Senate Journal: Wednesday, January 10, 2001

  THIRD CALENDAR DAY
  THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, January 10, 2001

  The Senate met in regular session at 9:17 a.m., President Kramer
  presiding.

  Prayer was offered by the Honorable Nancy J. Boettger, member of
  the Senate from Harlan, Iowa.

  The Journal of Tuesday, January 9, 2001, was approved.

  OATH OF OFFICE

  The Report of the Committee on Credentials having been
  previously adopted, Senator Fraise appeared before the bar of the
  Senate, was duly sworn, and subscribed his name to the oath of office.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Behn, for the remainder of the day, on request of Senator Iverson.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:29 a.m.
  until the fall of the gavel.

  RECONVENED

  The Senate reconvened at 9:50 a.m., President Kramer presiding.
  COMMITTEE FROM THE HOUSE

  A committee from the House appeared and announced that the
  House was ready to receive the Senate in joint convention.

  In accordance with House Concurrent Resolution 2, duly adopted,
  the Senate proceeded to the House Chamber under the direction of
  the Secretary of the Senate and the Sergeant-at-Arms.

  JOINT CONVENTION

  In accordance with law and House Concurrent Resolution 2, duly
  adopted, the joint convention was called to order at 9:55 a.m.,
  President Kramer presiding.

  Senator Iverson moved that the roll call be dispensed with and
  that the President of the joint convention be authorized to declare a
  quorum present, which motion prevailed by a voice vote.

  President Kramer declared a quorum present and the joint
  convention duly organized.

  Senator Iverson moved that a committee of six, three members
  from the Senate and three members from the House, be appointed to
  escort Governor Thomas J. Vilsack to the Condition of the Judiciary
  Message.

  The motion prevailed by a voice vote and the Chair announced the
  appointment of Senators Fiegen, Maddox, and McKean on the part of
  the Senate, and Representatives Butka, Heaton, and Sievers on the
  part of the House.

  Senator Iverson moved that a committee of six, three members
  from the Senate and three members from the House, be appointed to
  notify the Honorable Louis A. Lavorato, Chief Justice of the Iowa
  Supreme Court, that the joint convention was ready to receive him.

  The motion prevailed by a voice vote and the Chair announced the
  appointment of Senators Bartz, Fraise, and Miller on the part of the
  Senate, and Representatives Eichhorn, Shey, and Tremmel on the
  part of the House.
  The following guests were escorted into the House Chamber:

  Secretary of State Chester J. Culver, Treasurer of State Michael
  Fitzgerald, Secretary of Agriculture and Land Stewardship Patty
  Judge, State Auditor Richard Johnson, and Attorney General Tom
  Miller.

  The Justices of the Supreme Court, Chief Judge Sackett and the
  Judges of the Court of Appeals, and the Chief Judges of the state's
  judicial districts.

  Mrs. Janis Lavorato, wife of Chief Justice Lavorato; his son,
  Anthony Lavorato, and his guest, Lisa Davey; his stepdaughter,
  Jenna Green; his brother, Charles; his sister-in-law, Delayne
  Johnson, and her son, Jacob Johnson; his brother-in-law, Ed Busing;
  and his mother-in-law, Rachel Busing.

  Lieutenant Governor Sally J. Pederson.

  The committee waited upon Governor Vilsack and escorted him to
  the Speaker's station.

  The committee waited upon Chief Justice Lavorato and escorted
  him to the Speaker's station.

  President Kramer then presented Chief Justice Lavorato who
  delivered the following Condition of the Judiciary Message:

  Mr. Speaker, Madam President, Members of the General Assembly, Governor
  Vilsack, Lieutenant Governor Pederson, distinguished guests, and friends:

  Thank you for the warm welcome.

  As I was preparing for today's speech, I thought of the many esteemed public
  servants-legislators, governors, even presidents-who have addressed the
  General
  Assembly, indeed the people of Iowa, in these magnificent chambers.  For
  more than
  twenty years, it has been the great honor of the Chief Justice of the Iowa
  Supreme
  Court to stand here and report on the state of the judiciary.  Today, as I
  address you for
  the first time, I do so with genuine humility and a sense of awe.

  Before I begin my remarks, I need to mention a few matters.

  First of all, on behalf of the Court, I welcome the new legislators who join
  us today.
  We look forward to working with you on any issue involving the
  administration of
  justice.
  Like the new legislators, I'm also a new kid on the block.  Because I'm new,
  I feel I
  should tell you a little bit about myself.  Those who know me recognize that
  I am
  candid and plainspoken.  I am sure that some will say this is an
  understatement.
  What you see is what you get.  My colleagues on the Court will tell you
  that, when I
  feel strongly about a cause, I am a passionate advocate.  But they will also
  tell you that
  I know the value of consensus building.

  I pledge to do all that I can to promote communication with you, within the
  Judicial
  Branch, and most importantly, with the public.  With that in mind, I am
  pleased to
  announce that we are taking a step in that direction today.  This address is
  being
  broadcast over the Internet.

  I want to also mention that the members of the Court and I invite everyone
  to join
  us, after my remarks, for refreshments and conversation in the courtroom
  downstairs.
  I assure you that the refreshments are under the three-dollar limit for
  gifts, and the
  conversation is free.

  And finally, I am proud to tell you about our Child Advocate of the Year,
  Jill Viau of
  Adel.  She is not only a remarkable advocate for children, she is a
  remarkable person.
  While in college Jill was a "Big Sister" for two children.  For six years
  she worked as a
  volunteer mentor for teenage mothers.  Jill also volunteered in a program
  that helps
  children with cancer.  For the past ten years, she has devoted many hours as
  a Court-
  Appointed Special Advocate, working on behalf of abused children who are
  before the
  court for protection.  Jill demonstrates the very best of what it means to
  be an Iowan.
  And now it is my great pleasure to introduce our Child Advocate of the Year,
  Jill Viau.
  Please join me in applauding her.

  I want to thank you for the invitation to talk to you about the state of the
  judiciary.
  Although the news is not uniformly good, we have some exciting opportunities
  within
  our grasp that will lift the delivery of court services out of the past and
  into the
  present.  I am going to describe those opportunities and outline the steps
  we need to
  take to realize them.  We have already taken many steps in that direction.

  HARNESSING TECHNOLOGY TO IMPROVE GOVERNMENT

  Let me begin with a brief look back.

  During the last decade, nothing transformed our world more than information
  technology.  With your support and with the vision and hard work of many,
  the
  Judicial Branch harnessed technology to improve the administration of
  justice.

  We computerized nearly every facet of Iowa's court system and connected all
  clerk
  of court offices and administrative offices to a statewide network.  In
  doing so, we
  gained substantial management and case processing efficiencies, increased
  productivity, and facilitated communication.  Our court information system
  is the
  model and envy of many states.

  But we did not stop there.

  We worked hand in hand with other government entities, including the
  Department
  of Transportation, the Department of Human Services, the Department of
  Public
  Safety, and the Department of Revenue and Finance to electronically link our
  computer system with theirs.  Through these links, we easily move mountains
  of
  information without paper, postage, or delay.  These partnerships have
  improved a
  wide range of government services and made new services possible.

  These innovations are only the beginning.  We can and must do more.

  BRINGING THE COURTS TO THE PUBLIC

  With the aid of information technology, we can provide a host of court
  services
  where they are needed, when they are needed, any time and any place.  We
  have the
  momentum to do this now.

  WEB SITE (www.judicial.state.ia.us)

  We took a step in this direction in 1998 with the creation of the Iowa
  Judicial
  Branch Web Site.  Our site is first and foremost a public information tool.
  It houses an
  array of useful information about the courts and the legal system.  For
  example, it
  includes (1) basic explanations of court procedures, structure, and history;
  (2)
  biographical information on all Iowa justices, judges, and magistrates; (3)
  appellate
  court opinions; and (4) the child support guidelines.  It also contains
  manuals to assist
  domestic abuse victims.  The manuals are in four languages: English,
  Bosnian,
  Vietnamese and Spanish.

  This year we'll revamp the site, making it easier to use, and we'll add more
  information.

  But with the web site we are just scratching the surface.  We can do much,
  much
  more.

  Think of viewing court records or paying traffic fines or child support from
  the
  convenience of one's home or office.  This would be a huge advantage for
  busy Iowans.
  We are currently working on two projects that will eventually make this
  possible.  They
  are dramatic steps, and we should take them now.

  ON-LINE COURTS

  We are putting the finishing touches on the first step, a program that will
  put court
  dockets on-line, 24 hours a day, 7 days a week.  With this service, Iowans
  will have at
  their fingertips summaries of case information such as court schedules,
  fine-payment
  records, judgments, liens, child support obligations, and other case events,
  from all 99
  counties and the appellate courts.

  We are ready to launch this program once you decide how to fund electronic
  access
  to public records.

  ELECTRONIC DOCUMENT
  MANAGEMENT SYSTEM

  The second step, the centerpiece of our on-line court system, will be a
  program we
  call electronic document management system, or EDMS.  It will enable people
  to
  electronically file their court documents and view entire court files
  on-line.
  EDMS could eventually result in a paperless court system.  However, I want
  to
  assure you that the Judicial Branch will continue to accommodate citizens
  who want to
  conduct their court business with paper.  We will be equipped to scan paper
  filings into
  the system and to make paper copies when requested.

  After several years of carefully studying the feasibility and cost of EDMS,
  we are
  ready to test it.  In a few months, we will be operating pilot projects in
  Clinton County
  and Dubuque County.  Later this year, we will test the program here at the
  appellate
  level.  After the tests are done, we hope to take this technology statewide.

  But we're not going to stop there.  We can do more.

  VIDEO COURT

  During the recent presidential election saga, Americans had an opportunity
  to
  watch televised arguments before a state appellate court.  At the time, a
  journalist
  asked me if the Iowa Supreme Court would ever allow television coverage of
  its
  proceedings.  He was amazed when I told him that the Iowa Judicial Branch
  has
  allowed cameras in our courts for the past twenty years.  Although we allow
  televised
  coverage, the media has not taken advantage of this by covering proceedings
  gavel-to-
  gavel.

  Unfortunately, the public's perception of the court system is influenced by
  television
  shows such as People's Court, Divorce Court, and Moral Court, the goals of
  which are
  to entertain and sell household cleaners.  Some people fear that video
  broadcasts of the
  courts would undermine the dignity of our court system.  I disagree.
  Television
  broadcasts of real court proceedings, the goals of which are to administer
  justice, will
  promote public understanding and, in turn, heighten respect for our courts
  and the rule
  of law.

  I am pleased to announce that the state's new Judicial Branch Building will
  be
  equipped with everything needed to broadcast proceedings of the Iowa Supreme
  Court
  and the Iowa Court of Appeals.

  TECH FUNDS

  Opportunities of the magnitude I have mentioned require more than careful
  planning and hard work; they require reliable and continuous funding
  sources.

  Dependable funding fosters planning, sparks innovation, and speeds
  deployment of
  new technology.  You wisely recognized this when you created a dedicated
  funding
  stream for court technology and earmarked those funds solely for that
  purpose.  We
  commend you for your foresight.  By doing this, you gave us the power to
  revolutionize
  the court system.  If we take the steps I have outlined, we can bring the
  courts closer to
  the people.

  OTHER STEPS

  While it is true that technology has been the driving force for much of our
  recent
  progress and it offers exciting opportunities for progress in the future, we
  must
  remember that it is not an end in itself.  It is a useful tool to help the
  court system
  perform its basic function of providing justice.
  We have additional steps to take.  These steps do not involve the trappings
  of
  technology.  They are simple but crucial steps that involve fundamental
  issues such as
  due process, performance, and resources.

  INTERPRETER STUDY

  Our legal system seems complex and intimidating, even to those who were born
  here.  Imagine how it must seem to persons who do not speak or understand
  English.
  As a first generation Italian-American, I have some knowledge about the
  struggles
  immigrants face with our language.  I witnessed my grandparents and my
  father
  having some of the same struggles.

  We must be vigilant to safeguard the rights of, and provide access to, all
  who come
  to the courts regardless of which language they speak.  Justice requires
  that we do so.
  That is why the Iowa Supreme Court has established a task force to assess
  the need for
  improvements in interpreter services.  If improvements are needed, the task
  force will
  recommend a plan for addressing them.  We must remove any barriers to
  justice.

  PERFORMANCE ASSESSMENTS

  We work for the public, just as you do.  As public servants, we understand
  that our
  performance is directly related to the public's trust and confidence in us.
  Believing
  that we're on the right path is not enough.  We need to objectively evaluate
  whether we
  are.  And we have a plan to do just that.  Recently, we adopted a five-part
  plan for
  ongoing reviews to measure Judicial Branch performance.  The plan includes
  doing the
  following:

  ?	Monthly, each judicial district will conduct a review of court statistics
  to
  determine whether they are meeting our time standards for case processing;
  ?	Recently, we surveyed all court employees to find out how they think the
  courts perform in key areas such as fairness, integrity, efficiency,
  accessibility and communication.  We'll repeat the survey periodically;
  ?	We are encouraging each judicial district to hold employee discussion
  groups
  to hear employees' concerns and ideas for improvements;
  ?	We are providing a standard exit questionnaire to each juror, asking them
  to
  evaluate their court experience; and
  ?	We will conduct focus group sessions to seek the views of key court users
  such
  as attorneys, litigants, witnesses, and others.

  Our performance reviews will serve as reality checks, help us identify any
  weaknesses in the court system, and generate ideas for future improvements.

  JUDGESHIP STUDY

  Our performance suffers when we do not have enough judges.  The constitution
  gives you the responsibility to provide additional judges.  However, we are
  keenly
  interested because the number of judges you provide directly affects our
  ability to carry
  out our constitutional mandate to serve the people.

  In response to our shared concerns about the integrity of the statutory
  judgeship
  formulas, we started an intensive study of our trial court workload.  This
  fall, more
  than half of our trial court judges and magistrates participated in an
  eight-week time
  study designed by the National Center for State Courts.  As you know from
  your own
  work, some issues require more time than others.  The results of the time
  study will
  show us the average amount of time a judge needs to handle each type of
  case.  The end
  result will tell us the number of judges and magistrates we need to dispose
  of cases in a
  timely manner.  Soon, we'll present the Center's report to you with our
  recommendations.

  JUDICIAL BRANCH OPERATIONS

  We know we must carefully manage the resources you provide.  And we know we
  must exercise fiscal discipline.  But when resources fall critically short
  of the public's
  demand for justice, even the best management will not slow the erosion of
  court
  services.

  Due to the high cost of employee health insurance and other circumstances
  beyond
  our control, we began the fiscal year with a $2.4 million deficit in our
  operating budget.
  Despite our best efforts to manage around the budget shortfall, we found no
  way to
  avoid the unpleasant task of cutting public services.

  During my first month as chief justice, I traveled to every judicial
  district to meet
  with our judges, clerks of court, and juvenile court staff.  They are doing
  their best to
  keep cases moving under the present difficult conditions.  Based upon their
  comments,
  I believe that if these conditions continue, case processing will fall
  behind, and delays
  will start to mount.

  I am proud of all of our people in the Judicial Branch.  And I am impressed
  by their
  boundless capacity for work and their unshakeable commitment to helping
  others.  But
  even the most productive person can only do so much each day.

  Our system of government calls upon all branches of government, in different
  roles,
  to contribute to the administration of justice.  Our role is to decide cases
  according to
  the law, promptly and equally for all people.  We rely on you for the
  resources required
  to carry out this important responsibility.  Though our roles are different,
  our goals are
  the same:  to provide Iowans with an accessible, fair, and efficient court
  system.

  You have a good track record of responding to the Judicial Branch's needs.
  I am
  confident you will work with us in a bipartisan effort to respond to our
  present
  concerns.  It is in the public's best interest to do so.

  According to an ancient proverb:  "A journey of a thousand miles begins with
  one
  step."  Today, I have outlined steps that will move us toward a court system
  that is
  more accessible, more open, and more accountable.  Some of the steps are
  highly
  innovative; others are fundamental; all are important.  It's clear where we
  need to go
  and what we need to do.  But to reach our destination, we need your help.
  Join with us
  on our journey to ensure Iowans their most precious heritage:  the right to
  justice.

  Chief Justice Lavorato was escorted from the House Chamber by
  the committee previously appointed.
  Governor Vilsack was escorted from the House Chamber by the
  committee previously appointed.

  Representative Rants moved that the joint convention be
  dissolved, which motion prevailed by a voice vote.

  The Senate returned to the Senate Chamber.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:33 a.m.,
  until 9:00 a.m., Thursday, January 11, 2001.
  APPENDIX

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  January 10, 2001

  BOARD OF REGENTS

  Annual report for the Center for Health Effects of Environmental
  Contamination,
  pursuant to Iowa Code section 263.17(4)(b).

  DEPARTMENT OF EDUCATION

  Statewide survey results for the Beginning Teacher Induction Program,
  pursuant to
  Iowa Code section 256E.5.

  IOWA CITIZEN FOSTER CARE REVIEW BOARD

  FY 2000 Annual Report and "Foster the Future" newsletter for Winter 2001.

  AGENCY ICN REPORTS

  DEPARTMENT OF HUMAN SERVICES

  Iowa Communications Network (ICN) Usage for FY 2000, pursuant to Iowa Code
  section 8D.10.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  January 10, 2001, 1:58 p.m.

  Members Present:  Schuerer, Chair; Bartz, Vice Chair; Flynn, Ranking Member;
  Hansen and Zieman.

  Members Absent:  None.

  Committee Business:  Assigned Senator Schuerer and Representative Raecker as
  co-chairs and adopted subcommittee rules.

  Adjourned:  2:03 p.m.
  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  January 10, 2001, 1:56 p.m.

  Members Present:  Gaskill, Chair; Sexton, Vice Chair; Black, Ranking Member;
  Fink
  and Greiner.

  Members Absent:  None.

  Committee Business:  Subcommittee rules were adopted and priorities for the
  session were reviewed.

  Adjourned:  2:18 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  January 10, 2001, 1:56 p.m.

  Members Present:  Miller, Vice Chair; Fiegen, Ranking Member; Holveck and
  McKinley.

  Members Absent:  Behn, Chair (excused).

  Committee Business:  Introductions and organizational meeting.

  Adjourned:  2:12 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  January 10, 2001, 2:00 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member;
  Kibbie and McLaren.

  Members Absent: None.

  Committee Business:  Adoption of committee rules and presentation by the
  Legislative Fiscal Bureau.

  Adjourned:  2:40 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 10, 2001, 2:00 p.m.

  Members Present:  Tinsman, Chair; Johnson, Vice Chair; Bolkcom, Ranking
  Member; and Rittmer.

  Members Absent:  Dearden (excused).
  Committee Business:  Introductions and adoption of committee rules.

  Adjourned:  2:44 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  January 10, 2001, 2:10 p.m.

  Members Present:  Veenstra, Chair; Harper and Redwine.

  Members Absent:  Boettger, Vice Chair, and Hammond, Ranking Member (both
  excused).

  Committee Business:  Introductions, adoption of committee rules, and
  presentation
  by Legislative Fiscal Bureau.

  Adjourned:  2:50 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  January 10, 2001, 2:00 p.m.

  Members Present:  Angelo, Chair; McKean, Vice Chair; Dvorsky, Ranking
  Member;
  Fraise and Maddox.

  Members Absent:  None.

  Committee Business:  Introductions, subcommittee rules adopted, and
  presentation
  by Legislative Fiscal Bureau.

  Adjourned:  2:30 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  January 10, 2001, 1:58 p.m.

  Members Present:  Lundby, Chair; King, Vice Chair; Deluhery, Ranking Member;
  Freeman and Shearer.

  Members Absent:  None.

  Committee Business:  Organizational meeting.

  Adjourned:  2:15 p.m.

  INTRODUCTION OF BILLS

  Senate File 16, by Boettger, a bill for an act relating to a Midwest
  interstate passenger rail compact.
  Read first time under Rule 28 and referred to committee on
  Transportation.

  Senate File 17, by McKean, a bill for an act relating to the
  primary election and providing an effective date and applicability
  date.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 18, by Miller, a bill for an act requiring contracts for
  the construction or maintenance of highways to include certain
  provisions for the restoration of areas in which fill dirt or other
  materials are to be removed.

  Read first time under Rule 28 and referred to committee on
  Transportation.

  Senate File 19, by Deluhery, a bill for an act exempting pension
  and retirement income for purposes of the state individual income tax
  and providing a retroactive applicability date.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 20, by McKibben, Schuerer, Bartz, Gaskill, Greiner,
  Freeman, Boettger, Rehberg, Redwine, Veenstra, Angelo, Iverson,
  Kramer, McKean, Behn, Jensen, Zieman, McKinley, Johnson, Drake,
  Redfern, Sexton, McLaren, Rittmer, Lamberti, Tinsman, Maddox,
  Miller, and Lundby, a bill for an act phasing out the tax on social
  security benefits under the state individual income tax and including
  a retroactive applicability date provision.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 5

  NATURAL RESOURCES AND ENVIRONMENT:  Miller, Chair; Fink and Johnson
  Senate File 10

  AGRICULTURE:  McLaren, Chair; Fraise and Greiner

  Senate File 12

  WAYS AND MEANS:  Rehberg, Chair; Connolly and McKibben

  Senate File 14

  WAYS AND MEANS:  Drake, Chair; Holveck and Maddox
  68	JOURNAL OF THE SENATE	3rd Day
  3rd Day	WEDNESDAY, JANUARY 10, 2001	69

© 2001 Cornell College and League of Women Voters of Iowa

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