1996 SUMMARY OF LEGISLATION

COURTS, CIVIL LAW & PROCEDURE, & PROBATE

COURTS, CIVIL LAW & PROCEDURE, & PROBATE LEGISLATION

SENATE FILE 13 - Notification Requirements and Decision-Making Assistance Program Regarding Pregnant Minors (full text of bill)

BY SZYMONIAK, BARTZ, KRAMER, AND MURPHY. This Act establishes a Prospective Minor Parents Decision-Making Assistance Program and includes requirements relating to notification of a parent of a pregnant minor prior to the performance of an abortion on the pregnant minor.
The decision-making assistance program established in the Act includes a video to be offered to a pregnant minor during the initial appointment of a pregnant minor with a licensed physician to provide information regarding the options available to a pregnant minor with regard to the minor's pregnancy. The video and the accompanying written decision-making materials provide information regarding the decision to continue the pregnancy to term and retain parental rights, placing the child for adoption, and terminating the pregnancy through abortion. The video and materials are available through the offices of the Iowa Department of Public Health, the Department of Human Services, the Judicial Department, and through the offices of licensed physicians who provide abortions. The video is also available to other persons upon request.
Following the offering of the video and written materials, the pregnant minor is to sign a form certifying that the pregnant minor was offered the video and the materials. A copy of the certification form is to be retained by the attending physician and a copy of the certification form is to be provided to the pregnant minor. The pregnant minor is encouraged to select a responsible adult (a person 18 years of age or older who is not associated with an abortion provider) to accompany the pregnant minor during the decision-making program and at the pregnant minor's discretion, to also involve the person responsible for impregnating the minor, in the program.
Following the offering of the video and materials, if the pregnant minor decides to terminate the pregnancy through abortion, the Act requires the attending physician to notify one parent of the pregnant minor by restricted certified mail of the pregnant minor's decision at least 48 hours prior to the abortion. If the pregnant minor objects to the notification, the pregnant minor may petition the juvenile court to authorize waiver of the notification requirement. Following a hearing on the petition, the court may issue an order for waiver if the court finds that either the pregnant minor is mature and capable of providing informed consent for the abortion or that the pregnant minor is not mature or does not claim to be mature but that notification is not in the best interest of the pregnant minor. The Act specifies the components of the court proceeding, including that the pregnant minor is to be provided assistance in the proceedings; that these proceedings take precedence over other matters before the court; that an expedited, confidential appeal is to be provided to the pregnant minor; that the pregnant minor is not required to pay a fee at any level of the proceedings; and that if the court denies the petition for waiver of notification and if the decision is not appealed or if all appeals are exhausted, at the request of the pregnant minor, the court will appoint a marital and family therapist to assist the pregnant minor in addressing any intrafamilial problems. The Act also provides for exemptions from the notification requirements, including if the abortion is authorized in writing by a parent entitled to notification, if the pregnant minor submits a written statement to the attending physician providing a reason for not notifying a parent and instead notifying a grandparent or aunt or uncle (over 25 years of age) of the pregnant minor, a medical emergency exists as certified by the attending physician, or the pregnant minor declares herself to be a victim of child abuse or sexual abuse. The Act also provides for an alternative procedure if an attending physician certifies that a medical emergency exists and an abortion is performed on a pregnant minor prior to the required notification of a parent.
The Act establishes that a person who performs an abortion on a pregnant minor in violation of the Act is guilty of a serious misdemeanor.
The Act establishes a Prospective Minor Parents Program Advisory Committee, consisting of a variety of individuals with interests relating to pregnancy and including two state senators and two state representatives to develop criteria for the selection of a person to develop the video, to develop criteria for the information to be included in the video, to develop a process and provide for the distribution of the video and develop confidentiality requirements relating to the video, to promote use of the video and decision-making materials, to provide ongoing evaluation of the program, to receive input from the public regarding the program, and to seek private funding to accept gifts, grants and donations for implementation and continuation of the program. The Act directs the committee to attempt to complete and distribute the video not later than January 1, 1997, and to submit a progress report to the General Assembly on or before January 8, 1997. Senate File 2470 (see Appropriations) appropriates $200,000 for costs to develop the video and other materials.
The Act establishes that a person who knowingly tenders a false original or copy of the certification form or who knowingly tenders a false original or copy of the notification document or order waiving notification is guilty of a fraudulent practice in the fourth degree, which is a serious misdemeanor.
The Act provides that, with the exception of civil liability which may apply to a grandparent or aunt or uncle of a pregnant minor who accepts notification, a person is immune from any civil or criminal liability for any act, omission or decision made in connection with a good faith effort to comply with the Act, but does not provide immunity for an act, omission or decision made in relation to the performance of a medical procedure on a pregnant minor.
The Act directs the Iowa Department of Public Health to adopt rules to implement the notification procedures and directs the department to provide administrative support to the advisory committee.
The Act establishes that the juvenile court has exclusive jurisdiction over the proceedings for judicial waiver of notification.
The portion of the Act establishing the advisory committee takes effect March 22, 1996. The Act directs that members be appointed to the advisory committee within 60 days of the enactment date and permits the committee to begin performing its duties prior to the official commencement of the terms of the members. The Act provides that if the advisory committee has completed its duties regarding the development and distribution of the video prior to January 1, 1997, the remainder of the Act takes effect on January 1, 1997, and if these duties are not completed, the remainder of the Act, exclusive of the establishment of the advisory committee and the provisions relating to the development, distribution and offering of the video and decision-making materials, takes effect January 1, 1997.
The Act provides that the section establishing the advisory committee is repealed January 1, 1999, or two years following distribution of the video, whichever is later.
The Act originally included requirements relating to the notification of a parent prior to the termination of parental rights of a pregnant minor and relating to the decision of a pregnant minor to terminate parental rights and place the child for adoption. House File 2050 (see Children & Youth) eliminated these requirements and replaced these provisions with a requirement that if a petition for termination of parental rights of a pregnant minor or a minor who has given birth is filed, notice of the termination hearing is to be served upon a custodial parent or a legal guardian or custodian of the pregnant minor, for the purposes only of notification, and does not confer any additional rights on the custodial parent or legal guardian or custodian. Notice may be waived if the court determines that the pregnant minor or minor who has given birth is capable of providing consent to the termination of parental rights, that notification is not in the best interest of the pregnant minor or minor who has given birth or of the minor child, or that other good cause exists for waiver of the notice. Failure to provide notice does not constitute good cause for the purposes of revocation of a release of custody and is not grounds for denial, modification, vacation, or appeal of a termination of parental rights order or of an interlocutory or final adoption decree.

SENATE FILE 482 - Economic and Other Penalties for Criminal Activity (full text of bill)

BY HORN AND RIFE. This Act creates new Chapter 809A, the Iowa Forfeiture Reform Act; new Chapter 706A, the Ongoing Criminal Conduct Act; new Chapter 706B, the Iowa Money Laundering Act; and new Chapter 529, the Iowa Financial Transaction Reporting Act.
Chapter 529, the Iowa Financial Transaction Reporting Act, does the following:

• 1. Parallels current federal transaction reporting requirements for identifying who must make reports, the contents of the reports, and the circumstances that trigger the obligation to report.
• 2. Designs the reports to provide data from which law enforcement may make general resource decisions, to improve geographic and business sector targeting, to focus on specific individuals and businesses, and to assist in the proof of cases under investigation. The reports required under Chapter 529 are:
  • a. Currency and Foreign Transactions Reporting Act Reports. These requirements apply only to money transmitters and only impose a duty to report if the transmitter is required to file under the Federal Currency and Foreign Transactions Reporting Act and the relevant federal regulations.
  • b. Reports of Receipt of Cash in a Trade or Business. All persons (not just money transmitters) engaged in a trade or business who must file certain reports pursuant to federal law and regulation must file a report of transactions relating to cash received. The information required in the report is the information contained in the federal IRS Form 8300 and required by federal regulations.
  • c. $3,000 Logs. All money transmitters who are required by federal law to keep so-called "$3,000 logs" must also keep them for the Department of Public Safety as well. The logs must be available for inspection at any time.

Chapter 706A, the Ongoing Criminal Conduct Act, does the following:

• 1. Creates the following five violations, each a type of economic crime or facilitation of economic crime:
  • a. The infiltration of legitimate commerce through investment of illegal proceeds, the control of an enterprise through crime itself (as by an extortionate takeover), and conducting an enterprise through specified unlawful activity.
  • b. The knowing facilitation of a criminal network by engaging in subsidiary crimes, such as obstruction of justice, extortion, facilitation of the network by providing property or services (other than legal services), and fraud.
  • c. Money laundering, by reference to the Iowa Money Laundering Act, Chapter 706B.
  • d. Commission of certain specified unlawful acts committed for financial gain on an ongoing basis.
  • e. The negligent facilitation of specified unlawful activity that proximately results in financial gain. The Act provides only civil remedies for this violation, fixing limited financial responsibility in the nature of a tort remedy.
• 2. Creates special civil remedies for violations, including private treble damages actions, actions by the state to obtain damages on behalf of the citizens of the state, and injunctive relief.
• 3. Defines the scope of civil liability to assure protection of legal entities and to clarify the measure of damages and statutory liability for the acts of joint ventures and other persons acting in concert.

Chapter 706B, the Iowa Money Laundering Act, does the following:

• 1. Guides the application of financial remedies and allows reciprocal agreements encouraging interstate cooperation and uniformity through special purpose and uniformity sections.
• 2. Creates the following four violations:
  • a. Knowingly dealing in the proceeds of unlawful activity.
  • b. Making property available to another for the purpose of furthering specified unlawful activity.
  • c. Knowingly conducting transactions that conceal or disguise illegal proceeds or avoid transaction reporting requirements.
  • d. Engaging in money laundering as a business. This violation carries with it an enhanced penalty.
• 3. Imposes a civil treble damages sanction in addition to criminal penalties to deter individuals who provide services to the drug industry for profit.
• 4. Provides that money laundering is conduct giving rise to forfeiture, and for integration with new Chapter 809A.

Chapter 809A, the Iowa Forfeiture Reform Act, replaces the forfeiture provisions of Chapter 809 and does the following:

• 1. Provides civil procedures so the state can obtain a personal forfeiture judgment against an offender which can be satisfied from in-state or out-of-state assets.
• 2. Defines conduct triggering forfeiture to include: (a) any criminal act punishable as a felony or as a serious or aggravated misdemeanor, (b) out-of-state conduct that would have been a triggering offense if committed in the state initiating the forfeiture action, and (c) conduct committed in furtherance of a triggering offense.
• 3. Defines forfeitable property to include: (a) real or personal property furnished or intended to be furnished in exchange for the unlawful conduct, or property used or intended to be used, to facilitate the illegal activity (however, the Act excludes real property from forfeiture in simple drug possession cases and requires personal property used to facilitate simple drug possession to be forfeited in a civil in personam action), (b) proceeds derived from illegal activity, (c) enterprise interests, which are interests affording a source of influence over an enterprise established, controlled or participated in through illegal activity (e.g., corporate stocks), and (d) substitute assets, if the original forfeitable property is subject to an exempt interest or otherwise unavailable. The substitute asset is forfeitable up to the value of the property owned or possessed for the purpose of facilitating illegal activity or that is the proceeds of illegal activity or for which the wrongdoer is criminally responsible. In addition, a seizure warrant is required to seize a substitute asset.
• 4. Creates presumptions that property is forfeitable if it was acquired during a person's conduct giving rise to forfeiture or within a reasonable time thereafter and there is no other likely source for the property or money or a negotiable instrument found in close proximity to contraband, or if an instrumentality is proceeds of, or was used or intended to be used to further, conduct giving rise to forfeiture.
• 5. Exempts property or an interest in property from forfeiture if:
  • a. The owner or interest holder:
    • 1) Obtained the interest prior to or during the illegal activity without knowledge or reason to know of the illegal activity or its likelihood of occurrence; or
    • 2) Obtained the interest prior to or during the illegal activity with knowledge, or reason to know of the offense or its likelihood of occurrence, but took reasonable steps to prevent the offense (e.g., notification of authorities or cancellation of a lease); or
    • 3) Purchased the interest in good faith and without knowledge of the unlawful conduct; and
  • b. The owner or interest holder:
    • 1) Is not criminally responsible for the wrongdoer's conduct (e.g., not a co-conspirator); and
    • 2) Was not in a relationship with the wrongdoer that permitted the wrongdoer to convey the property to a good faith purchaser for value; and
    • 3) Had no notice of the seizure or reason to believe the property was forfeitable.
• 6. Allows release of seized property if the state deems retention unnecessary (e.g., because a case is weak or forfeiture would not serve justice).
• 7. Allows an owner or interest holder to file a petition with the prosecuting attorney requesting recognition of an exempt interest. If the prosecuting attorney denies the request, the petitioner has recourse to the courts in the judicial forfeiture proceedings initiated by the prosecuting attorney or by filing a motion for an order to show cause, which may result in an expedited hearing on the matter.
• 8. Permits interlocutory sale, lease or operation by interest holders with an uncontroverted or presumptively legitimate interest when property will be foreclosed or significantly reduced in value before final judgment. If the property is sold, the proceeds are used to pay sale costs and satisfy exempt interests. Any remaining balance is deposited into an interest-bearing account and becomes the subject of the litigation.
• 9. Permits the filing of a lien or constructive seizure (posting notice) to establish the state's interest and avoid unnecessarily displacing residents.
• 10. Requires an adversarial judicial finding of probable cause to evict residents, except in emergencies.
• 11. Releases property to an owner or interest holder pending final judgment if the state fails to file judicial proceedings within specified time limits, the owner posts a bond or cash equal to the fair market value of the property (the bond or cash is forfeited in lieu of the property), or the court finds no probable cause for the forfeiture of the property in an expedited hearing on that issue (the hearing is available upon application by an owner or interest holder).
• 12. Authorizes states to enter into a custodian agreement with an owner or interest holder to maintain the property pending final judgment.
• 13. Authorizes the court to create a receivership or appoint a conservator, custodian or trustee to preserve the property's value.
• 14. Permits the deposit of seized moneys or negotiable instruments into an interest-bearing account.
• 15. Allows an interlocutory sale by interest holders with uncontroverted or presumptively legitimate interests to avoid spoilage or waste of perishable assets.
• 16. Provides the state's title to forfeited property is vested from the time of the commission of the conduct giving rise to the forfeiture, and explicitly excludes exempted property from application of the relation back doctrine.
• 17. Designates as a constructive trustee for the benefit of the state anyone receiving nonexempt property which is subject to forfeiture.
• 18. Requires a trustee with notice of the forfeiture action to provide the state with specified information about the person for whose benefit the forfeitable property is held.
• 19. Authorizes the state, in uncontested cases, to declare the forfeiture of personal property of a value up to $5,000.
• 20. Provides probable cause is the state's burden of proof in unopposed cases requiring a judicial order so the state can summarize its evidence.
• 21. Provides that forfeited property (except controlled substances, weapons and certain other property) may be used by the Department of Justice or state or local law enforcement agencies, sold or destroyed.
• 22. Requires the Attorney General to adopt rules to implement the chapter.

This Act also makes conforming amendments to several chapters.

SENATE FILE 2155 - Municipal Infractions -- Jurisdictional Amount (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act amends the jurisdictional amount for municipal infractions heard in the manner of small claims by magistrates and judges in order to make it consistent with the current jurisdictional amount for small claims actions of $4,000. Civil penalties assessed above that amount would be heard by a judge in district court. The change will also now permit automatic adjustment of the municipal infraction jurisdictional amount each time the jurisdictional amount for small claims actions in Section 631.1 is adjusted.

SENATE FILE 2207 - Juror and Witness Fees and Expenses (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act relates to the reimbursement of jurors and witnesses for transportation and mileage expenses.
The Act defines "disabled" as a person who is not physically able to operate a motor vehicle or use public transportation without assistance due to a physical disability. The Act provides that a juror who is disabled may receive reimbursement for the costs of alternate transportation from the disabled juror's residence to the place of the jury service or attendance. Existing law provides only reimbursement for mileage and parking expenses.
The Act provides that jurors or witnesses may receive reimbursement for mileage expenses for each mile traveled in an amount that does not exceed a maximum to be established by the Supreme Court.

SENATE FILE 2252 - District Associate Judges -- Number and Apportionment

BY COMMITTEE ON JUDICIARY. This Act provides that a county shall not lose a district associate judge assigned to that county solely based on a reduction in the county's population. Under current law, counties are permitted a certain number of district associate judges based on the population of the county according to the most recent census.
The Act takes effect April 8, 1996.

SENATE FILE 2265 - Domestic Relations -- Miscellaneous Provisions (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act relates to domestic relations proceedings by providing for mediation and participation in certain courses. The Act directs the court to determine, in each domestic relations proceeding or modification of any order relating to those proceedings, if the parties should participate in mediation to attempt to resolve differences between the parties. Exceptions to the determination are if a history of domestic abuse exists, if direct physical harm or significant emotional harm to a child, children or a parent is likely to result, or if the action involves a child support or medical support obligation enforced by the Child Support Recovery Unit of the Department of Human Services. Mediation may be ordered by the court at any time prior to the entering of a final order or the granting of a final decree.
The Act also requires a party to any action involving the issues of child custody or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding. The parties must participate within 45 days of the services of notice and petition for the action or of the services of notice and application for modification of an order. A party is responsible for arranging for participation in and payment for the course, and must submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order. Each judicial district is directed to certify approved courses. Additionally, the Act permits the court to require age-appropriate counseling for children who are involved in a dissolution of marriage action, and the costs of counseling are taxed as court costs. The Supreme Court may prescribe rules to implement these provisions. The portion of the Act relating to participation in the mandatory course takes effect January 1, 1997.

SENATE FILE 2305 - Purchase Money Mortgages (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act provides rights, in addition to those found at common law, for holders of purchase money mortgages. The Act provides that where more than one purchase money mortgage against a purchaser exists, the first to be recorded has priority. The Act also provides that the protection afforded through purchase money mortgages is limited to the purchase amount and related costs. In addition, the Act provides that the failure to provide notice that a mortgage is a purchase money mortgage does not prevent the mortgage from being a purchase money mortgage if it otherwise meets the requirements for a purchase money mortgage.
The Act is retroactively applicable to purchase money mortgages taken or retained on or after July 1, 1995.

SENATE FILE 2372 - Landlords and Tenants (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes changes regarding termination of rental agreements, the definition of notice, and notice provisions for actions to recover property in Chapter 562A, the Uniform Residential Landlord and Tenant Act; Chapter 562B, the Mobile Home Parks Residential Landlord and Tenant Act; and Chapter 631, Small Claims and Forcible Entry and Detention Actions.
The Act provides that, for purposes of Chapters 562A and 562B, a person receives notice when it comes to the person's attention and, in the case of a landlord, the landlord receives notice if it is delivered in person or mailed by certified or restricted certified mail to the landlord's place of business or the landlord's agent. A tenant may also receive notice by certified mail or restricted certified mail.
The Act also provides that the notice of termination of a rental agreement for failure to pay rent after written notice may be provided by personal service or by mail. This applies in both residential and mobile home rental situations under Chapters 562A and 562B.
The Act also provides that, in actions for forcible entry and detention under Chapter 631, service by posting and mail may be made after two attempts at personal service of notice which may be made on the same day. Currently, three attempts at personal service are required and the Code is silent regarding whether the attempts can be made the same day. The Act requires notice to be sent by certified mail and allows service to be deemed complete upon the filing of affidavits regarding service by posting and mail, regardless of whether the defendant signs a receipt for the notice.

SENATE FILE 2375 - Confinement Feeding Operations -- Nuisance Defense (full text of bill)

BY COMMITTEE ON JUDICIARY. The Act amends Section 657.11, which provides that there is a rebuttable presumption that an animal feeding operation is not a public or private nuisance if the animal feeding operation operates in compliance with the law. This Act provides that the rebuttable presumption does not apply to a person classified as a chronic violator. A person is classified as a chronic violator if the person has committed three or more violations as described in the Act prior to, on or after July 1, 1996. The violations relate to the construction or operation of a confinement feeding operation, including the storage and disposal of manure from the operation. In addition, to be classified as a chronic violator, the person must have been subject to either the assessment of a civil penalty by the Department of Natural Resources or the Environmental Protection Commission in an amount equal to $3,000 or more, or a court order or judgment based on a referral to the Attorney General from the department or commission. The assessment, court order or judgment must have occurred five years prior to the date of the latest violation.

SENATE FILE 2385 - State Judicial Nominating Commissions - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON JUDICIARY. This bill would have provided that, for the purpose of electing and appointing state judicial nominating commissioners from each of Iowa's congressional districts, the number of districts shall be that number established after the most recent federal decennial census and described in Chapter 40 of the Code of Iowa. Currently, one commissioner in each of the seven congressional districts is appointed by the Governor and one is elected by the resident members of the bar in that district.
The bill would have taken effect immediately upon enactment and would have applied to commissioners elected or appointed before that date and on or after that date. Transition provisions were provided to change the composition of the current commission from 14 commissioners to 10, effective May 1, 1996, while maintaining staggered terms and gender balance for both appointive and elective commissioners.

SENATE FILE 2396 - Exemptions From Execution -- Residential Deposits and Prepaid Rent (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act adds to the list of property a debtor may hold exempt from execution, residential and utility security deposits and prepaid rent, not to exceed $500 in the aggregate. However, the debtor cannot claim these exemptions against a landlord or utility company for sums held under a rental agreement or for utility services.
Although bankruptcy is a federal action, the property that may be listed as exempt is controlled by state law. Under this Act if a debtor lists such deposits or prepaid rent as exempt property, the bankruptcy trustee cannot force the debtor to turn over such deposits or the cash equivalent, nor can the trustee directly collect the security deposits or prepaid rent from the landlord or utility for use as part of the bankruptcy estate.

SENATE FILE 2405 - Court Records -- Miscellaneous Provisions (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act provides that copies of orders entered in civil domestic abuse cases can be distributed without the copies being certified. The Act also eliminates the requirement that the clerk of court deliver a written copy of these orders to all law enforcement agencies, and the 24-hour dispatcher for the agencies, having jurisdiction over the matter. The clerk is still required to electronically notify the county sheriff and the sheriff's 24-hour dispatcher in writing.
The Act also provides for the inclusion of electronic digital formatting to the list of authorized methods of reproducing court records. The Supreme Court is required to adopt rules to monitor the accessibility of these electronic records.
The Act also permits the clerks of court to dispose of justice of the peace records and to dispose of court reporter notes and transcripts for mental health and substance abuse proceedings.

SENATE FILE 2413 - Judicial Administration -- Miscellaneous Provisions (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act amends various provisions relating to judicial officers and judicial administration.
The Act expands the definition of "judicial officer" to include an associate juvenile judge and an associate probate judge.
The Act authorizes the chief judge of a judicial district to appoint from among the other judicial officers of the judicial district, excluding the magistrates, one or more assistants to serve throughout the judicial district. Existing law requires an assistant of the chief judge to be a district judge. This change authorizes a district associate judge, an associate juvenile judge, or an associate probate judge of the district to serve as such an assistant.
The Act authorizes the judicial officers within a judicial district, excluding the magistrates, to convene as an administrative body to address various judicial matters and duties. Existing law authorizes only district judges to convene as such an administrative body. This change authorizes a district associate judge, an associate juvenile judge, or an associate probate judge of the district to convene as a part of such an administrative body.
The Act provides that the mandatory retirement age is 72 for all associate juvenile judges and associate probate judges, but does not apply to an associate juvenile judge or associate probate judge who is 72 years of age or older on July 1, 1996.
The Act provides that a chief judge may assign a magistrate to hold court outside of the county of the magistrate's residence for the orderly administration of justice.
The Act authorizes the judicial officers of a judicial district, excluding the magistrates, to prescribe rules for probate actions and proceedings within the district. Existing law authorizes only district judges to prescribe rules for such probate actions and proceedings. This change authorizes a district associate judge, an associate juvenile judge, or an associate probate judge of the district to participate in prescribing rules for probate actions and proceedings.

HOUSE FILE 2081 - Legalization of Defective Notarial Acts (full text of bill)

BY MERTZ. This Act provides that a defective notarial act completed more than 10 years earlier is valid, legal and binding as if the instrument had been properly acknowledged.

HOUSE FILE 2150 - Grandparent Visitation Rights (full text of bill)

BY CONNORS. This Act provides for the granting of visitation to the grandparents of a child for whom a parent of the child unreasonably refuses to allow visitation or who unreasonably restricts visitation by the grandparent. The granting of visitation by a grandparent is subject to a determination by the court that the visitation is in the best interests of the child and that the grandparent had established a substantial relationship with the child prior to the filing of a petition seeking visitation.

HOUSE FILE 2365 - Investments by Fiduciaries (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act creates a new Section 633.123A, which provides that all fiduciaries may invest and reinvest in open-end and closed-end management investment companies and investment trusts registered under the federal Investment Company Act of 1940 so long as the portfolio of such investment company or investment trust consists substantially of investments not otherwise prohibited by the Model Prudent Person Investment Act or by the governing instrument. Currently, the authority to make these investments is provided in the Model Prudent Person Investment Act and is limited to fiduciaries acting under the jurisdiction of the court.

HOUSE FILE 2429 - Indigent Defense -- Duties of Public Defenders (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act primarily returns the Code provisions concerning indigent defendants and public defenders to the language in the Code prior to July 1, 1995. Most of the statutory language in this Act was adopted in 1991 Iowa Acts, Chapter 268. That Act provided for the repeal of the language on July 1, 1995, and required the Code Editor to return the language as it had appeared in the 1991 Code. Due to this directive to the Code Editor, the Act also restores intervening amendments to the sections since the enactment of the 1991 legislation.
The Act requires the State Public Defender to coordinate the representation of all indigents and to designate the local public defender office that will take cases in a county served by a public defender.
The Act permits the State Public Defender to review claims for payment of indigent defense costs by a noncontract or contract attorney and if the State Public Defender believes the costs to be excessive, to request a review before the relevant court to consider the costs. The Act allows the State Public Defender to contract with county attorneys to recover court-ordered attorney fees awarded.
The Act provides for the appointment of a contract or noncontract attorney for representation of indigent clients when the public defender is unable to represent the clients.
The Act also permits a court to appoint a nonprofit corporation, established to provide representation to juveniles, to represent an indigent juvenile.
The Act does not restore language providing for the Indigent Defense Advisory Commission. In addition, the Act strikes a provision that provides for court-appointed counsel to be taxed as court costs against a person who desires legal assistance and is not indigent, but refuses to employ an attorney.
The Act takes effect April 2, 1996, and is retroactively applicable to July 1, 1995.

HOUSE FILE 2458 - Indigent Defense, Criminal Sanctions, and Related Matters (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act concerns various aspects of criminal and juvenile justice, including criminal corrections sanctions, the right to appointed counsel or a public defender, and recovery of certain defense costs, and provides for a study on the legal representation of indigents.
The Act provides that an incarcerated parent without legal custody of a child does not have the right to counsel in child in need of assistance proceedings.
The Act also provides that reasonable compensation awarded a noncontracting attorney who is appointed to represent a defendant shall not exceed the hourly rate which would have been awarded an attorney under contract with the State Public Defender to represent indigents.
The Act provides that a person shall not be considered indigent or partially indigent if their income is greater than 200 percent of the poverty level unless a person is charged with a felony and the court finds that not appointing counsel would cause a substantial hardship.
Changes to Section 815.9A provide that costs for indigent defense are payable by the indigent and shall be entered as a judgment against the indigent when due. The changes also provide that for persons receiving services whose income is between 150 percent and 185 percent of the poverty level, at least $200 shall be recovered pursuant to rules adopted by the public defender; for persons whose income is between 185 percent and 200 percent of the poverty level, at least $300 shall be recovered pursuant to rules adopted by the public defender.
The changes to Section 910.2 provide that if a court orders community service instead of restitution under Section 910.2 concerning the costs of an indigent's defense, the value of the number of hours of community service ordered shall be approximately equivalent to the costs of the defense. This portion of the Act also provides that simple misdemeanors under Chapter 321, Motor Vehicles and Law of the Road, are subject to this requirement relating to payment of restitution.
The Act provides that an individual given a deferred or suspended sentence may be placed in an intermediate criminal sanctions program through a judicial district department of correctional services in addition to the current dispositions available to the court.
The Act authorizes each judicial district to adopt an intermediate criminal sanctions plan before the judicial district department of correctional services may implement an intermediate criminal sanctions program. A program shall consist of two levels of sanctions and services, extensive supervision, and short-term confinement in secure residential treatment facilities.
A judicial district department of correctional services operating an intermediate criminal sanctions program has the authority to move an individual in the program to different levels of sanctions or services based on the judicial district department's assessment of the individual's needs.
The Act also provides that a court may suspend the sentence of an individual, place the individual on probation, and then assign the individual to the judicial district department of correctional services for placement in an intermediate criminal sanctions program.
The Act eliminates the requirement that a court enter a separate civil judgment after entry of the order of restitution when an offender's sentence has expired and the restitution plan has not been fully complied with by the offender.
The Act requests the establishment of a legislative interim study committee to study issues concerning the legal representation of indigents and to submit a report of its findings to the General Assembly.
The Act also provides that criminal intelligence data maintained by the Department of Public Safety and peace officer investigative reports shall not be included in the data the Division of Criminal and Juvenile Justice Planning is granted access to or is to maintain for statistical purposes.

HOUSE FILE 2500 - Uneconomical Testamentary Trusts (full text of bill)

BY COMMITTEE ON WAYS & MEANS. This Act adds a new section to the Iowa Probate Code, permitting a court to modify or terminate a testamentary trust upon petition by a beneficiary or a trustee, and after notice to all interested parties, when the value of the trust has become so low in comparison to the administration costs that it impairs the purpose of the trust.

RELATED LEGISLATION

SENATE FILE 284 - Forgery and Related Matters (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act creates criminal and civil penalties for persons who possess, or employers who hire or continue to employ persons knowing that the persons possess, forged documents relating to the person's entry into or as evidence of authorized stay or employment in the United States.

SENATE FILE 2085 - Handicapped Parking (Complete summary under TRANSPORTATION.)

This Act provides for a $300 civil penalty for a person, including a physician or chiropractor, who provides false information with the intent to defraud on the statement used to establish that a person is handicapped. It also increases the fine for improper use of a handicapped parking permit from $50 to $100.

SENATE FILE 2101 - Burial Trust Funds (Complete summary under HUMAN SERVICES.)

This Act relates to the disbursement of funds remaining in a nonguaranteed irrevocable burial trust fund of a decedent who was a recipient of Medical Assistance (Medicaid).

SENATE FILE 2269 - Domestic Abuse (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act requires the county attorney to prosecute misdemeanors under Chapter 236, the Domestic Abuse Act, and allows district associate judges to order a temporary or emergency order of protection under Chapter 236.

SENATE FILE 2303 - Medical Assistance (Complete summary under HUMAN SERVICES.)

This Act makes several changes related to the Medical Assistance (Medicaid) Program including requiring a personal representative or the executor of an estate of a Medical Assistance recipient, whose estate is subject to recovery under the Medical Assistance Program, to make distribution of the estate to the Department of Human Services prior to distributions to others who have lower priority claims to assets under the classification of the debts and charges section of the Code. A personal representative or executor who does not comply with the requirement may be held personally liable for the amount of Medical Assistance owed.

SENATE FILE 2324 - Miscellaneous Public Assistance Provisions and Related Matters (Complete summary under HUMAN SERVICES.)

This Act makes numerous changes to public assistance and includes a provision authorizing the court to order minor child support obligors to attend parenting classes under certain circumstances

SENATE FILE 2344 - Child Support Enforcement (Complete summary under HUMAN SERVICES.)

This Act includes a number of provisions relating to child support enforcement, including those relating to administrative review and adjustment proceedings, suspension of a child support order based upon reconciliation of the parents, the test used in administrative determination of paternity, disestablishment of paternity, notice provisions for income withholding, full faith and credit of child support orders, and accrual of interest on late payment of orders.

SENATE FILE 2381 - Dependent Adult Abuse (Complete summary under HUMAN SERVICES.)

This Act makes several changes in the dependent adult abuse law, including changes in definitions relative to the dependent adult abuse law, implementing measures to prevent additional abuse by involving a peace officer at the scene of a case of dependent adult abuse which is criminal in nature, providing protective services to a dependent adult, and applying penalties ranging from a class "C" felony to a simple misdemeanor for various criminal charges of dependent adult abuse.

SENATE FILE 2410 - Illegal Drugs in Parents and Children (Complete summary under CHILDREN & YOUTH.)

This Act amends Juvenile Justice Code provisions involving the presence of illegal drugs in a child or a parent and includes provisions involving court orders for visitation when a child is removed from a child's home based upon the presence of illegal drugs.

SENATE FILE 2420 - Juvenile and Criminal Justice -- Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)

This Act contains several provisions relating to juvenile justice, including expanding the jurisdiction of associate juvenile judges, dispositional alternatives for juveniles adjudicated delinquent, requirements for registering with the sex offender registry, and criminal gang offenses.

SENATE FILE 2422 - Instruments Affecting Real Estate -- Corporate Seal Requirement (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act removes the requirement that a corporation which has adopted a corporate seal affix it to all documents executed by the corporation affecting real estate and makes related changes.

SENATE FILE 2430 - Rights of Victims of Delinquent Acts (Complete summary under CHILDREN & YOUTH.)

This Act requires the juvenile court to provide a victim of a delinquent act with notification of various rights and services connected with the delinquent act.

SENATE FILE 2438 - Mental and Physical Conditions -- Terminology Changes and Related Matters (Complete summary under HUMAN SERVICES.)

This Act makes numerous changes in terminology to various provisions pertaining to persons with certain mental and physical conditions. In addition, the Act directs the Code Editor to make similar changes.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations and includes provisions authorizing state and local governments to charge fees to inmates for room, board and other costs of incarcerating the inmates. Courthouse security is an authorized use for the local government fee proceeds.

HOUSE FILE 2050 - Adoption (Complete summary under CHILDREN & YOUTH.)

This Act includes provisions relating to adoption. This Act amends provisions enacted in S.F. 13 to remove the required notification of a parent of a pregnant minor prior to the adoption of the minor's child, and replaces the notification requirement with a requirement that following the filing of a petition for the termination of parental rights of a pregnant minor or a minor who has given birth, a custodial parent or legal guardian or custodian of the pregnant minor or minor who has given birth is to be served with notice of the filing of the petition. The requirement may be waived by the court under certain circumstances. The Act provides that failure to provide the notice does not constitute good cause for revocation of a release of custody and is not grounds for denial, modification, vacation, or appeal of a termination of parental rights order or of an interlocutory or final adoption decree.

HOUSE FILE 2061 - Health Care Peer Review Committees (Complete summary under STATE GOVERNMENT.)

This Act adds health care entities engaged in providing health care services, including group medical practices, to the list of recognized health care peer review committees established in Section 147.1. Consequently, pursuant to Section 147.135, health care service entities, including group medical practices, are accorded civil immunity for actions resulting from peer review committee activities.

HOUSE FILE 2065 - Supplemental Appropriations -- Judicial Department Planning (Complete summary under APPROPRIATIONS.)

This Act provides an appropriation for the fiscal year beginning July 1, 1995, to be used by the Iowa Supreme Court's Commission on Planning for the 21st Century, formed to provide long-range and strategic planning for the courts.

HOUSE FILE 2114 - Miscellaneous Supplemental Appropriations (Complete summary under APPROPRIATIONS.)

This Act includes a provision vetoed by the Governor which would have provided from the General Fund of the State an FY 1996 supplemental appropriation for indigent defense.

HOUSE FILE 2331 - Operating Conditions for Certain Temporary Restricted Motor Vehicle Licenses -- VETOED BY THE GOVERNOR (Complete summary under TRANSPORTATION.)

This bill would have expanded the factors a court may consider in ordering the issuance of a temporary restricted license for persons whose license has been revoked for operating a vehicle while intoxicated and who have waited the statutory minimum period and who are not otherwise eligible for a temporary restricted license under Section 321J.20.

HOUSE FILE 2421 - Appropriations -- Transportation, Infrastructure, and Capital Projects (Complete summary under APPROPRIATIONS.)

Division V of this Act establishes a revised procedure for the revocation of driver's licenses after certain drug-related convictions. The prior process of administrative revocation after the criminal conviction was held unconstitutional in the Dressler v. Iowa Department of Transportation case. This Division takes effect May 30, 1996.

HOUSE FILE 2427 - Mental Health, Mental Retardation, and Developmental Disability Services (Complete summary under LOCAL GOVERNMENT.)

This Act amends numerous provisions involving voluntary and involuntary placements of individuals for mental health or mental retardation evaluation and treatment services, including those subject to court order.

HOUSE FILE 2456 - Rights of Victims of Criminal Acts and Related Matters (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act requires the county sheriff and county attorney to carry out their duties under Chapter 910A, regarding victims' rights. The Department of Corrections is required under the Act to issue an announcement to law enforcement authorities and news media covering the area within a 25-mile radius of the point where a person has escaped from a state correctional institution or a forcible felon has absconded from a work release facility, and to make a complaint with a judge or magistrate regarding the escape or abscondence.

HOUSE FILE 2472 - Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

The Act appropriates moneys for the fiscal year beginning July 1, 1996, and ending June 30, 1997, to the Department of Justice; Office of Consumer Advocate; Board of Parole; Department of Corrections, including correctional facilities and the judicial district departments of correctional services; Judicial Department; State Public Defender; Iowa Law Enforcement Academy; Department of Public Defense; and the Department of Public Safety; and contains related statutory provisions. Under the Act, the total appropriations to the justice system of $333.3 million reflect an increase in appropriations from the General Fund of the State of approximately $33.1 million from the FY 1996 appropriation. The Act provides for an additional three district court judges, four juvenile court officers, and expansion of the Court-Appointed Special Advocate Program.

HOUSE FILE 2497 - Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

This Act relates to and appropriates moneys to fund salary adjustments for state-appointed nonelected officers, justices, judges, magistrates, employees subject to collective bargaining agreements, and noncontract employees.

H.J.R. 11 - Proposed Constitutional Amendment -- Offenses Tried Without Indictment (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Joint Resolution proposes an amendment to the Constitution of the State of Iowa regarding misdemeanors that are tried summarily without indictment.

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