1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CIVIL LAW, PROCEDURE AND COURT ADMINISTRATION

CIVIL LAW, PROCEDURE AND COURT ADMINISTRATION LEGISLATION

SENATE FILE 2186 - Validity and Enforceability of Veterans Advance Directive Documents (full text of act)

BY MCKIBBEN. This Act provides that an advance directive declaration or similar document, executed by a veteran of the armed forces, which complies with the federal Department of Veterans Affairs requirements for advance directives is deemed valid and enforceable in Iowa under the Life-Sustaining Procedures Act and the Durable Power of Attorney for Health Care Code chapter.

SENATE FILE 2235 - Judicial Administration (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes several changes concerning the administration of the courts and the judicial branch.

Effective April 17, 1998, several requirements pertaining to rulemaking by the Iowa Supreme Court as reflected in the Iowa Court Rules are changed. The requirement in the Code that the Iowa Court Rules be indexed and that changes to the rules be included in the published Session Laws is eliminated. Those changes made by the Supreme Court to the Iowa Court Rules that must be submitted to the Legislative Council prior to the rules becoming effective are delineated. Also, the Act specifically exempts certain categories of rules from the requirement to submit changes to the Legislative Council, but provides that changes to the following rules shall be submitted to the Legislative Council:

• Rules of Civil Procedure
• ú Rules of Criminal Procedure
• Rules of Evidence
• Rules 1 through 9 of the Rules of Appellate Procedure
• Rules of Probate Procedure
• Juvenile Procedure
• Involuntary Hospitalization of the Mentally Ill
• Involuntary Commitment or Treatment of Substance Abusers

The Act also provides that a court-appointed special advocate is entitled to receive otherwise confidential child abuse information.

The Act additionally amends the provisions dealing with the ability of the Judicial Department, through the clerk of the district court, to obtain a setoff of any claim owed to a person by a state agency in order to satisfy a liability that the person owes the clerk of the district court. The Act provides that the Department of Revenue and Finance, and not the Judicial Department, shall send notice of a potential offset to the person liable, provides for the procedures to follow once a setoff is complete, and provides for the adoption of applicable procedures governing setoff by the Judicial Department and the Department of Revenue and Finance.

The Act eliminates the limitation on the number of attorneys or law school graduates the Supreme Court may employ to act as legal assistants to the justices of the Supreme Court.

The Act eliminates the requirement that the most recent federal decennial census be used to determine a county's eligibility for apportionment of district associate judges.

The Act provides that a district associate judge or magistrate who seeks to resign from that office shall notify the chief judge of the applicable judicial district of the resignation. The chief judge is then required to forward this information to the State Court Administrator and the applicable county magistrate appointing commission.

The Act also changes the deadline for appointing magistrates from any day in June to June 1.

The Act also provides that the clerk of the district court shall enter a conviction and judgment upon the failure of a person charged pursuant to a uniform citation and complaint to appear in person or through an attorney to defend against the offense charged.

The Act further provides that where an initial appearance before a magistrate is required and the person was arrested either with or without a warrant, the appearance may be before a magistrate located in a judicial district other than where the warrant was issued or where the person was arrested if the chief judges of the applicable judicial districts have previously agreed by order to permit such an appearance in either judicial district.

SENATE FILE 2261 - Grandparent and Great-Grandparent Visitation (full text of act)

BY LUNDBY. This Act provides that the parent or grandparent of the mother or father of a child born out of wedlock may petition the court for visitation rights whether child custody has been awarded to the mother or father of the child.

Visitation is granted only if it is in the best interest of the child and the grandparent or great-grandparent has established a substantive relationship with the child before filing the petition.

SENATE FILE 2277 - Municipal Tort Liability Exceptions for Skateboarding and In-Line Skating (full text of act)

BY SZYMONIAK. This Act provides two express exceptions to tort liability for governmental subdivisions. Claims relating to the design or construction of public facilities designed for skateboarding or in-line skating, and claims relating to the act or omission of an officer or employee of a municipality in relation to certain injuries or damages for skateboarding or in-line skating, are limited by this Act.

SENATE FILE 2329 - Crime Victim Compensation (full text of act)

BY COMMITTEE ON JUDICIARY. This Act raises the cap from $5,000 to $7,500 for funeral expenses payable for crime victims, and eliminates the aggregate limits of $6,000 for the following: loss of support through death or disability of the victim incurred by families of crime victims, counseling expenses for families of crime victims, and mental health care for secondary victims of a crime. The Act also expands recoverable compensation to include certain wages lost by certain family members and others due to the death of the victim.

SENATE FILE 2330 - Civil Litigation by Inmates and Prisoners (full text of act)

BY COMMITTEE ON JUDICIARY. This Act regulates civil lawsuits filed by prisoners and inmates.

The Act provides additional grounds for the court to dismiss a complaint, claim, defense, or appeal by an inmate or prisoner. In addition to the current grounds of a false affidavit of inability to pay costs and fees and the filing of a frivolous or malicious action, the court may also dismiss claims if an inmate has knowingly presented or attempted to create false evidence or testimony, or if the actions of the inmate constitute an abuse of the discovery process.

In classifying an action, claim, defense, or appeal as frivolous or malicious, the Act provides that the court may consider whether the claim is without substantial justification or cannot be supported by a reasonable argument for a change in existing law, whether the action is intended solely or primarily for harassment, whether it is asserted for some improper purpose, including seeking to cause an unnecessary expansion or delay in proceedings, whether the defendant is immune from providing the relief requested, and the fact that evidentiary support is unavailable or is unlikely to be discovered after investigation.

A respondent may file a pre-answer motion asserting any deficiencies in meeting these standards.

A prisoner who brings an action that is dismissed under the standards articulated in this Act is subject to a loss of some or all good conduct time credits acquired. In the alternative, a state inmate who has no good time credits is subject to a loss of up to 50 percent of the average balance in the inmate's account.

A prisoner who brings three or more frivolous actions within five years is subject to the stay of proceedings, pending prepayment or guarantee of costs, that is applicable to all civil litigants. In addition, a prisoner who has had three actions dismissed will not be permitted to file in forma pauperis. This provision is modeled after a similar provision added to federal law in 1996.

The Act takes effect April 23, 1998. The provisions of the Act are severable and the invalidity of one provision will not affect any others which may be severed.

SENATE FILE 2338 - Adoption of Deceased Persons and International Adoptions (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act transfers the responsibility of assisting families to make international adoptions from the Department of Human Services (DHS) to licensed child placing agencies, persons making independent placements, and certified or approved adoption investigators. Currently, international adoptions are privately arranged by prospective adoptive parents and the agency or individual representing the foreign country. Federal law does not require the involvement of a state agency, such as DHS, in international adoptions. Regulatory activities are conducted by the Department of Inspections and Appeals, the agency that monitors the activities of licensed child placing agencies and certified adoption investigators.

The Act also provides for the completion of an adoption of a person for whom parental rights of the biological parents have been terminated, for whom an adoption petition has been filed, but who has died prior to completion of the adoption procedure. This portion of the Act takes effect April 9, 1998.

SENATE FILE 2339 - Payment of Costs of Postconviction Proceedings (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Section 822.5, which currently entitles an inmate who is unable to afford counsel to state-paid counsel in postconviction relief actions. The right to payment for counsel is eliminated in the Act in postconviction actions that are based on the alleged unlawful forfeiture of good conduct time and the exhaustion of administrative remedies to regain the good conduct time reduction in sentence, and in postconviction relief actions based on alleged unlawful custody or restraint due to the expiration of a person's sentence or revocation of probation, parole or conditional release or some other alleged unlawful action. The right to payment for counsel is retained for other types of postconviction actions. The right to payment of court costs and stenographic and printing expenses is retained for all postconviction actions in which an inmate is unable to pay for those expenses.

SENATE FILE 2374 - Bail Enforcement Businesses, Private Investigative Agencies and Security Agents (full text of act)

BY COMMITTEE ON JUDICIARY. This Act regulates bail enforcement businesses and acts by bail enforcement agents, and apprehension of the principal on a bail bond.

The Act requires that persons operating a bail enforcement business with a principal place of business within the state obtain a license from the Department of Public Safety. The license is valid for two years and requires payment of a $100 fee for the license and a $10 fee for each identification card for each employee. An applicant must meet statutory qualifications and must file a bond with the department. An applicant must also prove financial responsibility for damages arising out of the business.

The Act also eliminates temporary identification cards presently issued for private security agents and investigators.

The Act requires any licensed bail enforcement agent to notify the local law enforcement agency before taking any action to apprehend a defendant. A bail enforcement agent from another state is required to register with the local law enforcement agency, providing copies of a license to operate a bail enforcement business, if the state of origin licenses such a business, and bonds related to the defendant in question and for liability for the agent's acts, if such bond has been issued. A bail enforcement agent from another state who registers as required and otherwise complies with the requirements for bail enforcement agents other than licensure is subject to civil liability only as provided in the chapter.

Licensees and their employees are subject to the rules of the department with regard to the use of badges, uniforms and identification cards. Bail enforcement agents from states other than Iowa are not permitted to use badges or identification cards other than those permitted by the state of origin or to wear a uniform or make a statement that gives the impression that the agent is a peace officer.

A person who is subject to the licensing requirements for bail enforcement businesses or bail enforcement agents and acts as a bail enforcement business or agent without a valid current license is guilty of a class "D" felony. A person is guilty of a fraudulent practice for committing any of the following: (1) making a false statement or representation in a document filed with the Department of Public Safety; (2) making a false statement or representation or failing to disclose, when required, that the person is or has been a private investigator, security agent or bail enforcement agent; or (3) falsely advertising that the person is a licensed private investigator, security agent or bail enforcement agent. Depending upon the value of the property or service obtained by means of fraudulent practices, such an act is punishable as a simple misdemeanor ($50 to $100 fine, or up to 30 days in jail) up to a class "C" felony ($500 to $10,000 fine and a 10-year maximum sentence).

Bail enforcement businesses and bail enforcement agencies are also subject to civil liability for injury to persons other than the defendant being apprehended. A business or agent held to have violated the applicable standard of care is liable for treble damages, costs and reasonable attorney fees.

The Act also sets forth prerequisites for a person apprehending a defendant, including licensure where appropriate, and registration or notification of local law enforcement agencies. A person apprehending a defendant also may not act beyond the authority granted to a peace officer under similar circumstances.

This Act may include a state mandate as defined in Code Section 25B.3. However, this Act makes inapplicable Code Section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in this Act.

SENATE FILE 2378 - Real Estate Titles Involving Bankruptcy (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides an alternative method for getting the record of bankruptcies into the records of the counties in which real estate of bankrupt debtors is located. Currently, the only uniform way of getting the information into the county records is recording each page at a set fee per page.

This Act allows for a bankruptcy transcript, which has been authenticated in accordance with federal or Iowa law, to be filed in the office of the clerk of the district court of the county in which real estate affected by the bankruptcy is located. A "bankruptcy transcript" is any document certified by the clerk of any United States Bankruptcy Court as being a true and correct copy of a document on file with the court. Once a bankruptcy transcript is filed, notice will be provided to the owner of the real estate affected by the transcript.

The owner of the real property may receive a stay of the effect of the bankruptcy transcript if the owner shows the district court that an appeal is pending or will be taken or that a stay of execution has been granted. The stay of the effect of the bankruptcy transcript will remain in effect until the appeal is concluded, the time of appeal expires, or the stay of execution expires or is vacated, whichever is applicable.

SENATE FILE 2384 - Installment Payment Fees -- Fines and Court Costs -- VETOED BY THE GOVERNOR (full text of act)

BY COMMITTEE ON JUDICIARY. This bill would have provided for the payment of a $35 installment payment fee where fines or court costs are paid in installments. The fee would not have been required if the fee had already been charged under provisions relating to installment payments made by persons whose income level qualifies them for court-appointed counsel at state expense. Hearings held for purposes of monitoring compliance with any installment payment plan would not have been considered contempt or show cause hearings unless the court specifically designated the hearing as either a contempt or show cause hearing. The enactment of the bill was contingent upon the enactment of S. F. 2281, pertaining to the legal defense of indigent persons. Senate File 2281 was not enacted.

HOUSE FILE 382 - Validity of Certain Marriages (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that only a marriage between a male and a female is valid and that a marriage solemnized in another jurisdiction is valid in this state if the requirements, including gender requirements, of the parties to the marriage are met and the marriage would not otherwise be void.

This Act also requests the Legislative Council to establish an interim task force to review the issues facing domestic partners.

HOUSE FILE 677 - Child Custody and Visitation -- Miscellaneous Provisions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that good cause for waiver of mandatory participation in a court-approved course to educate and sensitize the parties to an action involving child custody or visitation includes a showing of prior participation by the parties in a court-approved course or its equivalent.

The Act also provides that the court is to consider the criminal history of a parent in awarding visitation rights if the parent has been convicted of a criminal offense against a minor, a sexually violent offense against a minor, or sexual exploitation of a minor.

HOUSE FILE 2169 - Conservatorship Assets (full text of act)

BY RANTS. This Act increases the maximum asset eligibility level for a private, nonprofit corporation to serve as a conservator from $15,000 to $75,000 of assets subject to the conservatorship, and increases the maximum asset eligibility level for termination of a minor ward's conservatorship from $4,000 to $10,000 of assets. Assets under the latter type of conservatorship shall be distributed after payment of claims and expenses to a custodian under the Uniform Transfers to Minors Act.

HOUSE FILE 2281 - Mandatory Recording of Certain Real Estate Contracts (full text of act)

BY JACOBS. This Act requires that installment contracts for the sale of residential real estate must be recorded in the office of county recorder by the seller within 180 days of the date the contract was signed by the seller and buyer. The county recorder is to forward to the county attorney each contract recorded after the expiration of the 180-day period. Failure of the seller to record the contract prohibits the seller from initiating forfeiture procedures on the basis of the failure of the buyer to comply with the terms of the contract, but does not invalidate an otherwise valid contract. The contract seller is also subject to a fine not to exceed $100 per day for each day over 180 that the contract is not recorded.

The Act also declares unenforceable a provision in a real estate installment sales contract that prohibits the recording of the contract.

The Act applies to installment sales contracts entered into before, on or after July 1, 1998. However, contracts entered into before July 1, 1998, shall not be subject to a fine for failure to timely record the contract.

HOUSE FILE 2400 - Mechanic's Liens (full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes a mechanic's lien for a person who rents material that is used in the course of alteration, construction or repair of the owner's building, improvement or land, to an owner, owner's agent, trustee, contractor, or subcontractor. The mechanic's lien is for the reasonable rental value during the period of actual use of the material and any reasonable periods of nonuse of the material taken into account in the rental agreement. The Act provides that the delivery of material to the building, improvement or land creates a presumption that the material was used in the course of alteration, construction or repair of the building, improvement or land, except in cases involving recoveries sought under a surety bond.

The Act also adds the furnishing of labor as grounds for a mechanic's lien claim, and alters notification procedures for liens involving the furnishing of labor or materials. A person furnishing such labor or materials must notify the owner and the principal contractor within 30 days of the amount, kind and value of the labor or materials furnished, and support the lien claim with a certified statement regarding that notification.

The Act further expands the definition of "material" in the mechanic's lien provisions to include tools. Existing law includes machinery, equipment, trees, plants, dirt, fence material, and other accessories, among the items defined as "materials."

The Act also alters mechanic's liens for owner-occupied dwellings, making those liens enforceable only to the extent of the amount due by the owner-occupant to the principal contractor under the contract, less any payments made by the owner-occupant to the principal contractor prior to receipt of notice by the owner-occupant regarding liability for liens by subcontractors.

HOUSE FILE 2456 - Designation of Judicial Department as Judicial Branch (full text of act)

BY COMMITTEE ON JUDICIARY. This Act changes the designation of the judiciary in the Code from the Judicial Department to the judicial branch.

HOUSE FILE 2471 - Appellate Court Judges (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that the number of Court of Appeals judges shall be increased from six to nine effective July 1, 1999. The Act further provides that the number of Supreme Court justices shall be reduced from nine to seven justices through attrition, by justices leaving the Supreme Court due to death, resignation, removal, or failure to seek or win a retention election, commencing with vacancies occurring on or after July 1, 1999.

The Act takes effect July 1, 1999, but only if money is appropriated for the fiscal year beginning July 1, 1999, to employ the three additional Court of Appeals judges.

HOUSE FILE 2478 - Mediation Confidentiality (full text of act)

BY COMMITTEE ON JUDICIARY. This Act creates new Code Chapter 679C relating to confidentiality in mediation. The Act provides that if a mediation is conducted pursuant to a court order, a court-connected mediation program, a written agreement between the parties, or a provision of law, then all mediation communications and mediation documents shall be deemed confidential, except under certain circumstances, and a mediator or a representative of a mediation program shall not testify about a mediation communication or mediation document in any judicial or administrative proceeding, except under certain circumstances.

The Act provides that a mediator or mediation program shall not be liable for any civil damages for a statement, decision or omission made in the process of mediation unless acts or omissions of bad faith, malicious purpose or willful or wanton disregard for human rights, safety or property are involved.

The Act establishes separate mediator privilege provisions for mediation involving collective bargaining disputes before the Public Employment Relations Board. Other than facts relating to the timing or scheduling of mediation, a mediator shall not be required to testify or produce or disclose any communications, behavior or documents relating to or occurring during the course of mediation. The provisions include a list of expectations under which testimony, production or disclosure may occur.

The Act also provides that certain types of mediation are not subject to all or portions of new Code Chapter 679C.

HOUSE FILE 2527 - Victim Rights Act (full text of act)

BY COMMITTEE ON JUDICIARY. This Act transfers and reorganizes existing Code sections pertaining to victim rights into a new Code chapter. The following chart is a guide to the substantive transfers to new Code Chapter 915:

Prior Code Section	New Code Section	Subject Matter
232.28, subs. 10 232.28	915.25 915.26	Access to certain juvenile court files. Victim impact statements.
232.28A	915.24 915.26	The rights of a victim of a juvenile. Victim impact statements.
232A.4	915.28	Restitution by juveniles.
236A.1	915.20A	Victim-counselor privilege.
709B.1	915.4	Definitions for current Code Chapter 709B, Tests for Certain Sexual Offenders.
709B.2	915.42	HIV testing of an offender convicted of sexual assault.
709B.3	915.43	HIV testing of an offender convicted of sexual assault.
709.1	915.41	Payment of medical expenses for a sexual assault victim.
709.17	915.44	The right to refuse a polygraph that is offered as a prerequisite to an investigation of sexual abuse.
910A.2	915.10 915.12	Definitions relating to victims. Registration with the county attorney.
910A.5	915.21 915.26	Victim impact statements. Victim impact statements.
910A.6	915.13	Notification by the county attorney.
910A.7	915.14	Notification by the clerk of the district court.
910A.7A	915.15	Notification by the Department of Justice.
910A.8	915.11 915.16	Notice to a victim of the right to register as a victim with the county attorney. Notifications that must be made to victims by local correctional institutions.
904.108, subs. 6 910A.9	915.17	Notification of prisoner escape. Notification by the Department of Corrections.
910A.9A	915.29	Notification by Department of Human Services.
910A.10	915.18	Notification by the Board of Parole.
910A.10A	915.19	Notification by the Governor.
910A.11	915.22	The use of injunctions to protect victims and witnesses.
910A.12	915.23	The right of witnesses in criminal proceeding not to suffer discrimination from employers.
910A.13	915.36	Protection of a child victim's privacy.
910A.14	915.38	Permitting the use of televised and videotaped testimony in certain circumstances for child and certain other victims.
910A.15	915.37	Appointment of a guardian ad litem for a child witness of sexual abuse.
910A.16	915.35	Services for child victims of sexual abuse.
910A.17	915.12	Confidentiality of a victim's registration file.
910A.18	915.2	Immunity.
910A.19	915.3	Citizen intervention.
910A.20	915.2	Right to presence of victim counselor in proceedings related to the offense.
912.1 through 912.14	915.80 through 915.94	New Code Sections are a new subchapter of proposed Code Chapter 915. The subchapter is essentially composed of current Code Chapter 912.

New Code Section 915.100, titled "Victim Restitution Rights," sets forth the right a victim has to restitution and provides that a victim is entitled to recover pecuniary damages.

The Act directs the Code Editor to make necessary internal reference corrections throughout the Code, as required because of the transfer of Code sections to new Code Chapter 915. An amendment to S.F. 2329 requires the Code Editor to incorporate in the new Code chapter any changes made in this Act or S.F. 2329 to the underlying Code sections. The Act contains a delayed effective date of January 1, 1999, to permit the Code Editor the time necessary to make such comprehensive changes.

RELATED LEGISLATION

SENATE FILE 347 -- Disposition of Seized Public Nuisances (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act provides that a device or material used to violate Code Chapter 481A, 481B, 482, 484A, or 484B, or rules of the Natural Resource Commission, is a public nuisance and subject to seizure by the Department of Natural Resources or any peace officer. The Act also establishes procedures for disposing of the seized property or returning it to persons who claim the seized property.

SENATE FILE 2015 -- Items Deemed Nuisances (Complete summary under LOCAL GOVERNMENT.)

This Act removes cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in cities from a list of items or conditions that constitute a nuisance.

SENATE FILE 2038 -- Mental Incompetency -- Voting (Complete summary under ELECTIONS, ETHICS, & CAMPAIGN FINANCE.)

This Act requires that the clerk of the district court monthly notify the county commissioner of elections of persons who during the preceding calendar month have been legally declared to be mentally incompetent to vote.

SENATE FILE 2073 -- Partial-Birth Abortions (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act prohibits a person from performing a partial-birth abortion relative to a human fetus. The Act provides that the mother, the father, or, if the mother is less than 18 years of age or unmarried at the time of the performance of the partial-birth abortion, a maternal grandparent of the fetus, may bring a civil action against a person violating the criminal provisions of the Act for relief, which includes statutory and compensatory damages.

SENATE FILE 2170 -- Licensing Sanctions for Student Loan Default (Complete summary under EDUCATION.)

This Act directs the Supreme Court to prescribe rules providing for the denial, suspension or revocation of the admission to practice as an attorney and counselor for failure to repay an obligation owed to or collected by the College Student Aid Commission.

SENATE FILE 2259 -- Search Warrant Applications (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act strikes language that requires a magistrate to make a determination of the credibility of information in a search warrant application if the application is based on information from an informant. The magistrate is still required to determine whether the application or sworn testimony in support of the application supports the credibility of the informant or of the informant's information.

SENATE FILE 2313 -- Child Support, Spousal Support, and Related Matters (Complete summary under HUMAN SERVICES.)

This Act includes provisions relating to child support to comply with requirements in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, subsequent technical amendments made to the federal Act in 1997, and other technical changes.

SENATE FILE 2345 -- Juvenile Justice -- Out-of-Home Placement, Termination of Parental Rights, and Adoption (Complete summary under CHILDREN & YOUTH.)

This Act relates to juvenile justice system provisions involving temporary removal of children, child in need of assistance proceedings, foster care, termination of parental rights, and adoption. Many provisions of the Act are to conform with federal requirements in the federal Adoption and Safe Families Act of 1997, Pub. L. No. 105-89. The Act makes other significant changes to Code Chapter 232, Juvenile Justice.

SENATE FILE 2359 -- Citizens' Aide Review of Child Protection System (Complete summary under CHILDREN & YOUTH.)

This Act provides for a review of the state's child protection system by the Office of the Citizens' Aide/Ombudsman. The review is to encompass all aspects of the system including reporting, assessment, child removal, child in need of assistance proceedings, review and appeals, and termination of parental rights. The purpose of the review is to determine whether the current system adequately provides fairness and due process protections for all involved with the system.

SENATE FILE 2367 -- Counties -- Issuance of Marriage Licenses, Birth Registration Fees (Complete summary under LOCAL GOVERNMENT.)

This Act strikes the county fee for birth registration and permits the county recorder to issue a marriage license that will be valid three days from the date of issue.

SENATE FILE 2373 -- Stalking and Harassment -- Criminal History Data and No-Contact Orders (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act provides a procedure for the issuance of a no-contact order in harassment and stalking cases upon the arrest of a person who has allegedly committed the offense of harassment or stalking.

SENATE FILE 2377 -- Probation Procedures -- Sixth Judicial District (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act makes changes to and, on June 30, 2000, sunsets the probation pilot project in the Sixth Judicial District. The pilot project utilizes the services of administrative parole and probation judges, in lieu of district court judges, for purposes of limited decision making in cases in which a person is sentenced to the custody of the Director of the Department of Corrections. The Division of Criminal and Juvenile Justice of the Department of Human Rights is required to conduct an evaluation of the pilot project and submit the evaluation in a report to the General Assembly that convenes in January 2001. The portions of the Act that make changes to the pilot project but do not remove the references to the pilot project take effect May 18, 1998.

SENATE FILE 2383 -- Amusement Ride Rider Safety (Complete summary under STATE GOVERNMENT.)

This Act relates to amusement ride rider safety. The Act provides that a person failing to obey a safety-related requirement listed on a sign displayed at an amusement ride is subject to a civil penalty of $100. The Act specifically provides that the provisions of the Act shall not be construed to preclude any criminal or civil action otherwise available under law.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes many child welfare, child support and juvenile justice items, including foster care, adoption and other child welfare services, funding for court-ordered services for juveniles, directives to juvenile court services, and other provisions involving the juvenile court.

HOUSE FILE 530 -- Assistive Devices (Complete summary under HEALTH & SAFETY.)

This Act provides for an express warranty concerning assistive devices, provides for the replacement of or refund concerning defective assistive devices, and establishes consumer remedies.

HOUSE FILE 667 -- Administrative Procedure Act and Division of Administrative Hearings (Complete summary under STATE GOVERNMENT.)

This Act makes changes to the Iowa Administrative Procedure Act and establishes a Division of Administrative Hearings within the Department of Inspections and Appeals to provide administrative law judges to conduct most administrative hearings. The Act takes effect July 1, 1999, and applies to initial or remanded proceedings commenced on or after that date.

HOUSE FILE 681 -- Environmental Audits (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act relates to privilege and immunity granted to an entity which conducts an environmental audit that meets the criteria provided in this Act.

HOUSE FILE 2246 -- Payment of County Medical Examiners' Fees and Expenses (Complete summary under LOCAL GOVERNMENT.)

This Act establishes a procedure for the collection of fees and expenses incurred by a county medical examiner when a preliminary examination and related services are performed for a decedent who was not a resident of the county.

HOUSE FILE 2290 -- Deer Hunting and Deer Population Control (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act increases the civil penalty for illegally taking antlered deer.

HOUSE FILE 2340 -- Volunteer Health Care Provider Program -- Inclusion of Dental and Certain Medical Services (Complete summary under HEALTH & SAFETY.)

This Act includes dentists in the definition of "health care provider" for purposes of eligibility under the Volunteer Health Care Provider Program. The Act also provides that medical services to be provided under the program are to include obstetrical and gynecological medical services.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act includes an appropriation to the Judicial Department for design and development of a new judicial building and increases the amount of fees that may be retained for technology projects.

HOUSE FILE 2473 -- Farm Mediation (Complete summary under AGRICULTURE.)

This Act amends a number of Code chapters that provide for mediation affecting agricultural products by requiring greater participation by the parties to a dispute.

HOUSE FILE 2496 -- Public Retirement Systems and Related Provisions (Complete summary under STATE GOVERNMENT.)

This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS, Code Chapter 97A), the Iowa Public Employees' Retirement System (IPERS, Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System.

HOUSE FILE 2539 -- Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys for FY 1999 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 $418.5 million reflect an increase in appropriations from the General Fund of the State of approximately $28 million from the FY 1998 appropriations. The Act provides for additional clerk of court positions, a Court Planning Division, and expansion of the Court-Appointed Special Advocate Program. The Act also provides that the maximum deposit amount for the Enhanced Court Collections Fund for FY 1999 shall be increased to $6 million instead of $4 million. The Act also authorizes the Iowa Court of Appeals to meet at a location other than the Supreme Court courtroom in Des Moines from May 21, 1998, until June 30, 1999.

HOUSE FILE 2546 -- Waste Tires and Tire-Derived Fuels (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act relates to financial assurance instruments for waste tires and use of processed waste tires. The Act provides that a generator of waste tires who is identified as being a contributor to the materials which are the object of an abatement is not liable for any of the costs of recovery actions of the abatement if the generator can document full compliance with Code Chapter 455D.

HOUSE FILE 2553 -- Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

This Act relates to and appropriates moneys for the fiscal year beginning July 1, l998, to fund salary adjustments for state appointed, nonelected officers, justices, judges, magistrates, employees subject to collective bargaining agreements, and noncontract employees.

HOUSE FILE 2558 -- Mental Health, Developmental Disability, and Substance Abuse Service, Commitment, and Payment (Complete summary under HUMAN SERVICES.)

This Act affects various provisions involving mental health, developmental disability, and substance abuse treatment. The Act includes provisions for simultaneous filing of applications for substance abuse and serious mental impairment civil commitment. In addition, the time period for appeal of a judicial hospitalization referee's finding is extended from seven to 10 days.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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