Dems: Judiciary Committee – All-Bill Summary 2018

June 11, 2018
By

SF 385 – Uniform Athlete Agents Act
SF 2098 – Updating probate code for electronic document management system
SF 2099 – Administration of small estates
SF 2135 – Comparative fault for not wearing seatbelt
SF 2139 – Waiver of spousal share in power of attorney
SF 2165 – Crime victim compensation
SF 2175 – Real estate partitions
SF 2229 – Mechanics’ liens and collateral
SF 2230 – Kidnapping of those under 18
SF 2235 – Sabotage of critical infrastructure
SF 2241 – Parole violations
SF 2303 – Deferred inheritance taxes
SF 2314 – Business corporations fixes
SF 2321 – Stun guns do not require a permit to carry
SF 2378 – Terms for members of boards of directors (Casey’s)
SJR 2007 – No license suspension for drug offenses (Does not require Governor’s signature)
HF 2125 – Distribution of assets by affidavit
HF 2199 – Illegal use of a scanning device or encoding machine
HF 2232 – Mortgage releases
HF 2233 – Mechanics’ liens and claims on public-improvement project retainage
HF 2238 – Insurance fraud
HF 2255 – Contraband in Community Based Corrections facilities
HF 2300 – Mental health professionals creating business entities
HF 2318 – Redemption of parcels sold at tax sales
HF 2338 – Temporary restricted licenses for OWI offenders
HF 2342 – Property and weapons seized by DNR as a public nuisance
HF 2343 – Rules, guidance and standards requiring clear authority
HF 2348 – Non-substantive Code editor’s bill
HF 2381 – Disposition of a child found to have committed a delinquent act
HF 2392 – Mechanical eavesdropping
HF 2402 – Agent’s termination under a power of attorney
HF 2404 – Restitution paid to an estate or heirs of a crime victim
HF 2443 – Confidentiality of juvenile records
HF 2457 – Substantive Code editor’s bill
HJR 2009 – Right to bear arms constitutional amendment (Does not require Governor’s signature)

 

SF 385 makes changes to Iowa’s Uniform Athlete Agents Act. The original Act was passed to ensure that athlete agents adhere to certain requirements when recruiting athletes. The bill:

  • Expands the definition of “athlete agent” to include financial advisors, brokers and business services people who may contact student athletes.
  • Requires athlete agents to register with the Secretary of State, who is given authority to write rules to implement the Chapter.
  • Expands disclosure requirements for agents so that students and their parents know exactly who they are dealing with.
  • Strengthens the requirement that agents give notice of their involvement to education institutions.
  • Increases penalties for an agent who violates the law.
  • Enhances remedies available to the student-athlete and education institutions aggrieved by agent non-compliance.
    [3/3/17: 50-0]

 

SF 2098 updates the probate Code sections to reflect current practice using the electronic document management system. The bill:

  • Removes a reference to clerks keeping a “book” in which to record probate proceedings and removes a reference to a requirement for a written notation in a hard copy record of real estate transactions in probate. These records will be kept electronically.
  • Removes the ability of the clerks of court relating to probate matters:
  • To appoint personal representatives, guardians and conservators for minors, determine the amount of a bond, or waive or approve of bonds provided by fiduciaries in probate.
  • To admit wills to probate when not contested and make orders related to them, including orders for the issuance of commissions to take depositions.
  • To make orders in relation to the personal effects of a decedent where no objection is filed.
  • To approve petitions and reports in respect to the sale, mortgage, pledge, lease or exchange of property when notice has been waived by all persons.
  • Repeals Code section 633.72, which relates to notice to nonresident fiduciaries.
    [2/19: 49-0 (Absent: Sinclair)]

 

SF 2099 increases the size of what qualifies as a small estate for probate purposes from $100,000 to $200,000. If a personal representative files to convert the estate administration to or from a small estate based on assets, a court order is not required to make the change. The clerk will make the conversion when a personal representative’s statement is filed. The bill makes changes to the requirements for closing the estate by sworn statement, specifies what is necessary to close a small estate, and clarifies that clerks of court must close a small estate without a court order upon proof that the closing statement has been served and assets distributed. In the alternative, the clerk will close the small estate 60 days after filing of the closing statement and proof of service. The bill adds a definition of “probate assets” to the probate code. “Probate assets” means a decedent’s property subject to administration by a personal representative and requires attorneys for a small estate to clearly specify which assets are probate assets and their gross value. The section of the bill increasing the size of an estate that qualifies as a small estate is effective July 1, 2020. The remaining sections of the bill take effect July 1, 2018.
[3/28: 46-0 (Absent: Bertrand, Lykam, Zumbach; 1 vacancy)]

 

SF 2135 relates to the failure to wear a seatbelt that results in injuries suffered in a motor vehicle accident. Previously, if an individual is injured in a motor vehicle accident caused by another person, but it can be shown that the individual’s failure to wear a seatbelt or safety harness contributed to their injuries, the damages awarded to the injured individual in a civil suit may be reduced by up to 5 percent of any award. The bill increases the amount by which damages can be reduced up to 25 percent. There must be substantial evidence that failure to wear the seatbelt or safety harness contributed to the injury.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2139 comes from the Iowa State Bar Association and gives specific additional powers relating to real property if an agent (person given power over another’s financial matters) in a financial power of attorney is given general authority over a person’s interests in real property. If the power of attorney does not specifically restrict an agent’s power, the agent could relinquish any and all of the principal’s rights of dower, homestead and elective share. Dower is a spouse’s right to a portion of their deceased spouse’s real property. An elective share is the property that a surviving spouse can choose to receive contrary to a deceased spouse’s will. The bill is effective upon enactment.
[2/19: 49-0 (Absent: Sinclair)]

 

SF 2165 relates to the Victim Compensation Fund. Payments are made to victims of certain crimes for expenses incurred because of the crime. The fund is made up of criminal surcharge monies and other sources and has no impact on the General Fund. The bill:

  • Adds a definition of “survivor of a deceased victim” so that there is a consistent definition throughout the Code for providing compensation.
  • Adds the ability to receive compensation for loss of income incurred by a survivor of a deceased victim for a funeral, memorial or burial service.
  • Allows compensation for cleaning a crime scene, regardless of where the crime occurs. In the past, compensation was limited to cleaning a residence.
  • Provides for compensation for dependent care expenses when a survivor attends a funeral, burial or memorial service.
  • Provides for replacing or installing new locks and other residential security items.
  • Provides for additional compensation to a victim, a secondary victim or survivor for charges, expenses or loss of income if the expenses were not authorized at the time of the initial application for benefits.
  • Says a “new event” (e.g., a retrial, a change in offender custody status or a new appellate court decision) will allow for additional compensation.
    [3/6: 50-0]

 

SF 2175 is a Bar Association bill. It provides the courts with procedures for partitioning property when co-tenants disagree on the disposition of property owned by the co-tenants. The bill sets procedures for partition by sale and for partition in kind (i.e., dividing the property between all owners rather than selling it and dividing the proceeds). All partition procedures will be placed in Code Chapter 651. In the past, most procedures for partition were included in court rules. There are two distinct divisions in the bill: one provides procedures for all partitions; the other includes special provisions that apply only where real estate is heirs’ property as defined in the bill. To be considered heirs’ property, at least 20 percent must be owned by relatives. Per court rule, the courts have favored partition of property by sale; however, this bill provides a procedure when the property is heirs’ property and some of the heirs request a partition in kind, wanting to keep the property in the family.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2229 deletes archaic Code Section 572.3, which prohibits obtaining a mechanic’s lien when a person takes collateral security for performing  labor or supplying materials.
[2/21: 49-1 (No: Taylor; Absent: D. Johnson)]

 

SF 2230 adds kidnapping someone under the age of 18 to the definition of second-degree kidnapping. Previously, second-degree kidnapping occurred when the purpose was to hold the victim for ransom or when the kidnapper was armed with a dangerous weapon. Second-degree kidnapping is a “B” felony, punishable by up to 25 years in prison. If a judge or jury determines a second-degree kidnapping was sexually motivated, the kidnapper must register as a sex offender.
[2/27: 50-0]

 

SF 2235 is the “sabotage of critical infrastructure” bill, which creates a new crime relating to damaging critical infrastructure. The penalty is a “B” felony punishable by up to 25 years in prison and a fine of between $85,000 and $100,000. “Critical infrastructure sabotage” is defined as “an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure.” However, it does not include an accidental interruption or impairment of service caused by a person performing their work or caused by lawful activity. In addition, critical infrastructure sabotage does not include any condition or activity related to producing farm products as defined in section 554.9102, including, but not limited to, discharging agricultural storm water; constructing or using soil or water-quality conservation practices or structures; preparing agricultural land and raising, harvesting, drying or storing agricultural crops; applying fertilizer as defined in section 200.3, pesticides as defined in section 206.2 or manure  as defined in section 459.102; installing and using  agricultural drainage tile and systems; constructing, operating or managing an animal feeding operation as defined in section 459.102; and caring for, feeding or watering livestock.

These  categories are considered critical infrastructure:

  • Electrical infrastructure
  • Gas, oil, petroleum, refined petroleum products or chemical critical infrastructure
  • Telecommunications or broadband critical infrastructure
  • Wastewater critical infrastructure
  • Water supply critical infrastructure

The bill limits infrastructure in these categories to infrastructure used for generating, transmission, delivery, transportation, collection or storage systems. In addition, the bill includes in the definition any “land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure.”
[4/3: 35-13 (Yes: Republicans, Allen, Bowman, Danielson, Hart, Horn, Kinney, Mathis Ragan; Absent: Dawson; 1 vacancy)]

 

SF 2241 allows a parole officer to make a complaint to any magistrate in the judicial district where a parolee is being supervised if the parole officer believes a parolee has violated parole. If there is probable cause to believe the parolee has violated parole, the magistrate will issue a warrant for their arrest. In addition, the bill removes Code language that allows an individual to waive their parole-revocation hearing.
[3/12: 49-0 (1 vacancy)]

 

SF 2303 relates to deferred inheritance taxes when a person is given a life estate in a decedent’s property. At times when people die, they leave what is called a “life estate” to a survivor who may use the decedent’s property while the survivor is alive. An example would be the use of a home until the survivor’s death or for a number of years. After the survivor dies, the property is inherited by another person that the decedent named, generally in the decedent’s will. As a result, inheritance taxes are deferred until the death of the survivor with the life estate. This bill provides several methods for securing the inheritance taxes upon the death of the survivor with a life estate. According to the Bar Association, bonds to secure payment of the inheritance taxes are difficult to obtain. This bill is intended to help solve that issue. It adds that inheritance tax payment can be secured through an irrevocable payable-on-death or transfer-on-death account, payable to the Department of Revenue and approved by the Department of Revenue; or through an escrow agreement with the Department of Revenue with a private attorney acting as escrow agent holding the funds in the attorney’s trust account.
[3/5: 49-0 (Absent: Hart)]

 

SF 2314 makes technical changes to several Code Chapters relating to corporations. Some references were inadvertently omitted from previous legislation relating to corporate entities.

  • The changes to Chapter 9H relating to corporate farming ensure that all prior and current versions of Iowa’s Nonprofit Corporations Act are clearly referenced in the definition of “nonprofit corporation” relating to nonprofit corporations acquiring agricultural land.
  • The bill provides that in the case of a corporation organized under Code Chapter 491 – Corporations for Pecuniary Profit — a director’s “conflict of interest transaction” is subject to the same requirements as directors of a corporation organized under Code Chapter 490 – Business Corporations. It allows a director of a corporation organized under Chapter 491 to take advantage of a safe harbor provision known as the “business opportunity” exception, which applies to a director of a corporation organized under Chapter 490.
  • The bill also makes changes to Chapter 504, Iowa’s Revised Nonprofit Corporation Act, relating to standards of liability for directors.
    [3/5: 50-0]

 

SF 2321 removes the requirement that a person obtain a permit to carry a dangerous weapon if the weapon in question is a stun gun. A person carrying a Taser must still obtain a permit because  Tasers and stun guns are different weapons. Stun guns will continue to be considered dangerous weapons if used in the commission of a crime. A person under 18 is prohibited from carrying a stun gun.
[3/12: 49-0 (1 vacancy)]

 

SF 2378 removes the requirement for staggered terms for members of public corporation boards of directors.
[2/27: 50-0]

 

SJR 2007 establishes that the Legislature does not want to enforce federal law requiring drivers’ license suspensions for drug offenses because the law is an obstacle to mobility, employability and rehabilitation.

To obtain federal highway funding, Iowa must certify every year that it is complying with federal law requiring drivers’ license suspensions for drug offenses that have no relationship to driving. However, if a legislature passes a resolution indicating the state does not want to comply with the federal requirement and if the Governor submits a written certification to the U.S. Secretary of Transportation that the governor is also opposed to enforcing the requirement, the state can continue to receive its federal funding. Iowa has 5,000 license revocations for drug offenses each year. More than 350 people are arrested and charged with driving while suspended/revoked each year after having their license suspended or revoked for a drug offense.
[2/27: 50-0]

 

HF 2125 relates to distribution of property by affidavit. Under Iowa law, if a person dies owning $25,000 or less in personal property to be distributed to heirs, the property can be distributed through an affidavit, thus avoiding probate. This bill increases the amount of property that can be distributed by affidavit up to $50,000. In addition, the bill adds three requirements that must be included in the affidavit: (1) That no money is due Medicaid or, if due, Medicaid is to be paid; (2) That no inheritance taxes are due or, if due, will be paid; and (3) That creditors will be paid to the extent of funds received. Distribution by affidavit does not apply when real property is involved.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2199 updates criminal law relating to unauthorized use of scanning devices or encoding machines to obtain information encoded on a payment card. The update is intended to keep abreast of technology used to steal information from payment cards. Under the bill, if someone directly or indirectly uses a scanning device to access, read, obtain, memorize or store information encoded on a payment card without authorization, it is a “D” felony. In addition, it is a “D” felony if someone directly or indirectly uses an encoding machine to place information from a payment card onto a different payment card without authorization.

It will be an aggravated misdemeanor if a person possesses a scanning device with the intent to use it to obtain information encoded on a payment card without authorization, or possesses a scanning device with knowledge that a person other than an authorized user intends to use the scanning device to obtain information encoded on a payment card without authorization.
[3/1: 49-0 (Absent: Bertrand)]

 

HF 2232 provides one procedure for releasing and satisfying a mortgage in Chapter 655 – Satisfaction of Mortgages, removing Code language in Chapter 535B that provides another remedy to secure a release and satisfaction of a mortgage. Highlights include:

  • Clarifying that a mortgagee must acknowledge satisfaction in writing no more than 30 days after the mortgage is paid off.
  • If a revolving line of credit is secured through the mortgage, the mortgagee only must file a release and satisfaction upon payment in full, as long as the mortgagor makes a written request to the mortgagee that the mortgage be released.
  • If a mortgagee fails to discharge within 30 days of the request, the mortgagee is liable for all actual damages, plus reasonable attorney fees. The mortgagee is subject to a $500 penalty.
  • Adding a new Code section requested by the Bankers Association, which limits liability of a mortgagee if the mortgagee has reasonable procedures to achieve compliance with the requirements of filing mortgage releases; the mortgagee complied with the procedures in good faith; and the mortgagee was unable to comply with its obligations because of circumstances beyond its control.
    [3/21: 49-0 (1 vacancy)]

 

HF 2233 has two key parts. One relates to amending liens filed by subcontractors for work done on private construction projects. The other relates to retention funds required in public construction projects to be reserved until the end of the project to be available to subcontractors who have not been paid for their work.

Under the bill, a lien statement may be amended by the claimant without court involvement to decrease the amount demanded in the lien. This can be done through the mechanics’ notice and lien registry. A lien statement may only be amended by leave of court to further justice, and no lien statement can be amended to increase the amount demanded.

The bill also makes significant changes to Chapter 573 (labor and materials on public improvements) regarding who is entitled to make claims against a retainage and the requirements to make a claim. The bill requires a furnisher of labor, materials, service or transportation to a subcontractor on a public improvement project to provide a one-time notice in writing within 30 days of starting work or first supplying materials to the principal contractor, along with detailed contact information for the furnisher and subcontractor. However, the 30-day notice requirement will not apply to subcontractors working on highway, bridge or culvert projects. Any person making a claim against the retainage must provide a certified statement that the principal contractor received the required notice. Previously, there was no 30-day notice requirement on public improvement projects, and those who supplied labor, materials, service or transportation that have not been paid could make a claim against the retainage at the end of the project. Code section 26.13 (early release of retained funds in public construction projects) is deleted. The language is placed in Chapter 573 (labor and materials in public construction projects).
[3/27: 26-21, party line (No: Democrats, D. Johnson; Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2238 specifies that an insurer can be a victim for purposes of restitution if insurance fraud has been committed against the insurer. The bill clarifies that when an insurer pays a victim’s insurance claim, the insurer is not the victim and has no right of subrogation.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2255 makes it a crime to introduce contraband into or onto a community based correctional facility; convey contraband to anyone confined in a community based correctional facility; or knowingly make, obtain or possess contraband while confined in a community based correctional facility. Contraband includes, but is not limited to:

  • A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe or intoxicating beverage.
  • A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife or other cutting device, explosive or incendiary material, instrument, device or other material fashioned to be capable of inflicting death or injury.
  • Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.

Failure to report a known violation or attempted violation to a community based correctional officer or official is an aggravated misdemeanor. Possession of contraband that is a controlled substance or materials intended to facilitate escape is a “D” felony. Possession of contraband, such as a dangerous weapon, offensive weapon, stun gun or knife, is a “C” felony.
[3/13: 49-0 (1 vacancy)]

 

HF 2300 adds licensed mental health counselors and licensed social workers to the list of professionals who can form a professional limited liability company. In addition, the bill specifies that marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers will be considered professionals that can lawfully practice in partnership and form a professional limited liability company. The bill also adds marital and family therapy, mental health counseling and licensed social work to the list of professions permitted to form a professional corporation, and allows marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers to practice in combination as licensed individuals or as a partnership of licensed individuals in a professional corporation.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2318 creates a process for minors and those with a legal disability to redeem real property held in their name after it has been sold at a tax sale and the county treasurer has delivered the treasurer’s deed. Under Code section 447.7, a minor or person with a legal disability may redeem property sold at a tax sale at any time up until age 19 for minors or a year after the legal disability has expired. However, the Code section (447.8) that delineates how property sold at a tax sale is to be redeemed does not describe how minors or those with a legal disability who are the initial titleholders of the property are to redeem after the 90-day redemption period expires and the treasurer has issued the treasurer’s deed to the tax sale purchaser. This gap in the law has allowed some properties to remain with uncertain title for extended periods.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2338 allows persons subject to a hard suspension of driving privileges after operating a vehicle while intoxicated to apply for a temporary restricted license and avoid the hard suspension. To obtain a temporary restricted license, the applicant must install an ignition interlock device. In addition, the bill removes the limitations on driving that are imposed on those with temporary restricted licenses. Previously, a person with a temporary restricted license could only drive to and from home and specified places relating to employment, health care, education, substance abuse treatment, court-ordered community service, and parole and probation appointments. In addition, those with temporary restricted licenses who are participating in a sobriety and drug monitoring program (24/7) could drive to and from the drug monitoring appointments. Under the bill, first-time OWI offenders who test between .08 and .10 must install an ignition interlock device to obtain a temporary restricted license. Previously, they did not have to install an ignition interlock. The suspension of driving privileges for those with a commercial licenses or who drive school buses remains unchanged. Those who cause the death of another due to driving while intoxicated are still subject to a hard suspension of their driving privileges and cannot obtain a temporary restricted license for two years.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2342 prohibits the state from confiscating fish, furs, birds or animals, or mussels, clams or frogs seized because it was suspected that they were illegally possessed, taken, transported, etc., if the person suspected of and charged with illegal possession, etc., is not convicted. If there is no conviction, seized property must be returned within 30 days of a “not guilty” verdict, within 30 days of dismissal or within 30 days of the statute of limitations. However, no fish or wildlife can be returned if it is illegal to possess, including those taken, possessed or transported unlawfully.

“Convicted” means a finding of guilt, payment of a scheduled fine, plea of guilty, deferred judgment, deferred or suspended sentence or delinquency adjudication, or when no charge is filed because the person agrees to provide information about another person’s criminal activity.

In addition, the state may only condemn property seized as a public nuisance (e.g., property used to illegally capture, kill, etc., wildlife, such as illegally shooting a bald eagle with a gun) if the person from whom the property was seized is convicted. If there is no conviction, the property must be returned.

Previously, if property seized as a public nuisance was condemned pursuant to Chapter 483A, proceeds from the sale of the property go to the Fish and Game Protection Fund.

The Department of Natural Resources (DNR) will report to the Oversight Committees how much is deposited in the fund each year. In addition, the seizing public agency must adopt a policy for keeping detailed records on acquired property, the date it was acquired, how and when it was disposed, and financial records for property sold. Employees or family members of employees of the seizing agency cannot  purchase condemned property, including weapons. A purchaser at a sale of seized and confiscated property (held by the DNR) must sign a declaration that they are not an employee or a family member of an employee of the seizing agency.
[4/16: 30-18 (Yes: Republicans, Bowman, Kinney, Taylor; Absent: Bertrand, Zumbach)]

 

HF 2343 prohibits all state agencies from implementing or enforcing any standard, requirement or threshold unless it is clearly required or clearly permitted by statute, rule or federal law or regulation, or is required by a court ruling, a state or federal executive order or a state or federal directive that would result in the gain or loss of funding, or a federal waiver.
[3/20: 46-3 (No: Hogg, Petersen, Taylor; 1 vacancy)]

 

HF 2348 is the Non-Substantive Code Editor’s Bill, which makes minor, non-substantive and non-controversial changes to Iowa Code. The bill consists of 129 sections and includes 20 numerical updates, 26 terminology or name changes, 23 grammatical changes, five corrections of clerical errors, eight standardizations of Iowa Code and federal citations, and 84 updates to Code section style or format.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2381 relates to custody of juveniles who are sent to the State Training School for Boys in Eldora or another facility after committing a delinquent act. Previously, when a juvenile age 12 or above committed a forcible felony, a drug-related felony or a homicide, the court could transfer guardianship to the Iowa Department of Human Services for purposes of transferring the juvenile to the State Training School or another facility. The bill removes the court’s ability to transfer guardianship and inserts that the court may transfer custody of the juvenile to the Department of Human Services.
[4/5: 46-0 (Absent: Bertrand, Bisignano, Zumbach; 1 vacancy)]

 

HF 2392 relates to recording or intercepting communications. Previously, it was a serious misdemeanor to record or intercept a conversation without authority to do so. A person could only legally record or intercept a communication when the sender or recipient of a message or a person openly present and participating in or listening to a communication records the communication. In addition, the law allowed the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.

HF 2392 creates another exception allowing people to legally record or intercept communications. This exception is “use of a monitoring device,” which will allow people to listen to, record or intercept a conversation or communication by electronic or mechanical means, if the electronic or mechanical device is “placed outside a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.” These are seen as anti-theft and security devices, and the law specifies that the purpose of the monitoring device must be to detect or prevent criminal activity.

In addition, the bill amends Section 808B.2 under the Interception of Communications Chapter to authorize the owner or lessee of real property to intercept an oral communication when a surveillance system is placed in or on the real property owned or leased by the person, and the system is installed with the knowledge and consent of all lawful owners or lessees of the real property, and the surveillance system is used to detect or prevent criminal activity in or on property owned or in an area accessible to the public in the immediate vicinity of the property.
[3/20: 48-1 (No: McCoy; 1 vacancy)]

 

HF 2402 addresses instances when a person who has power of attorney regarding financial decision-making for another commits or is accused of committing dependent adult abuse of the person whose finances they control.

In a power of attorney governed by Chapter 633B, the person with authority to make financial decisions for another is called the agent. The person who has ceded their decision-making authority is the principal.

Under the legislation, an agent’s authority under a power of attorney automatically terminates if the agent commits dependent adult abuse of the principal per a dependent adult abuse report, or the agent is convicted of dependent adult abuse of the principal. Those who become aware of pending criminal charges of dependent adult abuse against an agent or become aware of an investigation of dependent adult abuse relating to the agent can file a petition with the court for review of the agent’s conduct.

The court can suspend an agent’s authority and appoint a guardian ad litem, who must be a practicing attorney, to represent the principal when someone petitions the court pursuant to pending criminal charges of dependent adult abuse or there is an investigation of potential dependent adult abuse.
[3/27: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2404 relates to restitution under criminal law for a felony that caused the death of another person. Under Code section 910.3B, the offender must pay $150,000 to the victim’s heirs or the victim’s estate. This bill ensures any restitution required under 910.3B will not be reduced by a third-party payment, including an insurance payment, unless the offender is covered by the insurance.
[4/3: 48-0 (Absent: Dawson; 1 vacancy)]

 

HF 2443 relates to the delinquency jurisdiction of juvenile court and the confidentiality and disclosure of certain juvenile court records. The bill:

  • Expands the definition of a delinquent act to include trespass violations.
  • Provides that a hearing for a child alleged to have committed a delinquent act must be held within two working days of the child’s admission to a shelter care facility and within one working day of admission to a detention facility. Previously, the law required that hearings be held within 48 hours and 24 hours respectively.
  • Creates a new Code section requiring official juvenile court records, except those alleging delinquency, to be confidential and not accessible as public records. However, such confidential records must be disclosed without a court order to judges and professional court staff, the child and the child’s counsel, the child’s parent, guardian ad litem and members of a reviewing child advocacy board or a local citizen foster care review board, county attorney or designees, and other entities and individuals whose duties require access to the information.
  • Expands the list of those who may receive juvenile court records online or in an electronic customized data report prior to delinquency adjudication when the records pertain to an act that would be a forcible felony if committed by an adult. This includes those operating a juvenile diversion program. Those operating a juvenile diversion program may also receive police reports and related information that assist in the operation of the juvenile detention program.
  • Provides that rules for maintaining or destroying sealed juvenile records will be prescribed by the state court administrator.
  • Requires the district court to dismiss charges and the clerk to seal any records if the charges were erroneously filed in district court, and juvenile court has exclusive jurisdiction.
  • Requires records for cases that were initially filed in district court but transferred to juvenile court be sealed after they have been forwarded to the juvenile court.
  • Provides that, without an order making juvenile court records public, the Department of Public Safety must not release the records.
    [4/16: 48-0 (Absent: Bertrand, Zumbach)]

 

HF 2457 is the substantive Code Editor’s Bill, which adjusts language reflecting current practices or changes made through past legislation; corrects manifest errors; clarifies ambiguities; eliminates conflicts; and deletes obsolete or temporary provisions.
[3/6: 50-0]

 

HJR 2009 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. In addition, the resolution states that “(t)he sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.
[3/21: 34-15 (Yes: Republicans, Allen, Bowman, Horn, D. Johnson, Kinney, Taylor; 1 vacancy)]

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Dems: Judiciary Committee – All-Bill Summary 2018

June 11, 2018
By

SF 385 – Uniform Athlete Agents Act
SF 2098 – Updating probate code for electronic document management system
SF 2099 – Administration of small estates
SF 2135 – Comparative fault for not wearing seatbelt
SF 2139 – Waiver of spousal share in power of attorney
SF 2165 – Crime victim compensation
SF 2175 – Real estate partitions
SF 2229 – Mechanics’ liens and collateral
SF 2230 – Kidnapping of those under 18
SF 2235 – Sabotage of critical infrastructure
SF 2241 – Parole violations
SF 2303 – Deferred inheritance taxes
SF 2314 – Business corporations fixes
SF 2321 – Stun guns do not require a permit to carry
SF 2378 – Terms for members of boards of directors (Casey’s)
SJR 2007 – No license suspension for drug offenses (Does not require Governor’s signature)
HF 2125 – Distribution of assets by affidavit
HF 2199 – Illegal use of a scanning device or encoding machine
HF 2232 – Mortgage releases
HF 2233 – Mechanics’ liens and claims on public-improvement project retainage
HF 2238 – Insurance fraud
HF 2255 – Contraband in Community Based Corrections facilities
HF 2300 – Mental health professionals creating business entities
HF 2318 – Redemption of parcels sold at tax sales
HF 2338 – Temporary restricted licenses for OWI offenders
HF 2342 – Property and weapons seized by DNR as a public nuisance
HF 2343 – Rules, guidance and standards requiring clear authority
HF 2348 – Non-substantive Code editor’s bill
HF 2381 – Disposition of a child found to have committed a delinquent act
HF 2392 – Mechanical eavesdropping
HF 2402 – Agent’s termination under a power of attorney
HF 2404 – Restitution paid to an estate or heirs of a crime victim
HF 2443 – Confidentiality of juvenile records
HF 2457 – Substantive Code editor’s bill
HJR 2009 – Right to bear arms constitutional amendment (Does not require Governor’s signature)

 

SF 385 makes changes to Iowa’s Uniform Athlete Agents Act. The original Act was passed to ensure that athlete agents adhere to certain requirements when recruiting athletes. The bill:

  • Expands the definition of “athlete agent” to include financial advisors, brokers and business services people who may contact student athletes.
  • Requires athlete agents to register with the Secretary of State, who is given authority to write rules to implement the Chapter.
  • Expands disclosure requirements for agents so that students and their parents know exactly who they are dealing with.
  • Strengthens the requirement that agents give notice of their involvement to education institutions.
  • Increases penalties for an agent who violates the law.
  • Enhances remedies available to the student-athlete and education institutions aggrieved by agent non-compliance.
    [3/3/17: 50-0]

 

SF 2098 updates the probate Code sections to reflect current practice using the electronic document management system. The bill:

  • Removes a reference to clerks keeping a “book” in which to record probate proceedings and removes a reference to a requirement for a written notation in a hard copy record of real estate transactions in probate. These records will be kept electronically.
  • Removes the ability of the clerks of court relating to probate matters:
  • To appoint personal representatives, guardians and conservators for minors, determine the amount of a bond, or waive or approve of bonds provided by fiduciaries in probate.
  • To admit wills to probate when not contested and make orders related to them, including orders for the issuance of commissions to take depositions.
  • To make orders in relation to the personal effects of a decedent where no objection is filed.
  • To approve petitions and reports in respect to the sale, mortgage, pledge, lease or exchange of property when notice has been waived by all persons.
  • Repeals Code section 633.72, which relates to notice to nonresident fiduciaries.
    [2/19: 49-0 (Absent: Sinclair)]

 

SF 2099 increases the size of what qualifies as a small estate for probate purposes from $100,000 to $200,000. If a personal representative files to convert the estate administration to or from a small estate based on assets, a court order is not required to make the change. The clerk will make the conversion when a personal representative’s statement is filed. The bill makes changes to the requirements for closing the estate by sworn statement, specifies what is necessary to close a small estate, and clarifies that clerks of court must close a small estate without a court order upon proof that the closing statement has been served and assets distributed. In the alternative, the clerk will close the small estate 60 days after filing of the closing statement and proof of service. The bill adds a definition of “probate assets” to the probate code. “Probate assets” means a decedent’s property subject to administration by a personal representative and requires attorneys for a small estate to clearly specify which assets are probate assets and their gross value. The section of the bill increasing the size of an estate that qualifies as a small estate is effective July 1, 2020. The remaining sections of the bill take effect July 1, 2018.
[3/28: 46-0 (Absent: Bertrand, Lykam, Zumbach; 1 vacancy)]

 

SF 2135 relates to the failure to wear a seatbelt that results in injuries suffered in a motor vehicle accident. Previously, if an individual is injured in a motor vehicle accident caused by another person, but it can be shown that the individual’s failure to wear a seatbelt or safety harness contributed to their injuries, the damages awarded to the injured individual in a civil suit may be reduced by up to 5 percent of any award. The bill increases the amount by which damages can be reduced up to 25 percent. There must be substantial evidence that failure to wear the seatbelt or safety harness contributed to the injury.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2139 comes from the Iowa State Bar Association and gives specific additional powers relating to real property if an agent (person given power over another’s financial matters) in a financial power of attorney is given general authority over a person’s interests in real property. If the power of attorney does not specifically restrict an agent’s power, the agent could relinquish any and all of the principal’s rights of dower, homestead and elective share. Dower is a spouse’s right to a portion of their deceased spouse’s real property. An elective share is the property that a surviving spouse can choose to receive contrary to a deceased spouse’s will. The bill is effective upon enactment.
[2/19: 49-0 (Absent: Sinclair)]

 

SF 2165 relates to the Victim Compensation Fund. Payments are made to victims of certain crimes for expenses incurred because of the crime. The fund is made up of criminal surcharge monies and other sources and has no impact on the General Fund. The bill:

  • Adds a definition of “survivor of a deceased victim” so that there is a consistent definition throughout the Code for providing compensation.
  • Adds the ability to receive compensation for loss of income incurred by a survivor of a deceased victim for a funeral, memorial or burial service.
  • Allows compensation for cleaning a crime scene, regardless of where the crime occurs. In the past, compensation was limited to cleaning a residence.
  • Provides for compensation for dependent care expenses when a survivor attends a funeral, burial or memorial service.
  • Provides for replacing or installing new locks and other residential security items.
  • Provides for additional compensation to a victim, a secondary victim or survivor for charges, expenses or loss of income if the expenses were not authorized at the time of the initial application for benefits.
  • Says a “new event” (e.g., a retrial, a change in offender custody status or a new appellate court decision) will allow for additional compensation.
    [3/6: 50-0]

 

SF 2175 is a Bar Association bill. It provides the courts with procedures for partitioning property when co-tenants disagree on the disposition of property owned by the co-tenants. The bill sets procedures for partition by sale and for partition in kind (i.e., dividing the property between all owners rather than selling it and dividing the proceeds). All partition procedures will be placed in Code Chapter 651. In the past, most procedures for partition were included in court rules. There are two distinct divisions in the bill: one provides procedures for all partitions; the other includes special provisions that apply only where real estate is heirs’ property as defined in the bill. To be considered heirs’ property, at least 20 percent must be owned by relatives. Per court rule, the courts have favored partition of property by sale; however, this bill provides a procedure when the property is heirs’ property and some of the heirs request a partition in kind, wanting to keep the property in the family.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2229 deletes archaic Code Section 572.3, which prohibits obtaining a mechanic’s lien when a person takes collateral security for performing  labor or supplying materials.
[2/21: 49-1 (No: Taylor; Absent: D. Johnson)]

 

SF 2230 adds kidnapping someone under the age of 18 to the definition of second-degree kidnapping. Previously, second-degree kidnapping occurred when the purpose was to hold the victim for ransom or when the kidnapper was armed with a dangerous weapon. Second-degree kidnapping is a “B” felony, punishable by up to 25 years in prison. If a judge or jury determines a second-degree kidnapping was sexually motivated, the kidnapper must register as a sex offender.
[2/27: 50-0]

 

SF 2235 is the “sabotage of critical infrastructure” bill, which creates a new crime relating to damaging critical infrastructure. The penalty is a “B” felony punishable by up to 25 years in prison and a fine of between $85,000 and $100,000. “Critical infrastructure sabotage” is defined as “an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure.” However, it does not include an accidental interruption or impairment of service caused by a person performing their work or caused by lawful activity. In addition, critical infrastructure sabotage does not include any condition or activity related to producing farm products as defined in section 554.9102, including, but not limited to, discharging agricultural storm water; constructing or using soil or water-quality conservation practices or structures; preparing agricultural land and raising, harvesting, drying or storing agricultural crops; applying fertilizer as defined in section 200.3, pesticides as defined in section 206.2 or manure  as defined in section 459.102; installing and using  agricultural drainage tile and systems; constructing, operating or managing an animal feeding operation as defined in section 459.102; and caring for, feeding or watering livestock.

These  categories are considered critical infrastructure:

  • Electrical infrastructure
  • Gas, oil, petroleum, refined petroleum products or chemical critical infrastructure
  • Telecommunications or broadband critical infrastructure
  • Wastewater critical infrastructure
  • Water supply critical infrastructure

The bill limits infrastructure in these categories to infrastructure used for generating, transmission, delivery, transportation, collection or storage systems. In addition, the bill includes in the definition any “land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure.”
[4/3: 35-13 (Yes: Republicans, Allen, Bowman, Danielson, Hart, Horn, Kinney, Mathis Ragan; Absent: Dawson; 1 vacancy)]

 

SF 2241 allows a parole officer to make a complaint to any magistrate in the judicial district where a parolee is being supervised if the parole officer believes a parolee has violated parole. If there is probable cause to believe the parolee has violated parole, the magistrate will issue a warrant for their arrest. In addition, the bill removes Code language that allows an individual to waive their parole-revocation hearing.
[3/12: 49-0 (1 vacancy)]

 

SF 2303 relates to deferred inheritance taxes when a person is given a life estate in a decedent’s property. At times when people die, they leave what is called a “life estate” to a survivor who may use the decedent’s property while the survivor is alive. An example would be the use of a home until the survivor’s death or for a number of years. After the survivor dies, the property is inherited by another person that the decedent named, generally in the decedent’s will. As a result, inheritance taxes are deferred until the death of the survivor with the life estate. This bill provides several methods for securing the inheritance taxes upon the death of the survivor with a life estate. According to the Bar Association, bonds to secure payment of the inheritance taxes are difficult to obtain. This bill is intended to help solve that issue. It adds that inheritance tax payment can be secured through an irrevocable payable-on-death or transfer-on-death account, payable to the Department of Revenue and approved by the Department of Revenue; or through an escrow agreement with the Department of Revenue with a private attorney acting as escrow agent holding the funds in the attorney’s trust account.
[3/5: 49-0 (Absent: Hart)]

 

SF 2314 makes technical changes to several Code Chapters relating to corporations. Some references were inadvertently omitted from previous legislation relating to corporate entities.

  • The changes to Chapter 9H relating to corporate farming ensure that all prior and current versions of Iowa’s Nonprofit Corporations Act are clearly referenced in the definition of “nonprofit corporation” relating to nonprofit corporations acquiring agricultural land.
  • The bill provides that in the case of a corporation organized under Code Chapter 491 – Corporations for Pecuniary Profit — a director’s “conflict of interest transaction” is subject to the same requirements as directors of a corporation organized under Code Chapter 490 – Business Corporations. It allows a director of a corporation organized under Chapter 491 to take advantage of a safe harbor provision known as the “business opportunity” exception, which applies to a director of a corporation organized under Chapter 490.
  • The bill also makes changes to Chapter 504, Iowa’s Revised Nonprofit Corporation Act, relating to standards of liability for directors.
    [3/5: 50-0]

 

SF 2321 removes the requirement that a person obtain a permit to carry a dangerous weapon if the weapon in question is a stun gun. A person carrying a Taser must still obtain a permit because  Tasers and stun guns are different weapons. Stun guns will continue to be considered dangerous weapons if used in the commission of a crime. A person under 18 is prohibited from carrying a stun gun.
[3/12: 49-0 (1 vacancy)]

 

SF 2378 removes the requirement for staggered terms for members of public corporation boards of directors.
[2/27: 50-0]

 

SJR 2007 establishes that the Legislature does not want to enforce federal law requiring drivers’ license suspensions for drug offenses because the law is an obstacle to mobility, employability and rehabilitation.

To obtain federal highway funding, Iowa must certify every year that it is complying with federal law requiring drivers’ license suspensions for drug offenses that have no relationship to driving. However, if a legislature passes a resolution indicating the state does not want to comply with the federal requirement and if the Governor submits a written certification to the U.S. Secretary of Transportation that the governor is also opposed to enforcing the requirement, the state can continue to receive its federal funding. Iowa has 5,000 license revocations for drug offenses each year. More than 350 people are arrested and charged with driving while suspended/revoked each year after having their license suspended or revoked for a drug offense.
[2/27: 50-0]

 

HF 2125 relates to distribution of property by affidavit. Under Iowa law, if a person dies owning $25,000 or less in personal property to be distributed to heirs, the property can be distributed through an affidavit, thus avoiding probate. This bill increases the amount of property that can be distributed by affidavit up to $50,000. In addition, the bill adds three requirements that must be included in the affidavit: (1) That no money is due Medicaid or, if due, Medicaid is to be paid; (2) That no inheritance taxes are due or, if due, will be paid; and (3) That creditors will be paid to the extent of funds received. Distribution by affidavit does not apply when real property is involved.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2199 updates criminal law relating to unauthorized use of scanning devices or encoding machines to obtain information encoded on a payment card. The update is intended to keep abreast of technology used to steal information from payment cards. Under the bill, if someone directly or indirectly uses a scanning device to access, read, obtain, memorize or store information encoded on a payment card without authorization, it is a “D” felony. In addition, it is a “D” felony if someone directly or indirectly uses an encoding machine to place information from a payment card onto a different payment card without authorization.

It will be an aggravated misdemeanor if a person possesses a scanning device with the intent to use it to obtain information encoded on a payment card without authorization, or possesses a scanning device with knowledge that a person other than an authorized user intends to use the scanning device to obtain information encoded on a payment card without authorization.
[3/1: 49-0 (Absent: Bertrand)]

 

HF 2232 provides one procedure for releasing and satisfying a mortgage in Chapter 655 – Satisfaction of Mortgages, removing Code language in Chapter 535B that provides another remedy to secure a release and satisfaction of a mortgage. Highlights include:

  • Clarifying that a mortgagee must acknowledge satisfaction in writing no more than 30 days after the mortgage is paid off.
  • If a revolving line of credit is secured through the mortgage, the mortgagee only must file a release and satisfaction upon payment in full, as long as the mortgagor makes a written request to the mortgagee that the mortgage be released.
  • If a mortgagee fails to discharge within 30 days of the request, the mortgagee is liable for all actual damages, plus reasonable attorney fees. The mortgagee is subject to a $500 penalty.
  • Adding a new Code section requested by the Bankers Association, which limits liability of a mortgagee if the mortgagee has reasonable procedures to achieve compliance with the requirements of filing mortgage releases; the mortgagee complied with the procedures in good faith; and the mortgagee was unable to comply with its obligations because of circumstances beyond its control.
    [3/21: 49-0 (1 vacancy)]

 

HF 2233 has two key parts. One relates to amending liens filed by subcontractors for work done on private construction projects. The other relates to retention funds required in public construction projects to be reserved until the end of the project to be available to subcontractors who have not been paid for their work.

Under the bill, a lien statement may be amended by the claimant without court involvement to decrease the amount demanded in the lien. This can be done through the mechanics’ notice and lien registry. A lien statement may only be amended by leave of court to further justice, and no lien statement can be amended to increase the amount demanded.

The bill also makes significant changes to Chapter 573 (labor and materials on public improvements) regarding who is entitled to make claims against a retainage and the requirements to make a claim. The bill requires a furnisher of labor, materials, service or transportation to a subcontractor on a public improvement project to provide a one-time notice in writing within 30 days of starting work or first supplying materials to the principal contractor, along with detailed contact information for the furnisher and subcontractor. However, the 30-day notice requirement will not apply to subcontractors working on highway, bridge or culvert projects. Any person making a claim against the retainage must provide a certified statement that the principal contractor received the required notice. Previously, there was no 30-day notice requirement on public improvement projects, and those who supplied labor, materials, service or transportation that have not been paid could make a claim against the retainage at the end of the project. Code section 26.13 (early release of retained funds in public construction projects) is deleted. The language is placed in Chapter 573 (labor and materials in public construction projects).
[3/27: 26-21, party line (No: Democrats, D. Johnson; Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2238 specifies that an insurer can be a victim for purposes of restitution if insurance fraud has been committed against the insurer. The bill clarifies that when an insurer pays a victim’s insurance claim, the insurer is not the victim and has no right of subrogation.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2255 makes it a crime to introduce contraband into or onto a community based correctional facility; convey contraband to anyone confined in a community based correctional facility; or knowingly make, obtain or possess contraband while confined in a community based correctional facility. Contraband includes, but is not limited to:

  • A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe or intoxicating beverage.
  • A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife or other cutting device, explosive or incendiary material, instrument, device or other material fashioned to be capable of inflicting death or injury.
  • Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.

Failure to report a known violation or attempted violation to a community based correctional officer or official is an aggravated misdemeanor. Possession of contraband that is a controlled substance or materials intended to facilitate escape is a “D” felony. Possession of contraband, such as a dangerous weapon, offensive weapon, stun gun or knife, is a “C” felony.
[3/13: 49-0 (1 vacancy)]

 

HF 2300 adds licensed mental health counselors and licensed social workers to the list of professionals who can form a professional limited liability company. In addition, the bill specifies that marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers will be considered professionals that can lawfully practice in partnership and form a professional limited liability company. The bill also adds marital and family therapy, mental health counseling and licensed social work to the list of professions permitted to form a professional corporation, and allows marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers to practice in combination as licensed individuals or as a partnership of licensed individuals in a professional corporation.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2318 creates a process for minors and those with a legal disability to redeem real property held in their name after it has been sold at a tax sale and the county treasurer has delivered the treasurer’s deed. Under Code section 447.7, a minor or person with a legal disability may redeem property sold at a tax sale at any time up until age 19 for minors or a year after the legal disability has expired. However, the Code section (447.8) that delineates how property sold at a tax sale is to be redeemed does not describe how minors or those with a legal disability who are the initial titleholders of the property are to redeem after the 90-day redemption period expires and the treasurer has issued the treasurer’s deed to the tax sale purchaser. This gap in the law has allowed some properties to remain with uncertain title for extended periods.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2338 allows persons subject to a hard suspension of driving privileges after operating a vehicle while intoxicated to apply for a temporary restricted license and avoid the hard suspension. To obtain a temporary restricted license, the applicant must install an ignition interlock device. In addition, the bill removes the limitations on driving that are imposed on those with temporary restricted licenses. Previously, a person with a temporary restricted license could only drive to and from home and specified places relating to employment, health care, education, substance abuse treatment, court-ordered community service, and parole and probation appointments. In addition, those with temporary restricted licenses who are participating in a sobriety and drug monitoring program (24/7) could drive to and from the drug monitoring appointments. Under the bill, first-time OWI offenders who test between .08 and .10 must install an ignition interlock device to obtain a temporary restricted license. Previously, they did not have to install an ignition interlock. The suspension of driving privileges for those with a commercial licenses or who drive school buses remains unchanged. Those who cause the death of another due to driving while intoxicated are still subject to a hard suspension of their driving privileges and cannot obtain a temporary restricted license for two years.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2342 prohibits the state from confiscating fish, furs, birds or animals, or mussels, clams or frogs seized because it was suspected that they were illegally possessed, taken, transported, etc., if the person suspected of and charged with illegal possession, etc., is not convicted. If there is no conviction, seized property must be returned within 30 days of a “not guilty” verdict, within 30 days of dismissal or within 30 days of the statute of limitations. However, no fish or wildlife can be returned if it is illegal to possess, including those taken, possessed or transported unlawfully.

“Convicted” means a finding of guilt, payment of a scheduled fine, plea of guilty, deferred judgment, deferred or suspended sentence or delinquency adjudication, or when no charge is filed because the person agrees to provide information about another person’s criminal activity.

In addition, the state may only condemn property seized as a public nuisance (e.g., property used to illegally capture, kill, etc., wildlife, such as illegally shooting a bald eagle with a gun) if the person from whom the property was seized is convicted. If there is no conviction, the property must be returned.

Previously, if property seized as a public nuisance was condemned pursuant to Chapter 483A, proceeds from the sale of the property go to the Fish and Game Protection Fund.

The Department of Natural Resources (DNR) will report to the Oversight Committees how much is deposited in the fund each year. In addition, the seizing public agency must adopt a policy for keeping detailed records on acquired property, the date it was acquired, how and when it was disposed, and financial records for property sold. Employees or family members of employees of the seizing agency cannot  purchase condemned property, including weapons. A purchaser at a sale of seized and confiscated property (held by the DNR) must sign a declaration that they are not an employee or a family member of an employee of the seizing agency.
[4/16: 30-18 (Yes: Republicans, Bowman, Kinney, Taylor; Absent: Bertrand, Zumbach)]

 

HF 2343 prohibits all state agencies from implementing or enforcing any standard, requirement or threshold unless it is clearly required or clearly permitted by statute, rule or federal law or regulation, or is required by a court ruling, a state or federal executive order or a state or federal directive that would result in the gain or loss of funding, or a federal waiver.
[3/20: 46-3 (No: Hogg, Petersen, Taylor; 1 vacancy)]

 

HF 2348 is the Non-Substantive Code Editor’s Bill, which makes minor, non-substantive and non-controversial changes to Iowa Code. The bill consists of 129 sections and includes 20 numerical updates, 26 terminology or name changes, 23 grammatical changes, five corrections of clerical errors, eight standardizations of Iowa Code and federal citations, and 84 updates to Code section style or format.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2381 relates to custody of juveniles who are sent to the State Training School for Boys in Eldora or another facility after committing a delinquent act. Previously, when a juvenile age 12 or above committed a forcible felony, a drug-related felony or a homicide, the court could transfer guardianship to the Iowa Department of Human Services for purposes of transferring the juvenile to the State Training School or another facility. The bill removes the court’s ability to transfer guardianship and inserts that the court may transfer custody of the juvenile to the Department of Human Services.
[4/5: 46-0 (Absent: Bertrand, Bisignano, Zumbach; 1 vacancy)]

 

HF 2392 relates to recording or intercepting communications. Previously, it was a serious misdemeanor to record or intercept a conversation without authority to do so. A person could only legally record or intercept a communication when the sender or recipient of a message or a person openly present and participating in or listening to a communication records the communication. In addition, the law allowed the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.

HF 2392 creates another exception allowing people to legally record or intercept communications. This exception is “use of a monitoring device,” which will allow people to listen to, record or intercept a conversation or communication by electronic or mechanical means, if the electronic or mechanical device is “placed outside a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.” These are seen as anti-theft and security devices, and the law specifies that the purpose of the monitoring device must be to detect or prevent criminal activity.

In addition, the bill amends Section 808B.2 under the Interception of Communications Chapter to authorize the owner or lessee of real property to intercept an oral communication when a surveillance system is placed in or on the real property owned or leased by the person, and the system is installed with the knowledge and consent of all lawful owners or lessees of the real property, and the surveillance system is used to detect or prevent criminal activity in or on property owned or in an area accessible to the public in the immediate vicinity of the property.
[3/20: 48-1 (No: McCoy; 1 vacancy)]

 

HF 2402 addresses instances when a person who has power of attorney regarding financial decision-making for another commits or is accused of committing dependent adult abuse of the person whose finances they control.

In a power of attorney governed by Chapter 633B, the person with authority to make financial decisions for another is called the agent. The person who has ceded their decision-making authority is the principal.

Under the legislation, an agent’s authority under a power of attorney automatically terminates if the agent commits dependent adult abuse of the principal per a dependent adult abuse report, or the agent is convicted of dependent adult abuse of the principal. Those who become aware of pending criminal charges of dependent adult abuse against an agent or become aware of an investigation of dependent adult abuse relating to the agent can file a petition with the court for review of the agent’s conduct.

The court can suspend an agent’s authority and appoint a guardian ad litem, who must be a practicing attorney, to represent the principal when someone petitions the court pursuant to pending criminal charges of dependent adult abuse or there is an investigation of potential dependent adult abuse.
[3/27: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2404 relates to restitution under criminal law for a felony that caused the death of another person. Under Code section 910.3B, the offender must pay $150,000 to the victim’s heirs or the victim’s estate. This bill ensures any restitution required under 910.3B will not be reduced by a third-party payment, including an insurance payment, unless the offender is covered by the insurance.
[4/3: 48-0 (Absent: Dawson; 1 vacancy)]

 

HF 2443 relates to the delinquency jurisdiction of juvenile court and the confidentiality and disclosure of certain juvenile court records. The bill:

  • Expands the definition of a delinquent act to include trespass violations.
  • Provides that a hearing for a child alleged to have committed a delinquent act must be held within two working days of the child’s admission to a shelter care facility and within one working day of admission to a detention facility. Previously, the law required that hearings be held within 48 hours and 24 hours respectively.
  • Creates a new Code section requiring official juvenile court records, except those alleging delinquency, to be confidential and not accessible as public records. However, such confidential records must be disclosed without a court order to judges and professional court staff, the child and the child’s counsel, the child’s parent, guardian ad litem and members of a reviewing child advocacy board or a local citizen foster care review board, county attorney or designees, and other entities and individuals whose duties require access to the information.
  • Expands the list of those who may receive juvenile court records online or in an electronic customized data report prior to delinquency adjudication when the records pertain to an act that would be a forcible felony if committed by an adult. This includes those operating a juvenile diversion program. Those operating a juvenile diversion program may also receive police reports and related information that assist in the operation of the juvenile detention program.
  • Provides that rules for maintaining or destroying sealed juvenile records will be prescribed by the state court administrator.
  • Requires the district court to dismiss charges and the clerk to seal any records if the charges were erroneously filed in district court, and juvenile court has exclusive jurisdiction.
  • Requires records for cases that were initially filed in district court but transferred to juvenile court be sealed after they have been forwarded to the juvenile court.
  • Provides that, without an order making juvenile court records public, the Department of Public Safety must not release the records.
    [4/16: 48-0 (Absent: Bertrand, Zumbach)]

 

HF 2457 is the substantive Code Editor’s Bill, which adjusts language reflecting current practices or changes made through past legislation; corrects manifest errors; clarifies ambiguities; eliminates conflicts; and deletes obsolete or temporary provisions.
[3/6: 50-0]

 

HJR 2009 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. In addition, the resolution states that “(t)he sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.
[3/21: 34-15 (Yes: Republicans, Allen, Bowman, Horn, D. Johnson, Kinney, Taylor; 1 vacancy)]

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