Q:        Will Congress take up tax reform this Congress?

A:        The tax-writing Senate Finance Committee is laying the groundwork to rewrite the federal tax code.  If this effort comes off, it would be much bigger than the garden-variety legislative changes that take place from year to year.  Since the last major overhaul 27 years ago, the nation's tax code today resembles an overgrown garden.  Filing taxes takes more and more time and often more professional help every year.  It's time to make the tax code fairer and simpler.  It's also necessary to counteract the urge of some individuals in the nation's capital to raise taxes.  Big spenders in Washington have big appetites.  Instead of belt-tightening to make ends meet, they like to load Uncle Sam's plate with bigger helpings of taxpayer money.  For example, President Obama is still not satisfied.  He has called for even more tax increases on top of the ones he signed into law in January and on top of the large tax increases included in his health care reform law.  Lifting the lid on taxes is a recipe for economic disaster.  Raising rates on entrepreneurs and small business owners leaves less money in their bottom lines to invest, raise wages or hire new workers.  Taking a bigger bite out of wage earners' paychecks leaves less money for households to pay their bills, buy cars and appliances, or put money away for college or retirement.  As a senior member of the Finance Committee, I look forward to the opportunities that come with a clean slate.  As the United States struggles to regain stronger footing in the global economy, the federal tax code needs to meet, not exceed, the fundamental budgetary needs of the federal government by sticking to strong principles of economic growth and job creation.  When it comes to setting tax policy, Congress needs to stick to perhaps the most important rule of thumb for economic growth:  Less is more.  That goes double for the federal estate tax, which generally subjects American taxpayers to double taxation on income that Uncle Sam has already taxed.

Q:        Do you see Congress finally repealing the federal estate tax once and for all?

A:        The federal tax code burdens the taxpaying public with its complexity.  Lawmakers must focus on tax policies that make the system fairer and simpler.  Repealing the punitive estate tax on the nation's family-owned farms, ranches and businesses would be a good step in the right direction.  After a farmer or business owner puts a lifetime of sweat equity, savings and investment into a family business, the federal estate tax slaps the next generation with an unaffordable burden upon the death of a loved one.  It's been nearly 100 years since passage of the first federal estate tax in 1916.  Those who support scaling back this tax had some success in the tax law of 2001.  We phased out the estate tax for a time but we were unable to make full repeal permanent.  Achieving full repeal will be difficult as some members of Congress, as well as President Obama, have advocated increasing the burden of the estate tax.  But it's time to let this 20th century relic rest in peace once and for all.  As a co-sponsor of the "Death Tax Repeal Act of 2013" introduced by Senator John Thune of South Dakota, I will work to give families more certainty and peace of mind so they don't have to sell off assets or lay off workers to pay what Uncle Sam considers his fair share within nine months of a loved one's funeral.  Advocates of the federal estate tax believe wealth redistribution is good for America.  To the contrary, the death tax kills wealth creation and puts at risk the transfer of family-owned businesses from one generation to the next.  America was founded upon the principles of opportunity, ownership and prosperity.  The federal estate tax runs counter to those principles by ripping the rug out from beneath those whose families worked a lifetime to climb America's ladder of opportunity so that the next generation may also realize the promises of the American dream.

Monday, July 8, 2013

Des Moines, July 5, 2013 - The State Judicial Nominating Commission, which is responsible for selecting nominees for appointment to the Iowa Court of Appeals, announced today it will begin accepting applications to fill the vacancy that will occur when Court of Appeals Chief Judge Larry J. Eisenhauer retires September 30, 2013.

The Commission has sixty days to send a list of three nominees to the Governor, who makes appointments to the court.

The deadline for applications is August 12, 2013. Any citizen may submit in writing to the secretary of the commission, or to any commissioner, the names of persons for consideration as a candidate for nomination and express views concerning such candidate. Once the application time has run, the Commission will release the names of all applicants along with information about each applicant's background, experience, and qualifications.   This list and other information about the nominating commission and Iowa's merit selection process will be available on the Iowa Judicial Branch website: www.iowacourts.gov.

The Commission has set aside August 21 and 22, 2013, to interview applicants. Balloting to select a slate of three nominees will take place on August 22, 2013. The interviews will be held in the Supreme Court courtroom and will be open to the public. The interviews will also be streamed live on the Internet.

The 17-member commission is composed of a chair, who is the senior justice of the supreme court other than the chief justice, eight lawyer commissioners elected by lawyers licensed to practice law in Iowa and eight non-lawyer commissioners appointed by the governor and confirmed by the Iowa Senate. With the exception of the commission chair, membership on the commission is limited to one six-year term. Terms are staggered. The Iowa Constitution requires that commission members be chosen without regard to political affiliation.

Iowa's process for selecting judges through the use of nominating commissions is known as merit selection. Iowa voters approved the merit selection process in 1962 by constitutional amendment. Merit selection is designed to emphasize the professional qualifications of applicants for judicial appointment and minimize partisan politics. In keeping with this design, the Commission puts applicants for judicial office through a rigorous and thorough screening by reviewing extensive information about each applicant's background, education, professional skills, and experience. After the interviews, the commission sends the governor a slate of nominees. Iowa law requires nominees to be chosen "upon the basis of their qualifications and without regard to political affiliation." The governor is required to pick the new judge from this slate.

Important Notice to Applicants: To be eligible for appointment to the court of appeals, applicants must be a resident of the state, licensed to practice law in Iowa, and must be of such age that they will be able to serve an initial term (i.e., through December 31, 2014) and one regular term of office (six years or until December 31, 2020) before reaching the age of 72. To be most favorably considered for balloting, applicants for the vacancy on the court of appeals created when Chief Judge Eisenhauer retires must file a letter of intent with the secretary of the commission by August 8, 2013, and must submit completed application forms to the commission on or before August 12, 2013.

The names and addresses of the commission members and secretary are:

 

Chair

Justice David Wiggins

1111 East Court Ave.

Des Moines, IA 50319

 

Lawyer Members

Henry Bevel

327 East 4th Street, Ste. 300

Waterloo, IA 50704

 

Suzan Boden

P.O. Box 1557

Sioux City, IA 51102-1557

 

Christine Conover

115 Third Street SE, Ste. 1200

Cedar Rapids, IA 52401

 

Martin Diaz

528 South Clinton Street

Iowa City, IA 52240

 

Connie Diekema

699 Walnut Street, Ste. 1900

Des Moines, IA 50309

 

Jeff Goodman

1501 42nd Street, Ste. 300

West Des Moines, IA 50266

 

John Gray

1128 Historic 4th Street

Sioux City, IA 51102-1557

 

Dorothy O'Brien

2322 East Kimberly Road, Ste. 100E

Davenport, IA 52807

 

Appointed Members

Scott Bailey

1956 Clemens Street

Otley, IA 50214-8560

 

John Bloom

4820 Elm Street

West Des Moines, IA 50265-2995

 

Elizabeth Doll

77 Pelican Drive

Council Bluffs, IA 51501

 

Kathy Pearson

150 Thompson Drive SE, #120

Cedar Rapids, IA 52403-1740

 

Patricia "Trish" Roberts

732 San Salvador Avenue

Carroll, IA 51401

 

Helen Sinclair

2208 560th Avenue

Melrose, IA 52569-8502

 

Steve Sukup

1405 North Shore Drive

Clear Lake, IA 50428-1237

 

Jerry Welter

102 Jayne Drive

Monticello, IA 52310-1819

 

Secretary of the Commission

David K. Boyd

State Court Administrator

1111 E. Court Avenue

Des Moines, IA 50319

(515) 281-5241

 

# # #

Des Moines, July 5, 2013 - Iowa Court of Appeals Chief Judge Larry J. Eisenhauer, Ankeny, announced his retirement today. Judge Eisenhauer, will retire September 30, 2013. He was appointed to the Iowa Court of Appeals in 2001.

"To serve as an Iowa Judge for twenty eight years has been the honor of a lifetime," Judge Eisenhauer said. "I've studied legal systems, visited with judges from around the world and worked for the United Nations and I can say without hesitation the Iowa court system is one of the finest in the world. The Iowa Court of Appeals includes a wonderful group of hard working and thoughtful judges supported by an excellent staff. I'm retiring to travel, enjoy my family and I hope to continue to serve as a senior judge."

Judge Eisenhauer was born in Emporia, Kansas, and received his undergraduate degree from Emporia State University in 1968. He then served in the United States Army for two years, including a tour of duty in Vietnam, before attending Drake University Law School. After graduating in 1974, he practiced law privately and served as an associate juvenile judge from 1985 to 1993. He was appointed to the district court bench in 1993 and served as district court judge until his appointment to the court of appeals. He was selected chief judge in 2012. Judge Eisenhauer is a member of the Polk County, Iowa State, and American Bar Associations, and the Iowa Judges Association. Judge Eisenhauer is married, has two children, and one grandchild.

In 2005, Judge Eisenhauer volunteered for a six-month term as an international judge for the United Nations Mission in Kosovo. While there, he served as presiding judge on a three-judge panel in a case in which the defendants were charged with trafficking in human beings and rape, and he served as the investigating judge in a terrorism case.

In 2008, Judge Eisenhauer received the Iowa Judges Association Award of Merit. The award is given annually to recognize a judge who has made extraordinary contributions to the Iowa Judges Association and who has been a role model to new judges.

Under Iowa law, the vacancy that will occur upon Judge Eisenhauer's retirement will be filled by appointment by the Governor from a list of three nominees that will be submitted by the State Judicial Nominating Commission.

# # #

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. 11-0449

STATE OF IOWA ex rel. THOMAS J. MILLER, Attorney General for Iowa vs. VERTRUE, INCORPORATED f/k/a MEMBERWORKS, INC., a Delaware Corporation; ADAPTIVE MARKETING, LLC, a Delaware Limited Liability Company; IDAPTIVE MARKETING, LLC, a Delaware Limited Liability Company

No. 12-0010

STATE OF IOWA vs. CRAIG ANTHONY FINNEY

No. 12-0491

HORSFIELD MATERIALS, INC. vs. CITY OF DYERSVILLE

First petition aimed at clearing Dr. Richard Eells

CARBONDALE - July 3, 2013. In celebration of the nation's anniversary, Lt. Governor Sheila Simon announced today that she is launching an effort to restore the reputations of those who fought for freedom and equality. Simon will file petitions seeking clemency for Illinois abolitionists convicted for their fight against slavery. The first petition filed today seeks to clear central Illinois abolitionist Dr. Richard Eells.

"The men and women who defied the law to help slaves through the Underground Railroad risked their safety and well-being because they believed that all individuals deserve freedom," said Simon. "It is time that we honor their memories and sacrifices with pardons for their selfless and courageous actions. Abolitionists were on the right side of history, and a pardon vindicates their foresight and heroism."

Despite Illinois residents voting to abolish slavery in 1824, both Illinois and federal law prohibited the harboring or assisting of runaway slaves in free states. As part of this effort to honor abolitionists who fought for equality, Simon's office is working with historians and experts around the state to identify men and women around Illinois who were convicted of violating slavery laws.

Simon filed a petition of clemency today for Dr. Richard Eells, who in 1843 was convicted of harboring a runaway slave. Eells, an abolitionist and Underground Railroad conductor, did not hesitate to assist a man who is known in court records only as "Charley," a runaway slave from Missouri. While transporting Charley to safety, they were discovered by slave catchers. In April 1843, a jury found Dr. Eells guilty of harboring and secreting a slave, and unlawfully preventing the lawful owner from recovering the slave. His case was later heard by the United States Supreme Court, which upheld the original verdict.

"The Friends of the Dr. Richard Eells House organization is very pleased with the opportunity the Lt. Governor is giving us to provide a pardon to Quincy's Dr. Richard Eells for his efforts in 1842 to help Charley," said John Cornell, president of the Friends of the Dr. Richard Eells House. "This pardon will also provide vindication and honor to all the courageous participants in the Underground Railroad. We just wish Charley could have found his freedom at that fateful time."

Through his involvement in the Underground Railroad, Dr. Eells helped numerous slaves traveling through Quincy toward Chicago, and ultimately, to freedom in Canada. The National Parks Service has declared Dr. Eells home as one of the country's 42 most important Underground Railroad sites, and the home is currently operated by the Friends of Dr. Richard Eells House.

Simon is also asking the public to contact her office to recommend additional clemency requests for individuals convicted for their abolitionist activities. Please visit www.ltgov.illinois.gov for updates.

###

Area Master Gardeners, mark your calendar for the 2014 Upper Midwest Regional Master Gardener Conference "Growing Along the River" to be held June 25-28, 2014 at the Waterfront Convention Center, Bettendorf, Iowa.  The conference is hosted by the Iowa State University Extension and Outreach Master Gardener Program. The bi-annual conference will feature speakers, seminars, tours, vendors, a silent auction and more.  The conference is open to Master Gardeners from Iowa, Illinois, Wisconsin, Minnesota, Nebraska and Missouri.

An active Master Gardener may register one friend to attend with them. If you've ever been interested in becoming a Master Gardener, now is a good time to sign up and complete the classes by conference registration.  For Iowa residents, contact Iowa State University Scott County Extension & Outreach at 563-359-7577 for classes starting in September 2013. In Illinois, contact the Illinois State University Extension for next available classes at 309-756-9978. Trained volunteer Master Gardeners provide home horticulture information and education to the community.

-30-

Protecting Children, Women, Families & National Security -Is there Hope? YES

Important information will be presented.  Don't miss it
CedarRapids Iowa (June 26, 2013) Today we hear reports that the body of one of the recent Iowakidnap victim was recovered.  

Many parents, children and the community feel helpless fearing for their own communities and children. 

They feel compassion for the victims and parents and yet they ask "what prevents their children or loved one to be the next victim.  There is hope. There is much we can do to help our families and children.


Subjects include
Child abduction andsafety, 
Human trafficking:  The problem and solutions
InternetSafety
Legislation
DrugCartels infiltration in Iowa and nation, 
Pornography:  Experts "expose" the truth
NationalSecurity

and more.
Messages and remarks from
Governor Terry Branstad 
Senator Charles Grassley
Noreen Gosch (mother of Johnny Gosch) 
Drew and Heather Collins (parents of Elizabeth Collins)
Former trafficker, victim and brothelowner
DrugCartel expert
Salvation Army
Breaking Traffick
Law enforcement investigators,
Escaped survivors now telling their story, 
National ChildSafetyCouncil
and many more. 

For an extensive list of speakers, subjects and to register please go to www.preventingabuse.org

Invitation and registration link http://preventingabuse.com/about.html

Who should attend? Young adults and everyone else i.e. adults, parents, teachers law enforcement service providers, civic leaders and more.

There is Hope: The information presented may help your loved one

Space is very limited!!! Register today!!!  

www.preventingabuse.org

Des Moines, July 3, 2013 - The Wapello County Family Treatment Court and Associate Juvenile Judge William S. Owens received awards from the National Rural Drug Abuse Network, at that group's annual institute on drug and alcohol abuse.

The Wapello County Family Treatment Court was awarded the Harold E. Hughes, Exceptional Rural Program - Award of Excellence. This national award is given annually to a rural program that exemplifies outstanding contribution to the rural alcohol and drug abuse field by establishing exceptional services in the field that help to improve the lives of those who suffer the effects of alcohol and drug abuse.

Judge Owens was awarded the Harold E. Hughes, Exceptional Rural Professional - Award of Excellence. This award, also given annually at the National Rural Institute, goes to a rural professional who exemplifies outstanding contribution to the rural alcohol and drug abuse field.

"We are especially pleased to receive these awards because they are named in honor of former Iowa governor and senator, Harold E. Hughes, who dedicated his professional and personal life to providing appropriate treatment to individuals suffering from the disease of alcohol and drug addiction," Judge Owens said. "Our group is the first from Iowa to be honored with the Exceptional Rural Program Award, and I am only one of two Iowans to be individually honored as an exceptional rural professional".

Family drug courts focus on the welfare of children with parents who have substance abuse problems. The courts emphasize judge-led community collaborations that offer treatment for substance-abusing parents, while holding them accountable through intensive court supervision. As in adult drug courts, participants in family drug courts are required to take random and frequent drug tests and appear weekly before a judge. The goal is to reunite broken families.

Judge Owens is the Associate Juvenile Judge to District 8A, which includes Wapello County. He was appointed to the bench in 1999. He received his bachelor's degree from the University of Kansas in 1981 and his law degree from Drake University Law School in 1984. He has previously received two additional awards for his work with the Wapello County Treatment Court.

These two prestigious national awards were presented at the award ceremony on June 11, 2013, at the University of Wisconsin - Stout in Menomonie, Wisconsin.

# # #

DES MOINES, IA (07/02/2013)(readMedia)-- State Treasurer Michael L. Fitzgerald was pleased to present a check for nearly $66,000 from the Great Iowa Treasure Hunt to Superintendent Thomas Ahart of Des Moines Public Schools at Smouse Opportunity School in Des Moines on Tuesday. "We are all partners in ensuring that we take care of our students and teachers," Fitzgerald said. "I am happy to get this money back into the hands of Superintendent Ahart and the Des Moines Independent Community School District."

Treasurer Fitzgerald encourages all Iowans to check the Great Iowa Treasure Hunt website at greatiowatreasurehunt.com for forgotten treasures. "We have over a million names in our database with over 197,000 of them in Polk County alone," said Fitzgerald. "Unclaimed property isn't just for individuals. I encourage people to search for their local churches, schools, and businesses."

"In public education, we cannot afford to leave any stone unturned in making the best use of our resources in educating our students and supporting our teachers," said Superintendent Ahart. "We appreciate this effort by Treasurer Fitzgerald and the Great Iowa Treasure Hunt, and hope it is a reminder to other public entities to check for unclaimed property."

Corporations, business associations, financial institutions and companies across the nation report millions of dollars in unclaimed property to the state treasurer each year. Common examples of unclaimed property include money in forgotten savings and checking accounts, uncashed insurance benefit and payroll checks, lost stock and dividends, abandoned safe deposit box contents, gift cards, utility refunds or deposits.

Go to greatiowatreasurehunt.com to search for your treasure today.

###

Iowa Flag Officer will advocate for energy policies that will strengthen national security

MASON CITY, IOWA - Ret. Army Major General Gary Wattnem, a distinguished flag officer residing in Iowa, is traveling to Washington, D.C. on July 9-11 to meet with Senators Chuck Grassley and Tom Harkin to discuss the importance of energy security and how it impacts national security.

Wattnem, with his decades of Army experience, will provide the Senators with the first-hand knowledge they need to truly understand the risk the United States will face unless significant changes are made to energy security policies.

The most pressing item on Wattnem's agenda is the permit approval for the Keystone XL Pipeline that will contribute to U.S. energy independence by transporting desperately needed domestic and Canadian oil to American refineries.

"The United States and Canada have an established and friendly trading partnership and this pipeline would eventually provide us with twice of what we currently import from the Persian Gulf," Wattnem said. "If Washington is serious about increasing our economic, energy, and national security then it needs to act fast and get this pipeline built."

The State Department has conducted four separate environmental impact assessments that repeatedly conclude that the pipeline would not have significant impacts on the environment. Despite the overwhelming public support for the pipeline, a final approval for its permit has been put on hold.

Wattnem will also press the Senators to fix the Renewable Fuel Standard, a series of mandates for the production of renewable fuels established in the Energy Independence Act of 2007.

In order to comply with RFS mandates, American fuel supplies have been blending 10 percent ethanol content into fuel. They are approaching the point at which refiners are no longer able to meet the ethanol blending mandates. This will put refiners in the situation of either having to produce 15 percent ethanol or 85 percent ethanol, which could cause engine damage in military vehicles and hurt the economy.

"We need to avoid these unrealistic regulations that severely impact our economic and energy security," Wattnem said.

Wattnem is a member of Vets4Energy, a group of volunteer veterans from a variety of branches and ranks of the military. Dozens of other Vets4Energy are joining Wattnem on Capitol Hill to meet with their Senators. They hail from 25 other states and have fought in every U.S. war or engagement since Vietnam.

About Ret. Army Major General Gary Wattnem

Wattnem served a tour of duty at the Eastern Area Military Traffic Management and Terminal Service in Brooklyn, N.Y. During 1970 and 1971 he served in Vietnam with the 71st Transportation Battalion at Long Binh, Republic of Vietnam.

He entered the Active Reserve in November of 1971. His assignments included Company Commander of the 404th Signal Company in Waterloo, Iowa, and Signal Officer of the 394th Ammo Battalion in Ames, Iowa.  He then was assigned to the 103rd COSCOM at Fort Des Moines where he served in a number of assignments including Battalion Commander.  He was then selected as Commander of the 56th Material Management Center at Fort Snelling, Minn.

In September of 1993, he became the Chief of Staff of the 19th Theater Army Area Command in Des Moines, Iowa. In August of 1996, he assumed command of the 3rd Corps Support Command in Des Moines. He was selected as the Deputy Chief of Staff for Logistics at the Pentagon in 1999.  He retired in 2004.

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