1997 SUMMARY OF LEGISLATION

COURTS, CIVIL LAW & PROCEDURE, & PROBATE

COURTS, CIVIL LAW & PROCEDURE, & PROBATE LEGISLATION

SENATE FILE 241 - Probate Code — Guardianships and Conservatorships — Transfer on Death Security Registration (full text of act)

BY COMMITTEE ON COMMERCE. This Act amends the Iowa Probate Code by providing for guardianships and conservatorships and adopting the Uniform Transfer on Death (TOD) Security Registration Act.
This Act amends the portions of the Iowa Probate Code relating to guardianships and conservatorships. The Act includes many changes based upon the Iowa Supreme Court decision in In Re Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995). In Hedin, the court held all of the following:

1. In proceedings to establish, modify or terminate a guardianship, the district court may make a finding of incompetency only if the ward's or proposed ward's decision-making capacity is so impaired that the ward is unable to care for the ward's or proposed ward's personal safety or to attend to and provide for such necessities as food, shelter, clothing, and medical care, without which physical injury or illness may occur. Additionally, in making the determination of incompetency, the court is required to consider credible evidence from any source of the effect of third-party assistance.
2. In determining whether a guardianship is to be established, modified or terminated, the district court shall consider if a limited guardianship is appropriate.
3. The standard of proof for determining incompetency in a proceeding to establish, modify or terminate a guardianship is clear and convincing evidence.
4. The burden of persuasion is on the party petitioning for guardianship and remains with the guardian in proceedings to modify or terminate the guardianship. If the ward petitions to terminate the guardianship or conservatorship, the ward must make a prima facie showing that the ward has some decision-making capacity. Once the prima facie showing is made, the guardian or conservator has the burden of persuasion to show by clear and convincing evidence that the ward is incompetent.

The Act provides a definition of "functional limitations" and redefines the term "incompetent."
The Act provides general provisions that apply to all guardianship and conservatorship proceedings. In the appointment, modification or termination of a guardianship, incompetency of the proposed ward or ward must be supported by clear and convincing evidence. The Act establishes the burden of persuasion in guardianship and conservatorship proceedings, requires the court to consider establishment of a limited guardianship or conservatorship, and requires the court to consider credible evidence from any source as to the effect of third-party assistance in meeting the needs of the proposed ward or ward.
The Act amends Code Sections 633.552 and 633.566, relating to petitions for guardianships or conservatorships, to provide that the basis upon which a person is alleged to require a guardian or conservator is that the proposed ward is a minor or is incompetent as redefined in the Act.
The Act also provides that if a guardianship or conservatorship is modified, any modification more restrictive for the ward must be based on clear and convincing evidence that the ward still falls into the category noted in the petition and that the facts justify the modification.
The Act provides that in a termination of guardianship or conservatorship proceeding the ward must only make a prima facie showing of some decision-making capacity and then the guardian or conservator must prove the ward's incompetency by clear and convincing evidence.
The Act also makes conforming changes in other guardianship and conservatorship sections to reflect the new requirements relating to burden of persuasion and the considerations of the court.
This Act adopts the Uniform Transfer on Death (TOD)Security Registration Act as approved and recommended by the National Conference of Commissioners on Uniform State Laws. This Act allows the owner of securities to register the title in "transfer-on-death" (TOD) form. The Act provides that a person (e.g., an issuer or broker) may transfer the securities directly to the designated transferee on the owner's death, passing outside the probate process. The registration provides a nonprobate transfer option without providing for joint tenancy form of title. The registration form does not affect the registered owner's control of the affected security during the lifetime of the owner. The Act provides for the right of survivorship by registered owners and the rights of beneficiaries to take the asset upon the death of the last surviving owner. An issuer is not required to implement the procedure, and the Act provides protections to a registering entity who acts in good faith.

SENATE FILE 281 - Judicial Administration (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes the following changes concerning the operation of the Judicial Department:

• Eliminates the limitation on the number of attorneys the Court of Appeals may employ to act as legal assistants to the court.
• Permits the clerk of the district court to destroy court files in divorce, child support and paternity cases 10 years after final disposition of the case.
• Eliminates the requirement that a debt owed the clerk of the district court must be delinquent before the Judicial Department may assign the debt to the Department of Revenue and Finance for collection.
• Permits the court to order a law enforcement agency or county attorney to assist the court in registering a person who is required to register with the sex offender registry.
• Directs the State Court Administrator to enter deferred judgments in a deferred judgment docket and make the information in the docket available to clerks of the district court.

SENATE FILE 432 - Disposition of Condemned Property and Unused Right-of-Way (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that a prior owner of condemned real property shall be given 60 days to reacquire that property if the condemner has not used the property for the purpose of the condemnation and if the entity that condemned the real property seeks to otherwise dispose of the property to the public. The Act provides that the prior owner can reacquire the property at a price equal to the current appraised value of the property.
The Act also provides that the present owner of adjacent land or the prior owner of unused right-of-way property condemned or purchased for highway purposes as provided in Code Chapter 306 shall have the opportunity to acquire the property prior to offering the property to the public.
The Act provides that an offer to purchase the unused right-of-way property must be made by the prior or adjacent owner within 60 days of notification. The highest offer over the fair market value of the parcel will be accepted. If no offers are made, the parcel may be sold to anyone.

HOUSE FILE 121 - Notification Requirements Regarding Pregnant Minors (full text of act)

BY BODDICKER, MERTZ, GREINER, KLEMME, KREMER, HOLMES, GARMAN, SIEGRIST, CORBETT, WEIDMAN, TYRRELL, WELTER, DIX, LAMBERTI, SUKUP, BARRY, LORD, VANDE HOEF, EDDIE, HUSEMAN, DOLECHECK, ARNOLD, HEATON, CHURCHILL, HOUSER, TEIG, BLODGETT, BRADLEY, BRUNKHORST, DRAKE, GIPP, RANTS, GRIES, LARSON, HAHN, MILLAGE, CARROLL, VAN MAANEN, MUNDIE, MAY, BOGGESS, JENKINS, VAN FOSSEN, RAYHONS, MEYER, OSTERHAUS, O'BRIEN, VEENSTRA, AND BRAUNS. This Act changes prior law relating to parental notification requirements regarding pregnant minors. The provisions in the Act are in response to the Iowa district court's granting of injunctive relief and to various findings of the court including those relative to emergency abortions, criminal liability, and expeditious and confidential procedures. The Act eliminates the option of notifying an aunt or uncle of a pregnant minor, in lieu of a parent, prior to the performance of an abortion on a pregnant minor.
The Act changes prior law to provide that the notification requirements and related procedures, including the offering of video and written materials relating to the options available to the pregnant minor, certification of the offering, notification requirements, medical emergency exception requirements, and penalties for knowing violation, apply only to a licensed physician from whom a pregnant minor is seeking an abortion.
The Act provides that all court documents pertaining to the waiver of notification proceedings are to be sealed, that the court must rule on a petition for waiver of notification within 48 hours or the petition is deemed granted, and that resolution of a petition for waiver of notification must be completed within 10 calendar days as calculated from the day after the filing of the petition to the day of issuance of any final decision on appeal of the action.
The Act provides that if the pregnant minor declares that she is a victim of sexual abuse, the Department of Human Services is prohibited from releasing information relating to the pregnant minor's pregnancy or abortion in response to a request for public records, discovery procedures, subpoena, or any other means, unless expressly authorized by the pregnant minor. A person who knowingly violates these confidentiality provisions is guilty of a serious misdemeanor.
The Act eliminates the procedure to be followed, in lieu of notification of a parent and judicial bypass, in the case of a medical emergency, and provides that a medical emergency, as defined in Code Chapter 135L, relating to the notification procedures, is an exception to the requirement to notify a parent prior to the performance of an abortion on a pregnant minor.
The Act includes an element of criminal intent in the provisions for performing an abortion in violation of notification provisions.
The Act provides that all records and files of a court proceeding maintained under the judicial bypass provisions are to be destroyed by the clerk of court when one year has elapsed from any of the following: the date the court issues the order waiving notification; the date after which the court denies the petition for waiver and the decision is not appealed; or the date after which the court denies the petition for waiver of notification, the decision is appealed, and all appeals are exhausted.
The Act eliminates the required notification of a custodial parent or legal guardian or custodian of a pregnant minor or minor who has given birth, prior to the hearing regarding the termination of parental rights of the pregnant minor or minor who has given birth.

HOUSE FILE 132 - Liability for Domesticated Animal Activities (full text of act)

BY O'BRIEN, GREIG, HAHN, GREINER, DRAKE, MAY, LARKIN, ARNOLD, MUNDIE, MERTZ, KLEMME, BARRY, TYRRELL, HEATON, WELTER, VANDE HOEF, HOUSER, DREES, FREVERT, HUSEMAN, GRIES, MYERS, DOLECHECK, KOENIGS, COHOON, BRADLEY, WEIDMAN, WITT, EDDIE, MEYER, VAN MAANEN, DOTZLER, JOCHUM, FOEGE, RICHARDSON, BOGGESS, AND GARMAN. This Act limits the liability of persons involved with animals classified as domesticated animals, including livestock. A person who is a participant or spectator is barred from bringing a claim based on damages, injury or death arising from inherent risks associated with an activity involving a domesticated animal, including the propensity of a domesticated animal to behave in a manner that is reasonably foreseeable to result in injury or death to a person, risks generally associated with an activity, the unpredictable reaction by a domesticated animal to unfamiliar conditions, a collision by a domesticated animal with an object or animal, and the failure of a participant to exercise reasonable care.
However, the Act provides that a participant or spectator may bring a claim if the damages, injury or death was caused intentionally, recklessly, or while under the influence of a controlled substance; by the use of defective equipment or tack; due to the failure to notify a participant of a dangerous latent condition on land owned by the sponsor of an event; or because of an activity occurring in an inappropriate place.
The Act also requires that a professional who receives compensation for engaging in a domesticated animal activity by instructing participants, renting equipment or tack, or renting the use of a domesticated animal must provide notice that the professional is not liable for damages, an injury to, or for the death of a person which results from the inherent risks of activities associated with the domesticated animal.

HOUSE FILE 308 - Debt Collection Practices (full text of act)

BY COMMITTEE ON JUDICIARY. This Act relates to the required disclosure a debt collector must give to a debtor when attempting to collect a debt. In the initial contact, whether the contact is oral or written, the Act provides that a debt collector must notify the debtor that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. In subsequent communications, the Act only requires the debt collector to identify that the communication is from a debt collector.

HOUSE FILE 371 - Temporary Orders for Support, Custody, or Visitation (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides, upon petition of a parent, for the issuance and subsequent change of temporary orders by the court for support, custody or visitation of a child for whom paternity has been established and whose parents were not married at the time of the child's birth or at the time of filing of the petition. The provisions relating to temporary orders for support, custody and visitation of a child, which apply in dissolution of marriage proceedings, are applicable to these proceedings.

HOUSE FILE 453 - Termination of Parental Rights — Grounds — Putative Father (full text of act)

BY JOCHUM, BODDICKER, FOEGE, AND THOMSON. This Act makes changes in Code Chapter 600A, Termination of Parental Rights. The Act redefines "to abandon a minor child" for the purposes of the chapter. The Act also establishes criteria for a determination that a putative father has abandoned a child, for the purposes of establishing grounds for termination of the putative father's parental rights. The criteria require the demonstration of certain actions and intentions by a putative father, which vary based upon the age of the child at the time of the holding of the termination of parental rights hearing.

HOUSE FILE 643 - Grandparent and Great-Grandparent Visitation Rights (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides the same rights of visitation to great-grandparents of a child as are currently provided to grandparents of a child, through petition of the district court under certain circumstances and if visitation is in the best interest of the child and the great-grandparent has established a substantial relationship with the child prior to the filing of the petition. Additionally, the Act provides that a grandparent or great-grandparent may petition for visitation if the parents of the child are divorced and the parent who is the child of the grandparent or who is the grandchild of the great-grandparent has legal custody of the child.

HOUSE FILE 693 - Tort Reform — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act relates to statutes of limitation and repose in civil actions, interest rates on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, joint and several liability, and reporting requirements regarding the number of physicians practicing in Iowa.
The Act requires the Iowa Department of Public Health to annually submit a report to the General Assembly relating to and regarding the number of physicians practicing in Iowa in the area of obstetrics.
The Act changes the rate of interest allowed under Code Section 668.13 on all money due on judgments and decrees on actions brought under Code Chapter 668, to the coupon issue rate of a 52-week U.S. Treasury bill plus 2 percent. The Act also changes the rate of interest allowed under Code Section 535.3 on all money due on other judgments and decrees to the same rate as calculated under Code Section 668.13, with the exception that interest due pursuant to Code Section 85.30 and interest due on periodic payments for child, spousal or medical support shall accrue at a rate of 10 percent per year. These provisions of the Act shall apply to actions filed after July 1, 1997.
The Act creates a 15-year statute of repose for products liability actions that begins when the product is first purchased, leased, bailed, or installed for use or consumption unless the product is expressly warranted for a longer period of time. The statute of repose shall not apply if there is an intentional misrepresentation or fraudulent concealing of information about the product and that conduct was a substantial cause of the claimant's harm. In product liability actions involving a latent disease caused by exposure to a harmful material, the statute of repose shall not apply and the action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This provision of the Act applies to actions filed after July 1, 1997, except that any cause of action having actually accrued as of May 29, 1997, shall be preserved according to the law applicable to the statute of limitations in effect at the time of accrual.
The Act provides that the statute of limitations for commencing a medical malpractice action for a minor under eight years of age when the act, omission or occurrence alleged in the action occurred is extended to the minor's tenth birthday. This provision of the Act shall apply to all causes of action accruing on or after July 1, 1997, and to all causes of action accruing before July 1, 1997, and filed after July 1, 1999.
The Act provides a procedure for the furnishing of a plaintiff's patient records and related information when a condition of the plaintiff is an element or factor of the claim or defense of the adverse party. The adverse party is required to make a written request and the plaintiff is required to execute a waiver and release it to the adverse party within 60 days of receipt of the written request. The waiver may require a physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional to provide a complete copy of patient records and consult with the attorney for the adverse party prior to providing testimony. The court may order disclosure or compliance. A person providing information shall be granted immunity from all civil or criminal penalties, claims or actions with respect to Code Section 622.10 and shall be entitled to charge a reasonable fee. The Act requires written notice to the plaintiff's counsel prior to depositions and provides the plaintiff's counsel with the right to be present during meetings between the defendant's counsel and the person providing information. This provision of the Act applies to actions filed after July 1, 1997, but does not apply to workers' compensation actions.
The Act provides that in personal injury actions and actions brought under Code Chapter 668, any award of future damages shall be adjusted by the finder of fact to reflect the present value of the sum. The reduction to present value may only be done one time. The Act also provides that the finder of fact shall allocate the percentage of total fault of the person whose death or injury gave rise to a consortium claim. The Act also provides that the percentage of fault assigned to the person whose death or injury gave rise to a consortium claim shall apply to reduce or bar a judgment for loss of consortium. Finally, the Act provides that when a defendant is found to bear 50 percent or more of the fault in actions brought under Code Chapter 668, the defendant shall be jointly and severally liable only for economic damages, and not for noneconomic damages. These provisions of the Act apply to actions filed after July 1, 1997.

RELATED LEGISLATION

SENATE FILE 95 -- Water and Ice Vessel Accident Reports

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act provides that a copy of a law enforcement officer's written report of a water or ice vessel accident, with $500 or more damage, shall be made available by the Department of Natural Resources to a party to the accident, a party's insurance representative, or a party's attorney, upon request and payment of a fee.

SENATE FILE 118 -- Substantive Code Corrections

(Complete summary under STATE GOVERNMENT)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, including changing the placement of a reference to employees of the Commission of Veterans Affairs in the Iowa Tort Claims Act. The provision regarding the Iowa Tort Claims Act takes effect April 18, 1997, and applies retroactively to July 1, 1996.

SENATE FILE 219 -- Trespassing or Stray Livestock

(Complete summary under AGRICULTURE)

This Act provides a cause of action to a landowner or a county or city, referred to as a local authority, when livestock is trespassing, or is taken into custody when it has strayed from its owner's control.

SENATE FILE 280 -- Providing Work-Related Employee Information

(Complete summary under LABOR & EMPLOYMENT)

This Act provides an employer immunity from civil liability for the good faith disclosure of work-related information about current or former employees.

SENATE FILE 361 -- School-to-Work Programs — Workers' Compensation

(Complete summary under LABOR & EMPLOYMENT)

This Act establishes that the rights and remedies of the workers' compensation law are the exclusive and only rights and remedies available to a student who sustains an occupational injury, occupational disease, or occupational hearing loss while participating in a school-to-work program.

SENATE FILE 391 -- Appropriations — Transportation

(Complete summary under APPROPRIATIONS)

This Act increases the salary rates for the justices, judges and magistrates of the state court system by approximately 3 percent for FY 1997-1998.

SENATE FILE 472 -- Construction or Expansion of Animal Feeding Operation Structures

(Complete summary under AGRICULTURE)

This Act prohibits a person from constructing or expanding a structure that is part of a confinement feeding operation if the person is a party to a pending action for a violation of state law concerning a confinement feeding operation or the person, or a confinement feeding operation in which the person holds a controlling interest, is classified as a habitual violator.
The Act takes effect May 19, 1997.

SENATE FILE 503 -- Criminal Justice — Miscellaneous Provisions

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act makes a variety of changes relating to criminal justice by establishing a pilot project in the Sixth Judicial District, which authorizes probation supervision and revocation functions to be performed by administrative parole and probation judges for persons for whom the court has suspended sentence, and providing for payment of at least $150,000 by an offender to the estates of persons whose deaths are caused by the offender's felonious criminal acts, in addition to any orders for restitution for pecuniary damages.

SENATE FILE 533 -- Appropriations — Justice System

(Complete summary under APPROPRIATIONS)

This Act appropriates moneys for FY 1997-1998, 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, appropriations to the justice system total $381 million, reflecting an increase in appropriations from the General Fund of approximately $42.2 million from the FY 1997 appropriation. The Act provides for an additional 35 clerk of court positions, one district court judge, three juvenile court officers, additional legal assistants for the Court of Appeals, and expansion of the Court-Appointed Special Advocate Program.

HOUSE FILE 114 -- Legalization of Certain City and County Deeds and Conveyances

(Complete summary under LOCAL GOVERNMENT)

This Act legalizes certain deeds or conveyances of property by cities and counties recorded more than 10 years earlier.

HOUSE FILE 307 -- Recovery of Merchandise or Damages

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act amends the definition of a mercantile establishment "owner" to include a representative of the owner, and therefore allows a designated representative of the owner to maintain an action for recovery of merchandise or damages under Code Chapter 645.

HOUSE FILE 376 -- Child Welfare — Dispositional Orders, Hearings, and Placements

(Complete summary under CHILDREN & YOUTH)

This Act relates to child welfare provisions involving dispositional orders, hearings and placements.

HOUSE FILE 492 -- Supplemental Needs Trust for Persons with Disabilities

(Complete summary under HUMAN SERVICES)

This Act reenacts Iowa Code Chapter 634A, relating to supplemental needs trusts for persons with disabilities, which was repealed in 1995.

HOUSE FILE 514 -- Financial Liability Coverage for Motor Vehicles

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act prohibits a person from driving a motor vehicle registered in this state on the highways of this state unless financial liability coverage is in effect for the motor vehicle. The driver is also subject to a conviction for a violation if the driver does not have in the motor vehicle a "proof of financial liability coverage card" issued for the motor vehicle. However, the driver has 30 days to produce, in court, proof that the motor vehicle was covered by financial liability coverage at the time of arrest. A violation is subject to a $100 fine. Effective July 1, 1999, a violation of the proof of financial liability coverage requirements is subject to a $500 fine if the violation is in connection with a motor vehicle accident, $250 for all other violations.

HOUSE FILE 544 -- Foster Care and Preadoptive Care

(Complete summary under CHILDREN & YOUTH)

This Act relates to the placement of children for adoption and foster care. The Juvenile Justice Code, Code Chapter 232, is amended to include a definition of an individual providing "preadoptive care" to a child under a signed placement agreement for the purposes of proceeding with a legal adoption of the child. These individuals are to be provided notice of any delinquency proceeding and may petition the court to be made a party to any child in need of assistance (CINA) proceeding. These individuals and foster parents are also granted access to juvenile court records involving a child in their care.

HOUSE FILE 597 -- School Attendance Requirements and Family Investment Program

(Complete summary under EDUCATION)

This Act relates to school attendance requirements and includes provision for a civil penalty for truancy.

HOUSE FILE 612 -- Child Support, Spousal Support, and Related Matters

(Complete summary under HUMAN SERVICES)

This Act makes changes relating to child support enforcement including those required under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and other provisions relating to child custody and paternity establishment.

HOUSE FILE 674 -- Wrongful Imprisonment

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act permits a person found to have been wrongfully imprisoned to file a claim for damages against the state under the Iowa Tort Claims Act.

HOUSE FILE 698 -- Child Abuse Information and Central Registry

(Complete summary under CHILDREN & YOUTH)

This Act relates to the state's child protection system law for placement of child abuse information in the central child abuse registry at the conclusion of a Department of Human Services investigation or assessment of a report of child abuse. In addition, the Act specifically addresses how various types of child abuse information are to be maintained and confidentiality protected by persons involved with the system, including county attorneys, law enforcement and the juvenile court. See also S.F. 230 (see Children & Youth), which provides for the phase-in of an assessment-based approach to replace the investigation-based approach in response to a report of child abuse.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes numerous provisions affecting juvenile justice programs, including foster care, adoption and other child welfare services, criteria for placement of a juvenile at the State Training School at Eldora, and funding for court-ordered services for juveniles.

Iowa General Assembly

Search: Site

Comments? webmaster@legis.iowa.gov.

Last update: Thur July 24, 1997
sw