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Iowa Supreme Court Opinions January 25, 2013 PDF Print E-mail
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Written by Iowa Judicial Branch   
Saturday, 26 January 2013 09:41

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.
Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.
For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.
NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.
No. 11–1262
STATE OF IOWA vs. KAREN SUE HUSTON
No. 11–1967
IN THE MATTER OF TRUST #T-1 OF MARY FAYE TRIMBLE, JUDITH R. CUNNINGHAM, Trustee

 
Governor Quinn Takes Bill Action **Thursday, January 24, 2013** PDF Print E-mail
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Written by Leslie Wertheimer   
Saturday, 26 January 2013 09:38

CHICAGO– January 24, 2013. Governor Pat Quinn today took action on the following bill:

Bill No.: SB 3233  

An Act Concerning: Insurance 

Allows health maintenance organizations to charge deductibles for basic health care services, which may not exceed limits set by the IRS.

Action: Signed

Effective Date: Immediately

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The Virtues of Bikes, Bourbon and Rock N Roll PDF Print E-mail
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Written by Ginny Grimsley   
Saturday, 26 January 2013 09:30

Blurring Gender Roles are Fine, Writer/Rocker Says, But Men Still Need to be Men

Does a real man stay at home with the kids while his wife goes to work? Is he OK if she earns more than him? Will he do the cooking – and like it?

Yes, yes and yes, says contemporary philosopher Eli Just, author of the popular supernatural adventure series that begins with “Manny Jones and the Place” (www.elijustsupernaturalwriter.com).

“The ‘new masculinity’ – the new manly man – understands the value of blurring those old gender lines. And he’s also found the satisfaction and real pleasure that comes with some of those things,” Just says.

“But he balances that with some of the old old-school ideas about what it is to be a man. There’s still a lot to be said for the freedom of roaring along a highway on a motorcycle,  sipping  bourbon, and playing rock ‘n roll with your buddies in the garage.”

Just points to a poll of more than 87,000 men in the United States, Canada, the United Kingdom and Australia. AskMen’s Great Male Survey found that:

94 percent would feel fine about their wife earning more than they do. (“That may just indicate we’re evolving,” Just says. “It doesn’t seem kind of stupid to be upset about a better lifestyle just because you’re not the one providing it!)

78 percent say marriage potential is “very” or “somewhat” important in evaluating how they feel about the woman they’re dating. (“It’s nice to see we’re raising our standards,” Just says.)

64 percent cook at home and like it – only 5 percent called cooking “woman’s work.” (“It stands to reason that if you’re wife is out making the big bucks, you better learn to cook or go hungry,” Just says.)

50 percent say the ultimate manly man is a good husband and father. That beat out traditional “manly” virtues such as being good at fixing things (13 percent) and being a great lover (4 percent).

This new appreciation of men’s roles and responsibilities is great, Just says, but if guys want to remain attractive to the opposite sex, they need to retain some of their guy-liness.

“Men need to be open to adventure. They need to be courageous. And they need to lose those little skinny jeans and dress like men,” he says. “We’re already slipping on achievement – more women are getting college degrees than men. More women than men are breadwinners.

“There’s absolutely nothing wrong with being a woman. I love women. But men are not women and we shouldn’t try to be!”

What does he recommend for putting some muscle back into manhood?

• Find your sparkplugs. If you don’t know how to change your engine oil, you need to fix that. Take a class in basic automotive maintenance and repairs – they’re often offered at adult schools and community colleges. “There is nothing less appealing to a woman than a man who has no clue about what’s under the hood – especially when she’s broken down on the side of the highway,” Just says.

• Do a chin-up. A basic difference between men and women is upper body strength. If you’ve let yours go, you need to get it back. “Men should be strong,” Just says. “They should be able to punch the bad guy or open the pickle jar. Too many of us have let ourselves go. Believe me, your wife-to-be doesn’t want to be carrying YOU over the threshold!”

• Get over the video games. Men have gotten far too preoccupied with video games, Just says. “They’re playing in some fantasy world for hours at a time, getting pale, flabby and weird.” He suggests watching football. While many a wife and girlfriend complains about the time her guy spends watching sports, at least he talks to her during commercials, Just points out. They might even get out and throw a ball around. “You can’t do that with virtual cyber swords,” he says.

About Eli Just

Eli Just is the author of several books including the popular “Manny Jones” series and “The Eddy.” He has a master’s in history from Southeastern Louisiana University and is a self-taught student of physics, which he taught at the high school level. As a Christian, Just enjoys exploring themes involving physics and its relationship to religion. He lives in northern Georgia.

 
Governor Quinn Signs Major Law to Keep Illinois Children Safe PDF Print E-mail
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Written by Erin Wilson   
Friday, 25 January 2013 15:41

“Erin’s Law” Helps Prevent Child Sexual Assault and Abuse, Empowers Victims

CHICAGO – January 24, 2013. Governor Pat Quinn today signed a new law requiring schools to implement an age-appropriate sexual assault and abuse awareness and prevention curriculum for grades pre-K through 12. Known as Erin’s Law, House Bill 6913 will help give victims a voice and prevent future incidents of sexual assault and abuse. Today’s action is the latest by Governor Quinn to ensure Illinois children are as protected from harm as possible.

“My most important duty as governor is to make sure every child in Illinois is safe and healthy,” Governor Quinn said. “Sexual assault and abuse steals a child’s innocence and can be extremely psychologically and physically damaging. Erin’s Law empowers young victims and teaches children what kind of behavior is and isn’t ok, which will prevent abuse and protect the children of Illinois.”

Sponsored by Rep. Jerry Mitchell (R-Rock Falls) and Sen. Jacqueline Collins (D-Chicago), HB 6913 – Erin’s Law – was an initiative of Schaumburg, Illinois native Erin Merryn. A victim of sexual assault and abuse as a child, Merryn quit her job three years ago to dedicate her life to helping victims break their silence, educating children about sexual assault and abuse, and preventing them from becoming future victims. She is an author and activist currently working to get Erin’s Law passed in all 50 states.

"My innocence was killed as a child, my trust was taken and my voice was silenced for many years,” said Merryn. “I have reclaimed my voice and I am determined to make sure every child in America has a voice and won't be silenced by a perpetrator the way I was. After testifying four times at the capital on Erin's Law, I am overcome with joy to know my voice was heard and Illinois children will now be educated and empowered every year with their voice to protect them from sexual abuse. I've turned pain into a purpose to end the silence and to educate and preserve the innocence of children. Thank you Illinois legislators and Governor Quinn for doing right by the children of Illinois."

Five states have implemented earlier versions of Erin’s Law. Illinois is the first state to take the next step and pass legislation that more comprehensively addresses the need for child sexual assault and abuse education in schools statewide.

Previously in Illinois, only secondary schools were required to include sexual assault and abuse awareness education. House Bill 6193 expands this requirement to include elementary and middle schools. The law also requires that teachers participate in professional development and training classes that cover sexual assault and abuse.

In 2011, Governor Quinn signed the first step of Erin’s Law, which created a task force to examine child sexual assault and abuse research, and release recommendations on how Illinois schools can better inform students about these issues. The Erin’s Law Task Force published their recommendations in May 2012. These specific recommendations became House Bill 6913.

The law is effective immediately.

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Loebsack Introduces Bill to Cut Member Pay PDF Print E-mail
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Written by Vonnie Hampel   
Friday, 25 January 2013 15:27

Legislation also repeals automatic pay increases

Washington, D.C. – Congressman Dave Loebsack announced today that he has introduced legislation that would cut Members of Congress’ pay by 10 percent.  The bill, the Congressional Halt in Pay Increases (CHIP IN) and Cut Congressional Pay Act, would also repeal the automatic pay increases that currently take place.  This legislation builds on the bill Loebsack cosponsored with former Congresswoman Gabby Giffords in the previous Congress.

“In a time when our economy continues to struggle and we face an unsustainable debt, it is more important than ever to hold Members of Congress accountable to the citizens that they represent,” said Loebsack “This bill is a simple way to show that Congress is serious about restoring fiscal discipline to reform the pay system that has prevented any cut in Congressional pay since 1933 – eight decades ago.”

Loebsack has consistently called for Members of Congress to have a personal stake in our nation’s recovery.  In addition to authoring the CHIP IN and Cut Congressional Pay Act, he has previously cosponsored legislation that would tie the eligibility for Members of Congress to draw their pension benefits to their Social Security retirement age.  He has also voted multiple times to cut Congressional office budgets.

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