1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CIVIL LAW, PROCEDURE & COURT ADMINISTRATION

CIVIL LAW, PROCEDURE & COURT ADMINISTRATION LEGISLATION

SENATE FILE 150 - Judicial Administration(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes several changes governing the duties and responsibilities of clerks of the district court and makes other changes concerning the administration of the judicial system.

Code Sections 125.85 and 229.16 are amended to permit the clerk of the district court to send copies of an order discharging a patient from a substance abuse or mental illness facility by regular, rather than certified, mail.

Code Section 229.21 is amended to provide for an appeal when a magistrate has made a determination that a respondent is seriously mentally impaired or a chronic substance abuser.

Code Section 321A.12 is amended to provide that the clerk of the district court need notify the state Department of Transportation of an unsatisfied civil judgment relating to vehicle financial responsibility only upon written request of the judgment creditor when the judgment obligee fails to satisfy the judgment within 60 days of the judgment.

Code Section 602.5104 is amended to permit the Court of Appeals by its own order to meet at a location other than Des Moines.

New subsection 6 to Code Section 602.8103 gives the clerk of the district court the authority to set off any moneys held by the clerk which are owed to a person against any sum owed to the clerk by that person.

Code Sections 622A.3 and 622A.4 are amended to authorize out of the revolving fund for jury and witness fees and mileage, the payment of interpreter fees in civil cases when a person requiring assistance is indigent and unable to secure an interpreter. The jury and witness revolving fund shall be repaid from the collection of court costs representing interpreter fees paid from the fund.

Code Section 624.37 is amended to eliminate the ability of a prevailing party to acknowledge satisfaction of a judgment by entering it on the court's record or docket. The ability of a prevailing party to acknowledge satisfaction by executing an instrument referring to it, which is duly acknowledged and filed where the judgment is a lien, is retained.

Code Section 631.12 is amended to delete the requirement that a small claims judgment be entered on a space on the original notice first filed.

Code Section 633.29, providing for the creation by the clerk of court of a book known as the probate record, is repealed. Code Sections 633.48 and 633.51 are amended to delete references to the probate record while retaining the requirement of the clerk to file the certified copy received.

Code Section 811.9 is amended to permit the clerk of the district court to enter conviction and judgment when a defendant fails to appear when charged by a uniform citation and complaint.

SENATE FILE 216 - Commitment of Sexually Violent Predators(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 229A, regarding sexually violent predators, and Code Sections 235A.15 and 235A.18, regarding child abuse recordkeeping.

Existing law requires an agency, through the use of a multidisciplinary committee, to give notice to the Attorney General if it appears a person over whom the agency has jurisdiction may meet the definition of a "sexually violent predator" and is within 90 days of being released. If the Attorney General receives such notice, the Attorney General's review committee currently has 75 days to determine if a petition should be filed to civilly commit the person as a sexually violent predator. This Act removes the 75-day filing requirement placed upon the Attorney General after receiving notice that a person may meet the definition of a "sexually violent predator."

The Act also provides the Attorney General or the prosecuting attorney with full investigative powers, before the filing of a petition alleging a person is a sexually violent predator, such as issuing subpoenas and taking depositions during the prosecutor's review process.

In addition, current law requires that if a petition to commit a person as a sexually violent predator is filed, the person accused must have a probable cause hearing within 72 hours to determine if enough evidence exists to proceed with the commitment. The Act provides that the probable cause hearing may be waived or continued beyond the 72-hour limit if good cause is shown and the person is not prejudiced.

After the probable cause hearing or after it is waived, a trial must currently be held within 60 days to determine if a person is a sexually violent predator. The Act changes the time period within which the trial must be held from 60 days to 90 days.

After a person has been civilly committed as a sexually violent predator, if the Director of Human Services determines that the person will not likely commit another offense, the director may petition the court for the person's release. If a court or jury agrees with the director, the court is authorized to release that person. The Act establishes a supervised release program for persons who have been released from a sexually violent predator commitment. The Department of Human Services is responsible for and shall prepare a supervision plan, if the court determines supervised release is necessary. However, an agency that is familiar with supervising offenders' release into the community shall be responsible for such supervision.

The Act also provides the Attorney General with access to certain child abuse records for the purpose of determining whether to file a petition alleging a person is a sexually violent predator or for purposes of committing such a person. In addition, the Act provides that all founded child abuse records that are sealed shall still be made available to the Attorney General for purposes of the prosecutor's review committee's review of records or for committing sexually violent predators. Such sealed data is to be expunged 30 years after sealing, rather than the eight-year period prescribed for other records.

The Act takes effect April 26, 1999.

SENATE FILE 303 - Nonstatutory Liens - Confirmation of Notice to Affected Parties(full text of act)

BY COMMITTEE ON JUDICIARY. This Act requires that, before the clerk of the district court permits the filing of a nonstatutory lien, the clerk must confirm that the required notices have been given to the necessary parties.

SENATE FILE 367 - Child-Custody Jurisdiction and Enforcement(full text of act)

BY COMMITTEE ON JUDICIARY. This Act, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), updates the Uniform Child Custody Jurisdiction Act (UCCJA).

The UCCJA was adopted as law in all 50 states, the District of Columbia and the Virgin Islands. However, in the subsequent 30-year period, federal enactments and litigation have produced inconsistency in application of various provisions of the Act.

In 1980, the federal government enacted the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. 1738A, to address the interstate custody jurisdictional problems that continued to exist after the adoption of the UCCJA. The PKPA mandates that state authorities give full faith and credit to other states' custody determinations, so long as those determinations are made in conformity with the provisions of the PKPA. The PKPA provisions regarding bases for jurisdiction, restrictions on modifications, preclusion of simultaneous proceedings, and notice requirements are similar to those in the UCCJA. There are, however, some significant differences. Inconsistency of interpretation of the UCCJA and the technicalities of applying the PKPA also resulted in a loss of uniformity among the states.

The revisions of the jurisdictional aspects of the UCCJA may be summarized as follows:

Home State Priority. The PKPA prioritizes "home state" jurisdiction by requiring that full faith and credit shall not be given to a child custody determination by a state that exercises initial jurisdiction as a "significant connection state" when there is also a "home state." The UCCJA, however, specifically authorizes a court to accept any of four independent bases of jurisdiction, without prioritization of the four. Under the UCCJA, a court may enforce a significant connection custody determination even if it would deny enforcement of such a custody determination under the PKPA. The UCCJEA reconciles the two statutes by prioritizing "home state" jurisdiction.

Emergency Jurisdiction. The language of the UCCJA does not specify that emergency jurisdiction may be exercised only to protect the child on a temporary basis until the court with appropriate jurisdiction issues a permanent order. Also, the emergency jurisdiction provisions of the UCCJA predated the widespread enactment of state domestic violence statutes. The UCCJEA contains a separate section on emergency jurisdiction that resolves problems created by these omissions.

Exclusive Continuing Jurisdiction for the State That Entered the Decree. The UCCJA does not clearly enunciate that the decree-granting state retains exclusive continuing jurisdiction to modify a decree. The UCCJA also provides no guidance on when a court must determine whether a state has relinquished continuing jurisdiction.

The UCCJEA addresses these issues:

Specification of What Custody Proceedings Are Covered. The definition of "custody proceeding" in the UCCJA does not specify whether the UCCJA applies to neglect, abuse, dependency, wardship, guardianship, termination of parental rights, or protection from domestic violence proceedings. The UCCJEA includes a definition that, with the exception of adoption, includes virtually all cases that can involve custody of or visitation with a child as a "custody determination."

Role of "Best Interests." The jurisdictional scheme of the UCCJA was designed to promote the best interests of the children, when custody was at issue, by discouraging parental abduction and providing that, in general, the state with the closest connections to, and the most evidence regarding, a child should decide that child's custody. The UCCJEA eliminates the term "best interests" to distinguish between the jurisdictional standards and the substantive standards relating to custody and visitation of children.

Other Changes. This Act makes a number of additional amendments to the UCCJA. Many of these changes harmonize the provisions of this Act with those of the federal Uniform Interstate Family Support Act.

One of the major purposes of the revision of the UCCJA is to provide a remedy for interstate visitation and custody cases. There is currently no uniform method of enforcing custody and visitation orders validly entered in another state. In spite of the fact that both the UCCJA and the PKPA direct the enforcement of visitation and custody orders entered in accordance with mandated jurisdictional prerequisites and due process, neither Act provides enforcement procedures or remedies.

This Act provides several methods of enforcement of a custody determination. It provides a simple procedure for registering a custody determination in another state that will allow a party to know in advance whether that state will recognize the party's custody determination. This Act also provides a swift remedy along the lines of habeas corpus. The scope of the enforcing court's inquiry is limited to the issue of whether the decree court had jurisdiction and complied with due process in rendering the original custody decree. No further inquiry is necessary because neither the Act nor the PKPA allows an enforcing court to modify a custody determination.

The enforcing court will also be able to utilize an extraordinary remedy. If the enforcing court is concerned that the parent who has physical custody of the child will flee or harm the child, it may issue a warrant to take physical possession of the child.

Finally, the Act provides a role for public authorities, such as prosecutors, in the enforcement process. This Act does not authorize public authorities to be involved in the action leading up to the custody determination, except when requested by the court, when there is a violation of the Hague Convention on the civil aspects of international child abduction, or when the person holding the child has violated a criminal statute. This Act does not mandate that public authorities be involved in all cases.

SENATE FILE 429 - Mechanics' Liens(full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that if demand on a claimant for acknowledgment of satisfaction of a mechanic's lien is made in writing and personally served on the claimant and the claimant neglects to acknowledge satisfaction for 30 days after the demand, the claimant shall forfeit and pay damages. The Act provides procedures for creating constructive notice of the forfeiture and cancellation of a mechanic's lien upon the failure to acknowledge satisfaction of the lien and upon the failure to commence an action to enforce the lien within 30 days after a demand to commence action is served.

The Act creates an action to challenge a mechanic's lien that may be commenced in either district court or small claims court. The Act provides that any permissible claim or counterclaim meeting subject matter and jurisdictional requirements may be joined with the action. The Act provides for the recording in the mechanic's lien book of the proper amount of the lien or the cancellation of the lien when the court makes such findings. The Act provides that, in an action to enforce a mechanic's lien, if the plaintiff furnished labor or materials directly to the defendant, the prevailing plaintiff may be awarded reasonable attorney fees.

The Act also provides that, in an action to challenge a mechanic's lien filed on an owner-occupied dwelling, the prevailing party may be awarded reasonable attorney fees and actual damages. If the mechanic's lien was filed in bad faith or the supporting affidavit was materially false, the court shall award the owner reasonable attorney fees plus an amount not less than $500 or the amount of the lien, whichever is less.

SENATE FILE 437 - Notification of Mechanics' Liens(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Section 572.33, regarding mechanics' liens on labor and materials furnished to a subcontractor. To be entitled to a lien under the chapter, as amended by the Act, the person supplying labor or materials to a subcontractor must notify the principal contractor of the name, address and telephone number of the supplier and the name of the subcontractor within 30 days of first furnishing the materials, and support the lien claim with a certified statement attesting to the 30-day notification, in addition to all other requirements under the chapter. The notice is required only once per project and covers all materials furnished by the same supplier to the same contractor on the construction project. A principal contractor is not prohibited from requesting information about payments made towards the labor or materials furnished.

The section does not apply to mechanics' liens on single-family or two-family residential dwellings.

HOUSE FILE 38 - Adoption Information Form(full text of act)

BY KREIMAN. This Act eliminates references to a no longer existing federal requirement that an adoption information form completed by the petitioner containing data specified under federal regulations be attached to an adoption petition and attached to a certified copy of the adoption decree.

HOUSE FILE 164 - Open Meetings Violations - Attorney Fees(full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that a court may award both trial and appellate attorney fees to a party who establishes that a governmental body has violated the Open Meetings Law of Code Chapter 21. In 1998, the Iowa Supreme Court determined, based on prior law, that only trial, but not appellate, attorney fees could be awarded if a violation of Code Chapter 21 was established.

HOUSE FILE 222 - Crime Victim Rights(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the victim compensation and the victim restitution subchapters of the Code chapter on victim rights. Code Section 915.84 is amended to provide that the two-year time limitation for applying for crime victim compensation may be waived by the Department of Justice if good cause is shown. Code Section 915.86 is amended to raise the limitation on reimbursable medical expenses from $10,500 to $15,000. Code Section 915.100 is amended to specify that the restitution right described in subsection 2, paragraph "c," of that section refers to the right of restitution contained in Code Section 910.3B (Restitution for Death of Victim).

HOUSE FILE 255 - Child Custody Orders - Visitation Between Siblings(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides that a custody order include a provision which requires custodial parents with more than one child who are both awarded custody of a child to allow visitation between the children. The provision is to be included upon application of either parent if it is reasonable and in the best interest of the children.

HOUSE FILE 448 - Electronic Mail Transmissions - Advertisements(full text of act)

BY COMMITTEE ON COMMERCE AND REGULATION. This Act prohibits a person from using an interactive computer service to initiate the sending of certain bulk electronic mail, frequently referred to as "spamming." The Act applies to a person who sends bulk electronic mail that includes any of the following prohibited acts: uses the name of a third party in the return address field without permission of the third party; misrepresents any information in identifying the point of origin of the transmission path of the electronic mail; does not contain information identifying the point of origin or the transmission path of the electronic mail message; with respect to an unsolicited advertisement, does not, at a minimum, provide an electronic mail address readily identifiable in the advertisement to which the recipient may send a request for declining such electronic mail; or demonstrates a pattern of sending unsolicited advertisements to a recipient who has sent the person a request for declining such electronic mail following a reasonable time, which in no event shall be more than five business days after the receipt by the person of such request.

The Act provides for the recovery of civil damages by a person who is injured as a result of a violation. A recipient of such electronic mail is entitled to receive actual damages, or in lieu of such actual damages, the greater of $10 for each bulk electronic mail message transmitted to the recipient by the violator, or $500. However, if the injured person is an interactive computer service, such service may recover actual damages, or in lieu of such actual damages, the greater of $10 for each bulk electronic mail message transmitted by the violator, or $25,000.

The Act also provides for enforcement of the Act by the Attorney General, and provides that a violation of the Act constitutes a consumer fraud. All powers conferred upon the Attorney General for prosecuting consumer fraud laws are also conferred upon the Attorney General to enforce this Act.

HOUSE FILE 584 - Estates and Trusts - Determination and Distribution of Principal and Income(full text of act)

BY COMMITTEE ON JUDICIARY. This Act enacts the Uniform Principal and Interest Act, as revised by the National Conference of Commissioners on Uniform State Laws in 1997. Certain technical changes have been made to adjust the format of the uniform Act so that it complies with the general style of the Iowa Code.

The new Code chapter created by the Act is divided into subchapters, the nature and contents of which are as follows:

• Subchapter 1 contains the short title of the Act, relevant definitions, and general principles regarding fiduciary duties and the powers of the trustee.
• Subchapter 2 addresses distribution issues at the end of a trust.
• Subchapter 3 addresses apportionment issues at the beginning and the end of income interest.
• Subchapter 4 contains three parts addressing allocation of receipts during the administration of a trust. Part 1 pertains to allocation of receipts from entities. Part 2 addresses receipts that are not normally apportioned but are allocated wholly to principal or income. Part 3 addresses receipts that are normally apportioned between principal and income.
• Subchapter 5 addresses the issue of disbursements during the administration of a trust, including disbursements from principal and from income, in general, as well as certain transfers and the payment of taxes.

The Act contains an applicability provision, making the Act applicable to trusts and estates on or after July 1, 2000, except as provided in the will, the terms of the trust, or in particular sections of the Act. This chapter prevails over any other applicable Code provision.

Code Section 633.103, regarding specified allocations to principal and income, is repealed. Code Section 633.252, regarding collection of rents by the trustee, is appropriately amended.

HOUSE FILE 633 - Child Visitation Rights - Murder of Other Parent(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act prohibits the court from enforcing an existing visitation order when the order was obtained prior to a parent's conviction for first degree murder of the child's other parent, unless enforcement is in the best interest of the child. The Act also prohibits the issuing of an order by the court that awards visitation rights to a child's parent convicted of murder in the first degree of the other parent of the child, unless the court finds that such visitation is in the best interest of the child. The Act also specifies considerations for the court in determining the best interest of the child. Until an order is issued under the circumstances specified in the Act, the Act provides that the child is prohibited from visiting the convicted parent.

HOUSE FILE 647 - Associate Juvenile and Probate Judges(full text of act)

BY COMMITTEE ON JUDICIARY. This Act deals with the appointment, qualifications and retention of full-time associate juvenile judges and full-time associate probate judges.

Code Chapter 46, governing the terms of and retention elections of judges, is amended to include full-time associate juvenile and probate judges. The amendments provide that these judges shall be treated the same as district associate judges in regard to terms in office and retention elections.

Code Section 602.1501 is amended to provide that the General Assembly shall set the salary for full-time associate juvenile and probate judges.

Code Section 602.6104 is amended to provide that the jurisdiction of the district court can be exercised by full-time associate juvenile and probate judges.

New Code Section 602.7103A retains the current law, found in Code Section 602.7103, subsection 1, governing the appointment, qualifications and removal of associate juvenile judges, but limits its application to part-time associate juvenile judges.

New Code Section 602.7103B provides for the appointment and resignation of full-time associate juvenile judges in the same manner as district associate judges. The section provides that the applicable district judges shall appoint a full-time associate juvenile judge from nominees submitted to them by the county magistrate appointing commission. New Code Section 602.7103C provides for the qualifications of these judges and establishes that they shall serve terms, and be subject to retention elections, as provided in Code Chapter 46.

New Code Sections 633.20A, 633.20B and 633.20C provide for associate probate judges in the same manner as the Act provides for associate juvenile judges. Code Section 633.20A provides for the appointment, qualifications and removal of part-time associate probate judges. Code Sections 633.20B and 633.20C provide for the appointment, resignation, qualifications, and terms of full-time associate probate judges in the same manner as the Act provides for full-time associate juvenile judges.

The Act also provides that associate juvenile and probate judges who are full-time as of July 1, 1999, can remain in their positions without going through the appointment process established by this Act and further provides that they shall be subject to a retention election in the year 2000 and every four years thereafter.

HOUSE FILE 660 - Property Exempt From Execution(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes exempt from execution certain retirement benefits and any public assistance benefits of the debtor.

The Act takes effect May 17, 1999.

HOUSE FILE 662 - Estates and Trusts - Miscellaneous Issues(full text of act)

BY COMMITTEE ON JUDICIARY. This Act addresses the Probate Code. The Act limits the warranty a trustee makes regarding the trustor's condition at the time of creation of the trust. The trustee warrants that to the trustee's knowledge, the trustor had no infirmity or disability when the trust was created, rather than the previous warranty that made no reference to the trustee's knowledge. The Act releases certain testamentary trusts from the jurisdiction of the court and exempts certain property transferred from a testamentary trust from certain statutory fees to prohibit a trust from being charged fees after the related estate has already paid court costs. The Act provides that the beneficiary designation by the owner of a custodial independent retirement account controls the distribution of the benefits and the account is not a part of the testamentary disposition of a deceased owner subject to the terms of the will of the owner unless the designated beneficiary of the account is the estate of the owner. The Act requires that a request for a hearing on a notice of disallowance of a claim against an estate must be mailed not only to the personal representative, but also to any attorney of record. The Act strikes language regarding a disclaimer made by a beneficiary, to make it consistent with the antilapse provisions of Code Sections 633.273 and 633.274.

HOUSE FILE 663 - Probate - Iowa Trust Code(full text of act)

BY COMMITTEE ON JUDICIARY. This Act creates a new division in Code Chapter 663, regarding trusts. The provisions of the new division are known as the Iowa Trust Code.

Part 1 contains general provisions, including definitions, rules regarding applicability of the division, and nonapplicability to trusts referenced in certain other chapters of the Code. Part 1 also contains a provision addressing the scope of the Trust Code.

Part 2 contains three subparts. Subpart 1 addresses general rules for the creation and validity of trusts. Subpart 2 addresses modification and termination of trusts. Subpart 3 contains provisions related to spendthrift protection.

Part 3 contains provisions relating to revocable trusts, including provisions addressing the creation, modification and revocation of such trusts.

Part 4 addresses trust administration in seven subparts. Subpart 1 contains provisions relating to the office of trustee, including action by cotrustees, filling vacancies, reimbursement for expenditures, and compensation of trustees. Subpart 2 contains provisions related to the fiduciary duties of trustees. Subpart 3 is the Uniform Prudent Investor Act. Subpart 4 addresses the powers of trustees. Subpart 5 contains provisions related to the liability of trustees to beneficiaries. Subpart 6 addresses the rights of third parties. Subpart 7 addresses rules of trust construction.

Part 5 addresses rules pertaining to charitable trusts.

Part 6 addresses judicial proceedings in three subparts. Subpart 1 addresses issues of jurisdiction and venue. Subpart 2 addresses the judicial proceedings, including judicial intervention and petitions. Subpart 3 addresses settlement agreements and representation of various interests.

Code Section 633.123, the Model Prudent Person Investment Act, is repealed, because part 4, subpart 3, of this Act replaces it with the Uniform Prudent Investor Act. Several corresponding changes are made in various other Code sections.

The Act takes effect July 1, 2000.

HOUSE FILE 713 - Domestic Abuse Protective Orders(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 236, relating to protective orders for domestic abuse.

The Act permits the court to grant an unlimited number of extensions of a protective order if the court finds, after a hearing at which the defendant has the opportunity to be heard, that the defendant still poses a threat to the safety of the victim, the victim's family, or persons residing with the victim.

The allows a person who is protected by a permanent foreign protective order to register the order with the district court in any county where the person may be present, rather than just the county where the person resides.

HOUSE FILE 714 - Name Change - Marriage Licenses(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Section 595.5, relating to the form of name change that a party may choose following marriage. Current Code language permits a party who requests a name change on a marriage license application to adopt only the surname of the other party, a hyphenated surname, or a surname mutually agreed upon by both parties. A person wishing to change to any other form of a name after marriage requires the filing of a formal change of name petition under Code Chapter 674. This Act eliminates the need for a formal change of name action in such cases and provides that a party may indicate on an application for a marriage license the adoption of any name to be used after marriage. A name affixed to the marriage license becomes the legal name of the requesting party after marriage.

The Act also allows a person seeking a name change under Code Chapter 674 to attach certain documents in lieu of the certified copy of the birth certificate currently required to be submitted to the court with the petition for a name change. If the certified copy of a birth certificate is not available, the petitioner is required to state the reason for the unavailability in the petition and is to provide an alternative form of identification, which may be a document provided by the U.S. Immigration and Naturalization Service.

RELATED LEGISLATION

SENATE FILE 67 -- Illegal Taking of Swans or Cranes - Damages (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act authorizes the imposition of a civil penalty of $1,500 for each crane or swan illegally taken.

SENATE FILE 136 -- Tax Administration and Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state and local tax law. The Act changes the civil penalty for failure to keep records, selling cigarettes without a valid permit, making a false or incomplete report, or failing to abide by rules of the Department of Revenue and Finance.

SENATE FILE 193 -- Guardians Ad Litem for Children in Juvenile Court (Complete summary under CHILDREN & YOUTH.)

This Act makes changes in the duties applicable to a guardian ad litem appointed to represent a child's interests in juvenile court.

SENATE FILE 248 -- Acquired Immune Deficiency Syndrome - Miscellaneous Provisions (Complete summary under HEALTH & SAFETY.)

This Act replaces the statute pertaining to acquired immune deficiency syndrome (AIDS), currently divided into subchapters, with a new chapter that combines the subchapters and makes changes to the chapter. The Act contains the specific civil penalty of $1,000 for a care provider who intentionally or recklessly makes an unauthorized disclosure of medical information.

SENATE FILE 287 -- Foster Care Placements and Plans - Child Abuse Information - Decategorization Plans (Complete summary under CHILDREN & YOUTH.)

This Act relates to child welfare provisions and affects voluntary court-ordered foster care placements of children with mental retardation or other developmental disability.

SENATE FILE 335 -- Real Estate Transfers - Mortgage Releases (Complete summary under STATE GOVERNMENT.)

This Act provides that a duly authorized officer or employee of the Title Guaranty Division in the Iowa Finance Authority may execute and record a certificate of release in each county in which a mortgage is recorded under certain circumstances. The Act also provides that in addition to any other remedy provided by law, if the division wrongfully or erroneously records a certificate of release, the division is liable to the mortgagee and mortgage servicer for actual damages sustained due to the recording of the certificate of release. In addition, if a mortgagee, or a mortgagee's personal representative or assignee, upon full performance of the conditions of the mortgage, fails to discharge such mortgage within 30 days after a request for discharge, the mortgagee is liable to the mortgagor and the mortgagor's heirs or assigns, for all actual damages caused by such failure, including reasonable attorney fees.

SENATE FILE 337 -- Landlord and Tenant Relations - Abandoned and Valueless Property (Complete summary under LOCAL GOVERNMENT.)

This Act provides for the transfer of title of a valueless abandoned mobile home to a mobile home park owner or a third party for removal or other disposition and establishes requirements relating to giving notice between a landlord and tenant. The Act takes effect on May 26, 1999.

SENATE FILE 405 -- Year 2000 Liability Limitation - VETOED BY THE GOVERNOR (Complete summary under BUSINESS, BANKING & INSURANCE.)

This bill would have limited the liability of financial institutions, public utilities, and other persons, except for persons who have manufactured or produced for sale or modified for resale any information technology, for a claim based upon a year 2000 problem.

SENATE FILE 436 -- Livestock Marketing Practices - Packers (Complete summary under AGRICULTURE.)

This Act regulates practices engaged in by meatpackers ("packers") when purchasing livestock and directs the Department of Agriculture and Land Stewardship to consult with the Attorney General when adopting rules necessary to administer the Act. The Act provides for enforcement by the Attorney General, authorizing the Attorney General to seek injunctive relief or subpoenas and enforce civil penalties. Effective July 1, 2000, a packer who fails to file a timely, accurate or complete purchase report is subject to a civil penalty of not more than $5,000 for each offense; and a packer who fails to post a timely, accurate or complete purchase notice is subject to a civil penalty of not more than $1,000 for each offense.

SENATE FILE 451 -- Indigent Defense (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act makes changes pertaining to the payment of costs of indigent persons in criminal, juvenile, postconviction, contempt, and certain other civil actions. The duties and authority of the State Public Defender are also expanded under the Act.

SENATE FILE 468 -- Appropriations - Justice System (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys for FY 1999-2000 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 Branch, State Public Defender, Iowa Law Enforcement Academy, Department of Public Defense, and the Department of Public Safety, and contains related statutory provisions. The total appropriations to the justice system of $459.2 million reflect an increase of approximately $31 million from the FY 1999 appropriations. The Act provides funding for three additional Court of Appeals judges, and staff, and authorizes four additional district court judges. The maximum deposit amount for the Enhanced Court Collections Fund for FY 2000 is increased to $5 million instead of $4 million. The Judicial Branch is directed to conduct a study on the method of allocating district court judges and district associate judges and to submit a report with findings and recommendations to the General Assembly by January 1, 2000.

SENATE FILE 473 -- Tax Administration - Additional Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state tax law and provides that persons being prosecuted for tax violations such as sales, withholding, motor fuel, and use tax arising out of operation of a business may be prosecuted where the business operates rather than in each person's county of residence. In addition, the Act provides that venue for drug tax stamp violation is either in the county of the person's residence or the county in which the drugs were located.

SENATE FILE 482 -- Tobacco Product Manufacturers - Settlement Agreement (Complete summary under HEALTH & SAFETY.)

This Act provides for enactment of the model statute included in the Master Settlement Agreement (MSA), entered into on November 23, 1998, by 46 states and Brown and Williamson Tobacco Corporation, Lorillard Tobacco Company, Phillip Morris Incorporated, Commonwealth Tobacco, R.J. Reynolds Tobacco Company, and Liggett and Myers, among others. One portion of the MSA is a model statute each state is encouraged to enact as a precautionary measure in being awarded the maximum amount of payment due the state. The Act takes effect May 20, 1999.

HOUSE FILE 172 -- Adoption Procedures (Complete summary under CHILDREN & YOUTH.)

This Act makes changes relating to adoption investigations, reports and counseling.

HOUSE FILE 281 -- Bail Enforcement Limitations - Exempt Agents (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act entitles an individual who works as a bail enforcement agent exclusively for one employer, in connection with the bail bond business of that employer, to operate as a bail enforcement agent, although not individually licensed.

HOUSE FILE 322 -- Production of Agricultural Commodities (Complete summary under AGRICULTURE.)

This Act provides for the production and purchasing of agricultural commodities by regulating contracts for the production of agricultural commodities. In part, the Act prohibits enforcement of a provision in a contract for the production of a commodity if the provision requires that information contained in the contract be kept confidential. The Act establishes a new Code Chapter 579B, which creates a lien upon commodities produced at the contract producer's contract operation under a production contract in favor of the contract producer. The Act also amends Code Chapter 579A, which establishes a lien on cattle maintained at a custom cattle feedlot in favor of the custom cattle feedlot operator. Generally, the amendments are consistent with provisions contained in new Code Chapter 579B. The Act takes effect May 24, 1999.

HOUSE FILE 387 -- Taxpayer Communications - Confidentiality (Complete summary under TAXATION.)

This Act creates the privilege of confidentiality for state tax purposes for those individuals authorized to practice before the Internal Revenue Service and provide state tax advice.

HOUSE FILE 497 -- Public Health - Miscellaneous Programs and Issues (Complete summary under HEALTH & SAFETY.)

This Act provides for several changes related to the administration of programs under the purview of the Iowa Department of Public Health and health-related professional licensing and regulatory boards. The Act defines "court of competent jurisdiction" for the purposes of inspection of an original certificate of birth, based upon an adoption. The Act also adds biological parent to the list of persons entitled to be informed of which court issued an adoption order and directs the department to establish a voluntary adoption registry through which adult adoptees, their siblings, and biological parents could register to reveal the identity of each other. The registry would only reveal information to those persons who have mutually consented to participate. The State Registrar is to establish a filing fee to support the costs associated with the registry.

HOUSE FILE 588 -- Telecommunications - Service Changes (Complete summary under ENERGY & PUBLIC UTILITIES.)

This Act creates new Code Section 476.103 and new Code Chapter 714D, relating to unauthorized provision of or changes in telecommunications services, and to fraudulent acts associated with the lease, sale or advertisement of telecommunications service, or with the solicitation of authority to provide or execute a change of telecommunications service or provider.

HOUSE FILE 624 -- Electronic Commerce Security (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act creates new Code Chapter 554C, relating to electronic commerce security. The Act prohibits a person from knowingly creating, publishing, altering, or otherwise using a certificate for a fraudulent or other unlawful purpose. The Act also prohibits a person from knowingly misrepresenting the person's identity or authorization in requesting or accepting a certificate or in requesting suspension or revocation of a certificate. A person who suffers a loss resulting from the violation has a civil cause of action.

HOUSE FILE 659 -- Identity Theft (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act creates the new crime of identity theft. The Act establishes a civil remedy for the victims of identity theft against the perpetrator, in addition to any criminal sanctions that may be imposed. A victim of identity theft may sue the perpetrator of an identity theft for $1,000 or up to three times the amount of actual damages, whichever is greater, and for reasonable attorney fees and court costs.

HOUSE FILE 700 -- Unpaid Charges for City Water, Sewage, and Solid Waste Services (Complete summary under ENERGY & PUBLIC UTILITIES.)

This Act amends provisions relating to city utility or enterprise service accounts that become delinquent. The Act provides for withholding service from a delinquent account holder and eliminates the lien on residential rental property for unpaid rates or charges associated with water service to such property under certain circumstances.

HOUSE FILE 761 -- Child Care - Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)

This Act makes numerous changes to child care provisions administered by the Department of Human Services and includes authority for county attorneys to file injunctions to restrain persons from providing child care in violation of state law.

HOUSE FILE 773 -- Child Support Enforcement - Miscellaneous Provisions (Complete summary under HUMAN SERVICES.)

This Act relates to child support enforcement, including subsidies provided to permanent guardians of children, income withholding orders procedures, and payments to financial institutions for conducting data matches.

HOUSE FILE 781 -- Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

This Act appropriates $52,800,000 for the fiscal year beginning July 1, 1999, to fund salary adjustments for certain state elected officers; state appointed, nonelected officers; justices; judges; magistrates; employees subject to collective bargaining agreements; and noncontract employees.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: SAT July 10 1999
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