25 Apr 2013

Iowan Jane Kelly Clears Senate

By Grassley Press

Prepared Floor Statement of Senator Chuck Grassley of Iowa

Ranking Member, Senate Judiciary Committee

On the Nomination of

Jane Kelly, to be United States Circuit Judge for the Eighth Circuit

Wednesday, April 24, 2013

Mr. President,

I rise today in support of the nomination of Jane Kelly to be United States Circuit Judge for the Eight Circuit.

The nominee before us today, Ms. Kelly, presently serves as an assistant public defender in the Federal Public Defender's office for the Northern District of Iowa in the Cedar Rapids office.

She is well regarded in my home state of Iowa and so I'm pleased to support Senator Harkin's recommendation that he made to the President and subsequently the President's nomination of Ms. Kelly.

She received her B.A. summa cum laude from Duke University in 1987.    After spending a few months in New Zealand as a Fulbright Scholar, she went on to Harvard Law School.  She graduated cum laude, earning her J.D. degree in 1991.

Upon graduation, she served as a law clerk - first for Judge Donald J. Porter, United States District Court for the District of South Dakota, then for Judge David R. Hansen of the Eighth Circuit.

Judge Hansen has sent us a letter in support for Ms. Kelly.  He was a person that I have suggested to Republican Presidents for both district judge and then for his long tenure on the Eighth Circuit.  He has been a friend of mine as well.  This is what now-retired Judge Hansen said in support of Ms. Kelly.   "She is a forthright woman of high integrity and honest character" and that she has an "exceptionally keen intellect".  Judge Hansen concludes that "she will be a welcomed addition to the Court if confirmed."   I would add that I have no doubt that she will be confirmed.

Beginning in 1994, she has served as an assistant federal public defender in the Northern District of Iowa in the Cedar Rapids office. She handles criminal matters for indigent defendants and has been responsible for trying a wide range of crimes.  She became the supervising attorney for the Cedar Rapids office in 1999.

Ms. Kelly is active in the bar and in district court matters.  She presently serves on the Criminal Justice Act Panel Selection Committee, the blue-ribbon panel for criminal cases, and the Facilities Security Committee of the district court.

In 2004, her peers honored her with the John Adams Award from the Iowa Association of Criminal Defense Lawyers and Drake University Law School.  She was unanimously chosen for this award, which recognizes individuals who show a commitment to the constitutional rights of criminal defense.

The American Bar Association's Standing Committee on the Federal Judiciary gave her a Unanimous "Qualified" rating.

I congratulate Ms. Kelly on her accomplishments and wish her well in her new duties.  I am pleased to support her confirmation and urge my colleagues to join me.

Now I would like to spend a couple minutes to update my colleagues on the progress we are making with respect to judicial nominations.

With this confirmation, the Senate will have confirmed 185 judicial nominations to the District and Circuit Courts.  Only two of President Obama's nominees failed confirmation.

That's a record of 185 to 2.

As I stated last week, a .989 batting average is a record any President would be thrilled with.  Yet this President, without justification, complains about obstruction and delay.

Today's confirmation is the 14th so far this year - including 5 circuit judges and 9 district judges.

Let me put that in perspective for my colleagues.  At this point in the second term of the Bush presidency, only one judicial nomination had been confirmed.   A comparative record of 14 - 1 is nothing to cry about.

As I said, this is the fifth nominee to be confirmed as a circuit judge this year, and the 35th overall.   Over 76 percent of his circuit nominees have been confirmed.  President Clinton ended up at 73 percent; President Bush at 71 percent.  So President Obama is doing better than the previous two Presidents.

So again, this President and Senate Democrats should have no complaints on the judicial confirmation process.  The fact of the matter is that President Obama is doing quite well.  I yield the floor.


24 Apr 2013

Governor Quinn Announces Tax Relief for Businesses and Families Impacted by Flooding

By Erin Wilson

Tax Filing and Payment Deadlines Pushed to October 31, 2013

PEORIA - Governor Pat Quinn today announced that Illinois businesses and individuals who file monthly, quarterly or annual returns and have been impacted by the flooding will have until Oct. 31 to file tax returns that were due on or after April 19. The extended deadline will provide much-needed relief for individuals and local businesses trying to file their returns or payments on time while recovering from the flood.

"Families and businesses across Illinois need time to focus on rebuilding their businesses, homes and lives," Governor Quinn said. "Once families have recovered, they can pull together the necessary paperwork to file and pay their taxes."

Taxpayers who opt to mail their deferred returns and payments should write Flood - April 2013 on the outside of the envelope in red ink and on the top of each page of the tax filing, so the account can be updated and handled appropriately. Filers using My Tax Illinois or WebFile will be provided instructions when they file their returns so that no late fees or penalties will be billed to their accounts.  For questions, the Illinois Department of Revenue has set up a mailbox dedicated to the flood issue: REV.FloodApr2013@illinois.gov.

"While we encourage individuals and businesses to bring their tax filings up to date as soon as their lives return to normal, we hope this deferred payment option is helpful to Illinois families and businesses," Revenue Director Brian Hamer said.

The tax relief will help individuals and local businesses, such as hardware stores struggling to meet customer needs while cleaning up after the flood; they will be able to focus on their customers and will have extra time to file and pay the sales taxes they collect. Individuals and businesses who normally file quarterly returns won't have the pressure to file those returns or payments while trying to recover from the flood. Distributors driving through flooded streets to get motor fuel to gas stations will have extra time to pay the taxes they owe.

Since Thursday, Governor Quinn has surveyed damage on the ground and from the air and met with local officials in some of the hardest hit communities, including Elmhurst, Des Plaines, River Forest, Bellwood, Riverside, Moline, Quincy, Bartonville, North Aurora, Marseilles, Ottawa, North Utica, Morris and Meredosia.

Personnel from FEMA, IEMA, the U.S. Small Business Administration and local emergency management agencies will begin assessing damage to homes and businesses in Cook, DuPage and Lake Counties on April 29. The teams will move to other affected counties as floodwaters recede so they are able to accurately assess the damage. Governor Quinn has declared a total of 44 counties state disaster areas.

Counties included in the state disaster declaration are Adams, Brown, Bureau, Calhoun, Carroll, Cass, Champaign, Cook, DeKalb, Douglas, DuPage, Fulton, Greene, Grundy, Hancock, Henderson, Henry, Jersey, Jo Daviess, Kane, Kendall, Knox, Lake, LaSalle, Livingston, Marshall, Mason, McDonough, McHenry, Mercer, Morgan, Ogle, Peoria, Pike, Putnam, Rock Island, Schuyler, Scott, Stark, Tazewell, Whiteside, Will, Winnebago and Woodford.

The state disaster declaration makes available a wide variety of state resources that can help affected communities respond and recover from flooding. It came after assessments by emergency officials and the governor, and begins the process of securing federal relief.

As of today, the state has fulfilled more than 140 requests for assistance from counties including:

Department of Transportation

  • More than 240 IDOT personnel and 160 trucks and equipment have been deployed to deliver sandbags, plastic, pumps, hoses, trucks and drivers to communities and assist with debris removal.
  • Conducting flyovers of flooded areas for situational awareness.
  • Providing guidance to communities on pumping equipment needs.

Department of Corrections

  • Nearly 570 offenders have filled and placed sandbags in several communities, logging more than 5,700 hours.
  • More than 1,140 offenders at IDOC correctional facilities have worked around the clock to fill more than 140,000 sandbags since April 19.

Department of Natural Resources

  • DNR boats and conservation police officers have assisted with home and medical evacuations, transportation, river rescues, missing person searches and other flood-related responses.

Illinois Emergency Management Agency

  • Provided 40 StarCom radios to the Algonquin Police Department for emergency communications.
  • Deployed liaison teams to coordinate response efforts along the Mississippi River.
  • Coordinating requests for assistance from affected counties with state resources.

Illinois National Guard

  • UH-60 Blackhawk helicopter and two crew members assisted the U.S. Army Corps of Engineers with overflight of the Des Plaines and Little Calumet Rivers to survey integrity of flood control systems and infrastructure.

Illinois State Police

  • Continue to assist motorists and local public safety agencies with flood-related issues.

Department of Public Health

  • Provided information on tetanus shots to local public health departments, hospitals and medical offices.
  • Arranged for the delivery of seven port-a-potties to support workers at two sandbagging sites.
  • Monitoring situations at nursing homes and long-term care facilities affected by flooding.

Department of Central Management Services

  • Procured sandbags, plastic and work gloves to support local sandbagging operations.

Governor Quinn activated the State Incident Response Center on Thursday to coordinate the deployment of state personnel and assets to assist local governments in the affected areas. The state's flood response is coordinated by the Illinois Emergency Management Agency.

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23 Apr 2013

Dog and Cat Food, Treats Recalled Nationwide as Salmonella Discovered

By James Judge
MINNEAPOLIS - Doctors from BluePearl Veterinary Partners are urging people to stop using and return or discard certain Natura Pet Products food and treats after the company issued a recall due to potential salmonella contamination Friday.

According to a press release issued by Natura Pet Products, the company is expanding its original recall after sampling conducted by the Michigan Department of Agriculture and the Georgia Department of Agriculture confirmed the presence of salmonella in additional dry pet food and a cat pet treat.

The brands affected are California Natural, Evo, Healthwise, Innova and Karma with expiration dates prior to and including March 24, 2014(See table below for additional details).

The affected products are sold through veterinary clinics and select pet specialty retailers nationwide and in Canada, Hong Kong, Korea, Japan, Malaysia, Singapore, Australia, and Costa Rica, as well as online, the release said.

People who have the potentially contaminated product should discard it immediately and stop handling it as it poses a risk to humans as well.

Salmonella can affect animals eating the products and there is risk to humans from handling contaminated pet products, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products.

Common symptoms of salmonella in pets include nausea, vomiting, diarrhea, bloody diarrhea, lethargy, fever and abdominal discomfort.

"Any time you notice your pet is not acting right, you should take him or her to your family veterinarian as soon as possible," said Dr. Neil Shaw, chief medical officer of BluePearl. "If it is an after-hours emergency, we would be glad to help at any one of our locations."

The affected products are:
Brand   Size    Description     UPC     Lot Codes(s)    EXPIRATION DATE
California Natural      All
Sizes   All dry dog and dry cat
food and treat varieties        All
UPCs    All Lot Codes   All expiration dates prior to and
including MARCH 24, 2014
EVO     All
Sizes   All dry dog and dry cat
food and treat varieties
All ferret food varieties       All
UPCs    All Lot Codes   All expiration dates prior to and
including MARCH 24, 2014
Healthwise      All
Sizes   All dry dog and dry cat
food and treat varieties        All
UPCs    All Lot Codes   All expiration dates prior to and
including MARCH 24, 2014
Innova  All
Sizes   All dry dog and dry cat
food and treat varieties        All
UPCs    All Lot Codes   All expiration dates prior to and
including MARCH 24, 2014
Karma   All
Sizes   All dry dog food varieties      All
UPCs    All Lot Codes   All expiration dates prior to and
including MARCH 24, 2014
Natura Pet Products also recommended for consumers to visit www.naturapet.com for additional information. For a product replacement or refund call Natura toll-free at 800-224-6123. (Monday - Friday, 8:00 AM to 5:30 PM CST).

About BluePearl Veterinary Partners
Formed in 2008, BluePearl Veterinary Partners is headquartered in Tampa, Fla., and employs more than 1,200 people including approximately 250 veterinarians. BluePearl hospitals are referral-only and don't provide primary care. Most BluePearl hospitals offer 24-hour emergency care services. BluePearl is one of the world's principal providers of approved veterinary residency and internship educational programs. BluePearl also participates in and conducts clinical trials to study the effectiveness of new drugs and treatments, which give clients access to cutting-edge medicine not yet commercially available and improves the quality of care delivered to our patients.
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23 Apr 2013

Medicare Advantage/stock incident, Tavenner nomination

By Grassley Press
Tuesday, April 23, 2013

Sen. Chuck Grassley of Iowa today released details of a timeline on a key Medicare policy decision earlier this month that reportedly moved stock prices when correctly described  by an outside firm prior to public release.  Grassley received information about the timeline from Marilyn Tavenner, acting administrator of the Centers for Medicare and Medicaid Services, in response to his inquiry.  Grassley's office has calculated that the Medicare Advantage policy decision was worth about $8 billion to the health care companies participating in Medicare Advantage.  He made the following comment on the new timeline details and the nomination of Tavenner to serve as permanent administrator.

"This timeline suggests CMS knew it was going to assume a sustainable growth rate fix in the Medicare Advantage rates on March 15.  I don't think anyone who understands the background believes CMS made the decision on its own or that the first time it was known outside of CMS was May 22.  This was a decision not only with a high price tag, but also with political implications for the White House.  A policy decision benefiting the big insurance companies by $8 billion is not a routine undertaking for this Administration.  Given the high probability that the White House, National Economic Council, and Domestic Policy Council were involved in the $8 billion decision before March 15, a significant number of people likely knew what the outcome would be long before the decision was announced.  It seems unlikely that none of them hinted at it to anyone else for more than two weeks.  That's especially true with the efforts from lobbyists and at least one political intelligence firm to get early insight into the decision.  Acting Administrator Tavenner has been responsive to my inquiries on this issue, in a letter last Friday and on a phone call this morning.  I intend to support her nomination and continue to work with her to get to the bottom of what led to the early release of information about the Medicare Advantage decision."

Grassley's April 4 letter to Tavenner is available here.  Tavenner's April 19 response to Grassley is available here.

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23 Apr 2013

NFPA to highlight dangers of kitchen fires during Fire Prevention Week in October

By NFPA
2013 theme aimed at leading cause of home fires

April 22, 2013 - The National Fire Protection Association (NFPA) announced the 2013 Fire Prevention Week theme:  "Prevent Kitchen Fires." NFPA selected this theme to encourage greater care when cooking and an awareness of kitchen fire dangers. As cooking is the number one cause of home fires and home fire injuries, NFPA will use the week of October 6-12 to promote safe kitchen habits with stoves, microwaves and other appliances. Remaining attentive while cooking and managing how close children and pets are to anything hot will help keep families safe.

NFPA is announcing the theme of Fire Prevention Week 2013 to coincide with the opening of the Fire Department Instructors Conference (FDIC). Thousands of firefighters from across the globe will gather for this conference in Indianapolis to train, network and learn. Conference attendees are invited to stop by NFPA's booth to view new campaign materials that will be on public display for the first time.

Video:  Sparky the Fire Dog® and Ken Willette, NFPA's division manager of Public Fire Protection announce the theme for Fire Prevention Week 2013.

"On average, firefighters respond to more than 400 kitchen fires every day" says Lorraine Carli, vice president of communications for NFPA. "By making kitchen fire safety the theme for 2013 Fire Prevention Week, we can raise the awareness of the leading cause of fires, unattended cooking, and provide life saving safety tips to improve the safety of everyone in the home."

The 2013 Fire Prevention Week campaign materials prominently feature Sparky the Fire Dog®, NFPA's mascot. Sparky's Wish List is an online registry where fire departments request much needed educational materials and individuals or businesses purchase items for them. Nearly 700 fire departments have registered.

NFPA is providing important kitchen safety tips to homeowners that align with the Fire Prevention Week theme:

  • When you fry, grill, or broil food, stay in the kitchen.
  • Maintain a kid- and pet-free zone at least 3 feet away from the stove.
  • Turn pot handles away from the stove's edge.
  • Keep a lid and oven mitt nearby when you're cooking to use in case of a grease fire. If you have a grease fire, slide a lid over the pan. Turn off the burner and leave the pan covered until it is completely cool.

Visit www.firepreventionweek.org for more information and safety tips.

About Fire Prevention Week
NFPA has been the official sponsor of Fire Prevention Week since 1922. According to the National Archives and Records Administration's Library Information Center, Fire Prevention Week is the longest running public health and safety observance on record. The President of the United States has signed a proclamation proclaiming a national observance each October since 1925.

About the National Fire Protection Association (NFPA)

NFPA is a worldwide leader in fire, electrical, building, and life safety. The mission of the international nonprofit organization founded in 1896 is to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating consensus codes and standards, research, training, and education. NFPA develops more than 300 codes and standards to minimize the possibility and effects of fire and other hazards. All NFPA codes and standards can be viewed at no cost at www.nfpa.org/freeaccess.

 

23 Apr 2013

SEC co-directors of enforcement

By Grassley Press
Monday, April 22, 2013

Sen. Chuck Grassley of Iowa today made the following comment on the Securities and Exchange Commission's announcement that Acting Director George Canellos and former federal prosecutor Andrew Ceresney have been named co-directors of the Division of Enforcement.  Media reports have described Ceresney as the "longtime lieutenant" of new SEC chairman Mary Jo White as a corporate defense lawyer at the law firm Debevoise & Plimpton.

"With the head of the SEC and one of the co-directors of enforcement coming from the same firm, both might be recused from many cases involving that firm's clients. The SEC will have to ensure that cases don't fall by the wayside because of potential conflicts of interest and recusals. The commission can't give any impression of favoritism toward former clients of the chairman and co-director of enforcement's former law firm."
23 Apr 2013

DREAMers condemn Senator Grassley and other Republican attempts to instill fear and division to Kill Immigration Reform

By Dream Action Coalition
Boston, MA - The DREAM Action Coalition stands with all Americans in coming together not only to mourn the loss of life stemming from recent events in Boston, but also in coming together to celebrate our country's resilience to stand firm in the face of tragedy.  We condemn Republican efforts to instill fear and division in the American people for the sake of their own political agenda to kill immigration reform. Their deceptive tactics have been apparent to many including the NYTimes who accurately illustrated that Republicans like Iowa Sen. Grassley, Rep. Steve King no longer have any good arguments to oppose immigration just that "about all they have left is scary aliens" and fear.
We are seeing Republicans like Sens. Sessions (R-AL) and Grassley (R-IA) are exploiting and rushing to judgment trying to instill fear and division in the American people. Just last week Senator Grassley said, "given the events of this week, it's important for us to understand the gaps and loopholes in our immigration system," apparently ignoring the fact that the Boston culprits were legal permanent resident and a U.S. Citizens.
But we must remember that modernizing our immigration system will allow people to step out of the shadow and be identified further increasing the government's understanding of who and why someone is in the U.S. Indeed, the Senate's bill - S.744, Border Security, Economic Opportunity, and Immigration Modernization Act - is primarily about public safety and national security. The national security force of SB 744 is recognized by Republicans such as Republican Senators John McCain (R-AZ) and Lindsey Graham (S-SC).
Sen. Grassley is demonstrating a utter disregard of the wishes of the American people who, in record numbers, are supporting a pathway to citizenship.  Despite the fact that the very tough town of Boston has gone back to life as normal, Sen. Grassley and others outside of Boston are trying to inject an un-American sense of fear and division into the nation to gain political leverage on the immigration debate. Republicans on immigration are looking very much like Republican Arizona firebrands like Joe Arpaio and Jan Brewer for misleading their Arizonans with notions like there being beheaded bodies in the desert (there were none).
Caught in the middle of all this are 11 million people who had nothing to do with this act of terrorism, but it is their lives that will be the most intensely and intimately affected by dragging the Boston incident into the debate and painting every immigrant with the same terrorist brush:
"Hey fb friends! I know we are all scared, hurt, and confused right now but we need to be careful. Let's not jump to conclusions or spread misinformation. I have already seen posts on Facebook blaming "illegals" (please stop using that word), immigrants, and Muslims. Your comments are hurting me, especially since I am an undocumented immigrant. I may not have been born here but this is still my home just like it is for many others who are not originally from here. I love the city of Boston and the people in it. I want to protect it. I don't have all the answers on how we can prevent this from happening here or the rest of the world. But I know the answer is not with hate, suspicion, or more violence." - Renata Teodoro, a young undocumented immigrant or DREAMer from Boston.
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Dream Action Coalition serves as a voice for undocumented youth and lobbying arm of the dream movement. Our work ensures that undocumented youth are represented in the halls of power and are correctly and directly informed of the actions of Congress, Executive Agencies, and the Courts.
23 Apr 2013

SMIDDY ANTI-SCAM MEASURE PASSES HOUSE

By Rep. Mike Smiddy
SPRINGFIELD, IL - State Rep. Mike Smiddy's (D-Hillsdale) proposal to prevent scam artists from escaping prosecution passed the House last week.

"Residents should not have to worry about fraud when they make investment decisions," said Smiddy. "The unfortunate reality is that there are scam artists and people looking to take advantage of someone's trust. When that happens, investors should have every tool at their disposal to seek justice and retribution from the scammer."

House Bill 2969 will help investors who do not realize they have been scammed until after the 5 year statute of limitations in current law expires by extending a two-year statute of limitations to begin at the time the investor discovers the scam.

This extension ensures that individuals making long term investments that may take longer to materialize, such as stocks or bonds, are able to pursue legal action if they become aware of the fraud more than 5 years after the investment takes place.

"This bill protects residents and the seniors who invest their savings with the hopes of one day being able to comfortably retire and provide for their families from falling victim to phony scams," Smiddy said. "Whether investment fraud was committed by a high-profile 'investor' who swindled celebrities and the rich or a small-time schemer, seniors deserve strong protections over their lifelong earnings."

For more information, contact Smiddy's constituent services office at RepSmiddy@gmail.com, (309) 848-9098, or toll-free at (855) 243-4988.

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22 Apr 2013

Loebsack to Speak at Quad City Habitat for Humanity 20th Anniversary Celebration

By Rick Martin

Washington, D.C. - Congressman Dave Loebsack announced that he will speak at a house dedication and ceremony to honor the 20th anniversary of the Quad City Habitat for Humanity in Davenport, TOMORROW, April 20th.  Loebsack will join Habitat leaders and local officials at a house dedication and then at a ceremony.

 

Quad City Habitat for Humanity 20th Anniversary Celebration

 

House dedication

1229 West 8th Street

Davenport

10:00am

 

20th Anniversary Ceremony

Zion Lutheran Church

1216 West 8th Street

Davenport

Around 10:45am (immediately following the dedication)

 

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22 Apr 2013

Iowa Supreme Court Opinions April 19, 2013

By Iowa Judicial Branch
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. 10-0214

STATE OF IOWA vs. ISAAC ANDREW BALDON III

No. 12-0036

SAMIR M. SHAMS vs. SONA HASSAN

Pages

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