PEORIA - APRIL 11, 2014. Lt. Governor Sheila Simon will visit the Center for Prevention of Abuse in Peoria on Saturday to raise awareness about sexual violence and promote anti-domestic violence initiatives being championed by her office. The Center is among those who could see funds from an adult entertainment facility surcharge that went into effect this year.

"April is Sexual Assault Awareness Month but this issue demands our vigilance year round," said Simon. "One case of domestic violence or sexual assault is one too many. By opening virtual legal clinics, working with strong partners like the Center for Prevention and Abuse and passing victim's rights measures, we are taking a strong stand."

Simon worked with Sen. Toi Hutchinson (D- Olympia Fields) and rape crisis advocates to collect fees from adult entertainment facilities that permit alcohol and nudity. Strip clubs remitted more than $350,000 to the state in 2013, and the funds are designed to fund grants to community-based sexual assault programs.

According to the National Sexual Violence Resource Center (NSVRC), Sexual Assault Awareness Month (SAAM) was first observed nationally in April 2001 with the goal of raising public awareness about sexual violence and educating communities and individuals on how to prevent sexual violence. A recently published fact sheet by NSVRC notes that one in six boys and one in four girls will experience a sexual assault before the age 18.

"Lt. Governor Simon has been an important partner working to accomplish our center's mission of helping all people - women, men and children - to live free from violence and abuse," said Martha Herm, Executive Director of The Center for Prevention of Abuse. "We are happy to have her in Peoria and thankful for her continued support."

While in Peoria, Simon will announce the expansion of the Virtual Legal Clinic to domestic violence agencies in Danville and Charleston in the coming weeks. The Virtual Legal Clinic provides free, legal consultation to domestic violence survivors on matters including divorce, maintenance and marital property, child custody and visitation, debt, bankruptcy and other legal matters. The Virtual Legal Clinic will now serve survivors in 18 counties. Simon worked with the Illinois Coalition Against Domestic Violence to pilot the state's first Virtual Legal Clinic for domestic violence survivors in December 2011 at the Center for Prevention of Abuse in Peoria.

Simon also recently applauded the General Assembly for its efforts this week to create meaningful and enforceable rights for crime victims by passing House Joint Resolution Constitutional Amendment 1 on Thursday. The constitutional amendment will appear on the November ballot and, if approved by voters, would provide victims a voice during the judicial process and more enforceable rights. Under the proposed amendment, victims would be notified before court rulings to access any of their  records; allowed to be heard at various court proceedings involving release decisions, pleas or sentencing; and have their safety considered during bail decisions, the release of the defendant, and the setting of conditions for release after arrest and conviction.

Simon has been a tireless advocate for victims of domestic violence. As an Assistant State's Attorney in Jackson County, she prosecuted domestic violence cases, and as professor at Southern Illinois University's School of Law, she helped launch a domestic violence clinic to train law students and to serve clients at no cost. Lt. Governor Simon will continue working to develop tools and resources for survivors and families affected by domestic violence.

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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.

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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. 12-1862

STATE OF IOWA vs. PATRICK RYAN NICOLETTO

No. 12-2168

STATE OF IOWA vs. DARRELL ALLEN SHOWENS

(DES MOINES) - Gov. Terry E. Branstad today signed the following bills into law:

House File 2438: an Act relating to the administration of the tax and related laws of the state, including administration by the Department of Revenue of certain tax credits and refunds, income taxes, franchise taxes, sales and use taxes, hotel and motel taxes, and equipment taxes, and modifying provisions relating to the property assessment appeal board, and including effective date and retroactive applicability provisions.

House File 475: an Act relating to the issuance of a search warrant to authorize the placement, tracking, monitoring, and removal of a global positioning device.

House File 2159: an Act relating to miller trusts and including applicability provisions.

House File 2183: an Act related to customers with delinquent accounts for the provisions of wastewater, sewer system, storm water drainage system, or sewage treatment services by a city utility or city enterprise.

House File 2192: an Act relating to rural water providers by making changes to water services requirements.

House File 2230: an Act relating to vehicle permit requirements for equipment used primarily for construction of permanent conservation practices on agricultural land, and including effective date provisions.

House File 2274: an Act concerning notice of fees imposed and collected by state agencies.

House File 2296: an Act relating to disposition of unclaimed property provisions applicable to gift certificates, and providing applicability provisions.

House File 2387: an Act providing for notice of garnishment and levy to a judgment debtor.

House File 2388: an Act relating to continuity of learning for children adjudicated under the juvenile justice law receiving foster care services.

House File 159: an Act relating to the possession of certain products with the intent to use the products to manufacture a controlled substance, and making penalties applicable.

House File 2423: an Act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective and applicability dates.

Senate File 2168: an Act creating the Iowa uniform Power of Attorney Act and providing penalties and including applicability provisions.

Senate File 2283: an Act providing a procedure for the escheatment of United States savings bonds presumed abandoned. 

Senate File 2328: an Act providing for the reorganization of the code provisions relating to the Iowa Finance Authority, revising and eliminating programs, including the beginning farm loan program, providing for existing tax credits, providing for the powers and duties of the authority, and including effective date provisions.

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DES MOINES, IA (04/10/2014)(readMedia)-- State Treasurer Michael L. Fitzgerald just might have that unique gift for Mother's Day. Fitzgerald will be hosting his next unclaimed property eBay auction beginning on April 24. "We will have an assortment of items up for bid, perfect gifts for Mother's Day," Fitzgerald stated. "Our eBay auction will be filled with one of a kind items and unique collectibles that were turned over in unclaimed safe deposit boxes." Interested bidders may visit the state treasurer's eBay page at http://myworld.ebay.com/ia.unclaimed.property.

The auction will begin on Thursday, April 24 and will close on May 1. Some of the treasures in this online auction include India bangle bracelets, a cameo pendant with perfume center, gold ladies rings, and silver with turquois stone bracelet. Items included in the auction are from abandoned safe deposit boxes reported to the state treasurer as unclaimed property by financial institutions across the state. Photos, letters and other personal memorabilia will not be included in the auction. The auction proceeds are held for the rightful owners until they come forward.

to see if the state treasurer has property belonging to you. Be sure to like the Great Iowa Treasure Hunt on Facebook and follow the program on Twitter @GreatIATreasure for information about future auctions.

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IA/IL QUAD-CITIES - Are people at the core of your business? Do even your best people sometimes make mistakes?

At the next Idea Lab program, Increasing Human Performance, presenter Michael Brooks, Founder and President of Michael Brooks Consulting LLC, will discuss how reducing the number of mistakes that take place in your business or organization could make a major difference.

The Idea Lab, a division of Results Marketing, offers live learning experiences in the Quad-Cities. "Most people do not realize that human error is both predictable and manageable," said Todd Ashby, Managing Partner of Results Marketing. "At Michael's presentation, he will share his thoughts on how to achieve a tenfold reduction of mistakes."
Increasing Human Performance will be held as a Lunch & Learn program from 12 to 1 p.m., April 18, at DHCU Community Credit Union, 1900 52nd Ave., Moline, IL. Admission is $15 and the event will include a catered Chick-fil-A meal. Attendees can select from a Chick-fil-A chicken sandwich meal, a veggie-wrap meal, or for one dollar more, a Grilled Chicken Market Salad.
"Increasing Human Performance may seem like it should be about common sense," Brooks said, "but actually, it can be counterintuitive. There are traps that increase our error rate, and by recognizing these traps, special tools can be utilized to reduce errors. Anyone wishing to improve the productivity of their workplace will not want to miss this presentation."
For more information or to register, please call Les Flesher at 563-322-2065 or email Les@resultsimc.com. Feel free to follow the Idea Lab on Facebook at www.facebook.com/Idealabqc.
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Congressman calls on State Department to work to resolve delayed adoptions with the Democratic Republic of the Congo

Washington, D.C. - After learning of the situation faced by a Dubuque couple who are adopting two children from the Democratic Republic of the Congo (DRC), Rep. Bruce Braley (IA-01) yesterday wrote Secretary of State John Kerry, urging the State Department to work with the Congolese government to resolve the situation.

"The Peats and other Iowa families have jumped through so many obstacles in order to provide a child with a loving home?and what's happening to them isn't fair," Braley said. "I'm hopeful the State Department can help finalize these adoptions and end this foot-dragging by the DRC that's causing families like the Peats so much pain."

 

Many families throughout the United States have completed the adoption process in the DRC courts. They were then granted their adoption visa by the United States. However, the DRC suddenly refused to issue exit letters, which is the final step allowing families to bring their children to the United States.

"I urge you to put pressure on the DRC government to have the moratorium on exit letters lifted," Braley wrote.

Last October, Braley introduced the Children in Families First Act which helps streamline the adoption process by removing unnecessary bureaucratic barriers to international adoptions.

In 2012, Braley introduced the Making Adoption Affordable Act to make the adoption tax credit permanent.

The letter to Secretary Kerry is available HERE.

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Per the request of the Scott County Fire Chief Association, a county-wide open burn ban will be effective at 6:00 PM this evening.

Below find a copy of the proclamation and an excerpt from the Iowa Code which identifies exception to this ban (recreational fires, etc.)

IOWA CODE SECTION 100.40

100.40 Marshal may prohibit open burning on request.

  1. The state fire marshal, during periods of extremely dry conditions or under other conditions when the state fire marshal finds open burning constitutes a danger to life or property, may prohibit open burning in an area of the state at the request of the chief of a local fire department, a city council or a board of supervisors and when an investigation supports the need for the prohibition. The state fire marshal shall implement the prohibition by issuing a proclamation to persons in the affected area. The chief of a local fire department, the city council or the board of supervisors that requested the prohibition may rescind the proclamation after notifying the state fire marshal of the intent to do so, when the chief, city council or board of supervisors finds that the conditions responsible for the issuance of the proclamation no longer exist.

  1. Violation of a prohibition issued under this section is a simple misdemeanor.

3. A proclamation issued by the state fire marshal pursuant to this section shall not prohibit a supervised, controlled burn for which a permit has been issued by the fire chief of the fire district where the burn will take place, the use of outdoor fireplaces, barbecue grills, properly supervised landfills, or the burning of trash in incinerators or trash burners made of metal, concrete, masonry, or heavy one-inch wire mesh, with no openings greater than one square inch.

 

 

 


(DES MOINES) - Gov. Terry E. Branstad today terminated the Department of Administrative Services (DAS) Director Mike Carroll.

Branstad released the following statement:

"Director Carroll told me that employees were not paid an additional amount in exchange for confidentiality provisions. In light of recent developments, I learned the information presented to me by Director Carroll was not accurate. I am deeply troubled and disappointed by this. As I stated at my press conference Monday, if I learned of new information there would be harsh consequences.

"I terminated Director Carroll today because new facts directly contradict what he told me and what he stated before the Government Oversight Committee. This is unacceptable.

"Confidentiality provisions in personnel settlements should have never been used. The use of such provisions was wrong. Taxpayer dollars should have never been used in relation to confidentiality provisions.

"The citizens of Iowa deserve a government as open and honest as them. Confidentiality provisions run contrary to my priority of an open and transparent government."

Carroll's termination is effective immediately. Branstad named Janet Phipps the interim director of DAS.

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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. 11-1842

THE VILLAGE AT WHITE BIRCH TOWN HOMEOWNERS ASSOCIATION vs. NORANDEX BUILDING MATERIALS DISTRIBUTION, INC., RBM-II, L.C., and WOLF CONSTRUCTION COMMERICIAL, INC.

No. 12-1771

TAMMY SMITH vs. STATE OF IOWA

No. 13-1871

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. JAMES STEPHEN CONROY

Rock Island, IL: Tax season is always a good time to clear out old files, and you can safely dispose of those papers at a Community Shred Day presented by the Rock Island Public Library, Document Destruction and Recycling Service and the Money Smart Week Quad Cities project. The drive-up and drop-off event is from 10:00 am to noon, Saturday, April 12, outside the Rock Island Main Library, 401 19th Street, Rock Island.

For confidentiality, materials will not be shredded onsite. Papers are collected in locked bins by bonded representatives of Document Destruction and Recycling Services (DDRS) and shredded under monitored conditions at the DDRS plant in Davenport.  Participants do not need to remove staples or paper clips from materials.  There is no charge or limits for this annual service, which is open to anyone.

Additional Community Shred Day events will be held at Moline Public Library on Saturday, April 5; Davenport Fairmount Branch Library on Wednesday, April 9, and at Bettendorf Public Library on Thursday, April 10. Contact the presenting libraries for more information or visit www.moneysmartweek.org for a calendar of Money Smart events.

For more information about Rock Island Library services and programs for children, teens and adults, visit the library's online branch at www.rockislandlibrary.org, call 309-732-READ (7323) or follow the library on Facebook or Twitter.

Founded in 1872, the Rock Island Public Library serves the area through three locations, which include the Main, 30/31 and Southwest Branches, community outreach efforts, and online opportunities that provide resources to enhance personal achievement and stimulate the imagination.

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