Civil Law, Procedure And Court Administration Legislation

SENATE FILE 2100 - Domestic Abuse - Intimate Relationships

SENATE FILE 2141 - Servers of Civil Process - Appointment by Sheriff

SENATE FILE 2286 - Sexually Violent Predators - Civil Commitment

SENATE FILE 2320 - Court Fees - Miscellaneous Changes

HOUSE FILE 518 - Small Claims Jurisdiction

HOUSE FILE 678 - Domestic Relations Action - Mediation - VETOED BY THE GOVERNOR

HOUSE FILE 2190 - Foreign and International Adoption Procedures

HOUSE FILE 2191 - Notarial Acts by Judicial Officers

HOUSE FILE 2339 - Supersedeas Bonds - Statutory Limits - VETOED BY THE GOVERNOR

HOUSE FILE 2531 - Iowa Trust Code Revisions

HOUSE FILE 2539 - Trusts and Estates - Medical Assistance Benefits - Interest Disclaimers - Total Return Unitrusts

HOUSE FILE 2565 - Residential Real Estate Installment Contracts - Disclosure Statements

Related Legislation

SENATE FILE 415 - District Associate Judge Jurisdiction

SENATE FILE 2118 - Human Cloning Prohibition

SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center

SENATE FILE 2134 - Security and State Bank Deposit Accounts - Transfer Upon Death of Owner or Depositor

SENATE FILE 2155 - Life-Sustaining Procedures - Out-of-Hospital Do-Not-Resuscitate Orders

SENATE FILE 2195 - Anatomical Gifts

SENATE FILE 2207 - Conservation Easements

SENATE FILE 2212 - Secured Transactions - Landlord Liens

SENATE FILE 2268 - Regulation, Protection, and Disposition of Animals

SENATE FILE 2275 - Substantive Code Corrections

SENATE FILE 2288 - Temporary or Acting County Attorneys

SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions

SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions

HOUSE FILE 2291 - City Real Estate - Attachment of Judgment Liens

HOUSE FILE 2395 - Support of Dependents - Calculation and Withholding - Medical and Educational Support

HOUSE FILE 2399 - Case Permanency Plans - Foster Children Aged Sixteen or Older

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant's Arrest

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant's Release From Confinement

HOUSE FILE 2532 - Public Retirement Systems

HOUSE FILE 2552 - Child Abuse Assessment Interviews

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions

HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION

SENATE FILE 2100 - Domestic Abuse - Intimate Relationships Full text of Bill
By Committee on Judiciary.

This Act amends Code Chapter 236 to expand the availability of a civil protective order in a domestic abuse situation to persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. Under current law, civil protection from domestic abuse is limited to persons who are married or have been married and who are not currently living together, persons who are the parents of the same minor child, regardless of whether they have been married or have ever lived together, and family or household members 18 or older who are currently living together or who are not currently living together but who have lived together within the past year.

The Act also defines "intimate relationship" for the purposes of Code Chapter 236 as a significant romantic involvement that may or may not include sexual involvement. The Act exempts intimate relationship domestic abuse from domestic abuse assault law in Iowa. The Act further provides that the court may order a person against whom a protective order has been issued to participate in a batterers' treatment program.

The Act provides that a temporary or emergency civil protective order shall be based on a showing of a prima facie case of domestic abuse. If the factual basis for the domestic abuse is contested, the court shall issue the protective order based upon a finding of domestic abuse by a preponderance of the evidence.

SENATE FILE 2141 - Servers of Civil Process - Appointment by Sheriff Full text of Bill
By Committee on Judiciary.

This Act authorizes sheriffs to appoint civil process servers to execute and return writs and other legal process issued to the sheriff by legal authority. The Act provides that the court shall take judicial notice of a civil process server's signature, and that the civil process server's fees shall be collected as provided in Code Section 331.655. The Act further excepts such civil process servers from sheriff or deputy sheriff status.

SENATE FILE 2286 - Sexually Violent Predators - Civil Commitment Full text of Bill
By Committee on Judiciary.

This Act makes numerous changes to the Sexually Violent Predator Act in Code Chapter 229A.

DEFINITIONS. The Act defines "discharge" to mean an unconditional discharge from the Sexually Violent Predator Program. The Act defines "safekeeper" to mean a person who is confined in an appropriate secure facility, but who is not subject to an order of commitment. The Act creates a transitional release program and defines "transitional release" to mean a conditional release from a secure facility with conditions set by the court or the Department of Human Services (DHS).

ANNUAL REVIEW AND FINAL HEARING. The Act and current law provide that a sexually violent predator is entitled to an annual examination of the person's mental abnormality. The Act provides that the court shall conduct an annual review, and if warranted, set a final hearing on the status of the committed person.

Annual Review. The Act provides that the Iowa Rules of Evidence do not apply to an annual review and the sexually violent predator is not entitled to be present at the annual review; however, the person's attorney may be present. The burden is on the sexually violent predator to show by a preponderance of the evidence that competent evidence exists to lead a reasonable person to believe a final hearing should be held to determine that the mental abnormality of the sexually violent predator has so changed that the person is not likely to engage in predatory acts constituting sexually violent offenses if discharged, or that the sexually violent predator is suitable for placement in a transitional release program. If at the time of the annual review the sexually violent predator has filed a petition for discharge or placement in the transitional release program with the permission of the Director of Human Services, the court shall not conduct an annual review but shall set a final hearing on the petition. If at the time of the annual review the sexually violent predator has filed a petition without authorization from the director, the court shall first conduct an annual review to determine if a final hearing is warranted.

Final Hearing. The Act provides that the purpose of the final hearing is to determine whether the mental abnormality of the sexually violent predator has so changed that the person is not likely to engage in predatory acts constituting sexually violent offenses if discharged, or whether the sexually violent predator is suitable for placement in a transitional release program. The Act and current law provide that either party or the court may request a jury to make the determination. The Act provides that if the Director of Human Services has authorized a person to petition for discharge or placement in a transitional release program and the case is before a jury, testimony by a victim of a sexually violent offense committed by the person is not admissible. If the director has not authorized the petition, or the case is before the court, a victim's testimony may be admitted.

TRANSITIONAL RELEASE. The Act establishes a transitional release program that provides for the conditional release of a sexually violent predator. The Act permits DHS or the court to place conditions on such a release. A sexually violent predator is suitable for placement in a transitional release program if all of the following apply: the person is no longer classified as "high risk" to reoffend, significant insights have been achieved in the sex offending cycle, acceptance of responsibility for past behavior and an understanding have been achieved concerning the impact sexually violent crimes have on a victim, a relapse prevention program has been developed, no major discipline reports have been filed during the previous year, the person is not likely to attempt to escape or leave the program, acts constituting a sexually violent offense are not likely to occur, it is in the best interest of the committed person, and a willingness to abide by rules has been demonstrated.

VIOLATIONS OF TRANSITIONAL RELEASE. The Act provides that the treatment staff of a transitional release program may remove a sexually violent predator from the program and transfer the person back to a secure facility for a violation of the conditions of release. The treatment staff may request an ex parte order directing a local law enforcement agency to take the sexually violent predator into custody so the person can be returned to a secure facility. If a sexually violent predator has absconded from the program, DHS, in cooperation with a local law enforcement agency, may make a public announcement about the sexually violent predator. Upon the return of the sexually violent predator to a secure facility, the court shall determine if a violation of a condition of release occurred. If the court determines a violation did occur, the court may order the person to remain confined in a secure facility, or the court may return the person to the transitional release program subject to further terms and conditions.

SUPERVISED RELEASE. The Act and current law provide for release with or without supervision. The Act provides that the court may order release with or without supervision in lieu of discharge if during the annual review or final hearing one of the following occurs: the state and the sexually violent offender stipulate to release with or without supervision, or the court or jury has determined the person should be discharged from the program but the court determines it is in the best interest of the community that the person be released with or without supervision. Within 30 days of ordering release with or without supervision, the court shall have a hearing regarding a release plan prepared by DHS. The Act provides that if the court orders release with supervision, the court shall order supervision by an agency with jurisdiction that is familiar with the placement of criminal offenders in the community. If the person is released without supervision, the agency shall be responsible for initiating proceedings against the sexually violent predator if a violation of the release plan occurs. A person released with or without supervision is not considered discharged from the Sexually Violent Predator Program. The sexually violent predator may petition the court for discharge from the program if released with or without supervision.

VIOLATIONS OF RELEASE WITH OR WITHOUT SUPERVISION. The Act provides that if a violation of the release plan occurs, the agency with jurisdiction may request the district court to issue an emergency ex parte order directing a law enforcement agency to take the sexually violent predator into custody so the person can be returned to a secure facility. If a sexually violent predator has absconded in violation of the release plan, DHS, in cooperation with a local law enforcement agency, may make a public announcement about the sexually violent predator. Upon return of the sexually violent predator to a secure facility, the court shall determine if a violation of the release plan occurred. If the court determines a violation did occur, the court may order the person to remain confined in a secure facility, or the court may place the person in the transitional release program or again release the person with or without supervision subject to further terms and conditions.

TRANSPORT ORDERS. The Act provides that a transport order may only be requested by the court, the state, or the sexually violent predator's attorney. A sexually violent predator may be transported to trial and any other court proceedings if the court authorizes a transport order, and the transportation shall be provided by the sheriff of the county in which the action is brought, or as otherwise agreed to by the parties. A transport order is not necessary to transport a sexually violent predator to a medical facility or to an evaluation. Transportation shall be provided by the county in which the person is confined if requested by DHS.

CRIMINAL OFFENSES COMMITTED WHILE DETAINED OR AFTER DISCHARGE. The Act provides that if a person being detained for commitment or who has been civilly committed commits a crime, the civil commitment proceedings or treatment process shall be suspended until the criminal proceedings, including any term of confinement, are completed. Upon the filing of a criminal complaint, indictment, or information, the person shall be transferred to the county jail in the county where the crime occurred until the criminal proceedings have been completed. If the person is sentenced to a term of confinement in the county jail as a result of the criminal offense, the person shall serve the sentence in the county jail. If the person is sentenced to prison, the person shall serve the sentence at a correctional institution. The person shall not be released from jail or paroled or released to a facility or program located outside the jail or prison other than to a secure facility operated by DHS upon completion of the term of confinement.

ENHANCED SENTENCE FOR SUBSEQUENT CONVICTION. A person who has been placed in a transitional release program, released with or without supervision, or discharged from the program, and who is subsequently convicted of a sexually predatory offense or sexually violent offense, shall be sentenced to life in prison.

DEPARTMENT OF CORRECTIONS. Upon placement of a person accused of being a sexually violent predator in an appropriate secure facility, the Director of the Department of Corrections may determine in which appropriate secure facility the person will be placed and the level of segregation the person will be subjected to while in the placement.

PROTECTIVE ORDER. The Act provides that a victim of a person detained or committed pursuant to Code Chapter 229A may obtain a protective order against a safekeeper or person committed using the same procedures as in Code Section 915.22, relating to civil injunctions to restrain harassment or intimidation of victims or witnesses.

RULEMAKING AUTHORITY. The Act grants rulemaking authority to DHS to administer the Sexually Violent Predator Program.

The Act takes effect April 30, 2002.

SENATE FILE 2320 - Court Fees - Miscellaneous Changes Full text of Bill
By Committee on Ways and Means.

This Act relates to the assessment of court costs by the clerk of court by increasing the filing fee for the following types of cases in the following amounts: most civil petitions, including filings of foreign judgments, bankruptcy, transcripts, and changes of name, from $80 to $100; stipulated modifications of dissolution decrees from $25 to $50; final decrees of dissolutions from $30 to $50; appeals from a judgment in small claims cases from $50 to $75; motions to show cause in civil cases from $25 to $50; mechanic's liens from $10 to $20; agriculture supply dealer's lien from $10 to $20; change of title to real estate from $10 to $20; and small claims actions from $30 to $50. The Act also increases the jury fees assessed as costs in a jury trial from $10 to $100.

HOUSE FILE 518 - Small Claims Jurisdiction Full text of Bill
By Committee on Judiciary.

This Act makes jurisdictional changes to small claims court cases. The Act provides that a small claims court case commenced on or after July 1, 2002, shall not involve damages or value in excess of $5,000. Under existing law, a small claims court case shall not involve damages or value in excess of $4,000. The Act provides that the jurisdictional amount shall revert to $4,000 if a court finds the $5,000 limit unconstitutional. By increasing the jurisdictional amount for small claims court, the Act expands the jurisdiction of a magistrate or district associate judge to hear and assess judgment on certain actions, including county and city violations.

HOUSE FILE 678 - Domestic Relations Action - Mediation - VETOED BY THE GOVERNOR Full text of Bill
By Committee on Judiciary.

This bill would have provided for mandatory participation of parents in mediation or a settlement conference in dissolution of marriage or other domestic relations proceedings that involve custody of a child. The requirement would not have applied if the court determined that a history of domestic abuse existed or if the court determined that direct physical harm or significant emotional harm to the child, other children, or a parent was likely to result.

The bill also would have required that in determining a custody arrangement, on the application of either parent, the court consider granting joint physical care.

The bill also directed the Iowa Supreme Court to prescribe a model parenting agreement to be used in establishing visitation provisions of a custody order, and to prescribe rules for enforcement of parenting agreements. The bill would have taken effect July 1, 2003.

HOUSE FILE 2190 - Foreign and International Adoption Procedures Full text of Bill
By Committee on Human Resources.

This Act relates to foreign and international adoptions. The Act replaces prior law relating to foreign and international adoptions, including the requirement that if an adoption occurred in the minor person's country of origin, an additional adoption must occur in the state in which the adopting parents reside and under the laws of that state, and instead provides that a decree establishing a parent-child relationship by adoption, which is issued pursuant to due process of law by a juvenile court or court of any jurisdiction in the United States or in the minor person's country of origin, is recognized in this state. The Act makes changes related to the process for preparation of birth certificates related to foreign and international adoptions.

The Act takes effect March 29, 2002.

HOUSE FILE 2191 - Notarial Acts by Judicial Officers Full text of Bill
By Committee on Judiciary.

In the 2001 Session, the General Assembly enacted H.F. 259 (2001 Iowa Acts, Chapter 38), amending Code Chapter 9E, regulating notarial officers or other officers authorized to perform notarial acts under statute, including judges. House File 259, in part, created Code Section 9E.6A, requiring the use of stamps or seals. The Code section created an exception for persons performing a notarial act under federal authority. This Act amends that Code section by providing that the exception applies to a notarial act performed by a judicial officer, defined as a supreme court justice, a judge of the court of appeals, a district judge, a district associate judge, an associate juvenile judge, an associate probate judge, or a magistrate, if the notarial act is performed in accordance with state or federal statutory authority.

HOUSE FILE 2339 - Supersedeas Bonds - Statutory Limits- VETOED BY THE GOVERNOR Full text of Bill
By Committee on Judiciary.

This bill would have allowed the State of Iowa or any of its political subdivisions to request the district court, upon a showing of good cause, to stay all proceedings under the order or judgment appealed and waive the requirement that the state or any of its political subdivisions file a supersedeas bond upon appeal to the Iowa Supreme Court.

The bill would have provided that if the judgment or order appealed from was for money, an appeal bond would not exceed any of the following amounts, excluding costs:

1. One hundred percent of the amount of the money judgment, up to and including $1 million.
2. One million dollars, if the amount of the money judgment is in excess of $1 million, up to and including $100 million.
3. Twenty-five million dollars, if the amount of the money judgment is in excess of $100 million.

HOUSE FILE 2531 - Iowa Trust Code Revisions Full text of Bill
By Committee on Judiciary.

This Act provides for a number of amendments to the Iowa Trust Code.

The Act defines "qualified beneficiary" to mean any beneficiary who, on the date the beneficiary's qualification is determined, is eligible to receive income or principal, or would receive property from the trustee upon immediate termination of the trust. The Act makes numerous modifications to the use of the term throughout the Trust Code.

The Act provides that the power to select beneficiaries under the trust must be exercised within a reasonable time or the power fails and the property passes to the person or persons who would have taken the property had the power not been conferred.

The Act permits the court to reform the terms of the trust, even if unambiguous, to conform to the settlor's intent if it is proved by clear and convincing evidence that the settlor's intent and the terms of the trust were affected by a mistake of fact or law whether expressed or induced.

The Act allows extrinsic evidence to be considered in determining to whom to distribute the trust property when a trust with insufficient value to justify continued administration is terminated.

The Act substitutes the term "material" for the term "substantial" when referring to conflicts between the trustee's fiduciary and personal interests. The Act allows the trustee in a capacity other than as trustee to invest in mutual and proprietary funds even where the trustee provides services to the fund. The investment must comply with the prudent investor rule. If the trust pays a fee for these services, the trustee must provide notification. The trustee is also permitted to establish trust funds in the trustee's own banking department.

The Act requires the trustee to keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and the material facts necessary for the qualified beneficiaries to protect their interests, including an annual accounting and a copy of the trust instrument.

The Act provides certain provisions regarding the terms of a trust relating to estate and gift tax consequences.

The Act provides additional trust powers to a trustee, including certain actions necessary to accomplish the proper management, investment and distribution of the trust property; trustee power to make certain discretionary distributions; trustee participation in the operation of a business or other enterprise that is part of the trust property; trustee participation in an employee benefit or retirement plan, annuity, or life insurance; trustee participation in the distribution or division of trust property; trustee participation in any potential environmental law violations in regard to any trust property; trustee participation in dispute resolution concerning the interpretation of the trust; and trustee participation in administering the trust upon termination.

The Act allows a beneficiary to hold a trustee liable for breach of trust, despite a consent, release or affirmance by the beneficiary, if at the time of such consent, release or affirmance, the beneficiary did not know the beneficiary's rights, the beneficiary did not know the material facts known to the trustee or which the trustee should have known, and the trustee did not reasonably believe the beneficiary knew either of the above. The Act further allows a beneficiary to hold a trustee liable for a breach of trust if the beneficiary's consent, release or affirmance was induced by improper conduct on the part of the trustee.

The Act provides that a trustee is personally liable for environmental law violations for torts committed in the course of administering a trust only if the trustee is personally at fault.

The Act provides that the district court has exclusive jurisdiction over proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other actions and proceedings involving a trust and third persons.

The Act provides that notice to a representative is considered to be binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

HOUSE FILE 2539 - Trusts and Estates - Medical Assistance Benefits - Interest Disclaimers - Total Return Unitrusts Full text of Bill
By Committee on Judiciary.

This Act relates to a number of Code revisions involving trusts and estates.

The Act provides that if a medical assistance debt is waived for a surviving spouse of a deceased Medicaid recipient, or for those dependents of the deceased Medicaid recipient who are under the age of 21, blind, or disabled, or a person who is the recipient of a hardship waiver, the debt shall be due from the estate of the recipient's surviving spouse, dependent child who is blind or has a disability, or person who is the recipient of a hardship waiver, upon the death of the spouse, child, or person, or due from a surviving child who was under the age of 21 at the time of the recipient's death upon the child reaching the age of 21.

The Act limits estate recovery of medical assistance debts to life estates that were created by the Medicaid recipient or spouse. Current law allows the Department of Human Services to pursue recovery of medical assistance debts regardless of the person or the entity that created them.

The Act also amends the Probate Code to allow a conservator, upon court order, to exercise the right to make disclaimers on behalf of the ward.

The Act further creates a new subchapter in Code Chapter 637, Iowa's Uniform Principal and Income Act, relating to the total return unitrust. The purpose of the total return unitrust is to provide the trustee of an income trust the option to invest the trust assets in a way that provides income for the current income beneficiaries while maximizing the potential for long-term appreciation in trust assets sufficient to meet the needs of the remainder beneficiaries. The trustee may elect to distribute annually 4 percent of the trust's assets, based upon the fair market value of the trust, to the income beneficiaries regardless of the net income generated. The trustee may elect to distribute between 3 percent and 5 percent of the trust's assets subject to court approval.

The Act also requires the trustee to send written notice to certain persons in regard to any action taken by the trustee related to the trust. The Act applies to all trusts administered in Iowa, whether administered by a corporation or an individual trustee, and also applies to trusts moved into Iowa.

The total return unitrust subchapter takes effect upon the effective date of the Act and applies to trusts in existence on that date or created after that date.

The Act takes effect April 5, 2002.

HOUSE FILE 2565 - Residential Real Estate Installment Contracts - Disclosure Statements Full text of Bill
By Committee on Judiciary.

This Act requires that a person selling real estate pursuant to an installment sales contract prepare and deliver to the contract purchaser a written contract disclosure statement and a copy of the installment sales contract. The contract disclosure statement is required if the contract seller entered into more than four real estate installment sales contracts in the 365 days previous to the seller signing the contract disclosure statement.

The Act requires that the contract disclosure statement contain specified information, including the property tax assessment on the real estate, information on delinquent property taxes or special assessments, information on mortgages or liens on the real estate, an amortization schedule, balloon payment information, the annual rate of interest to be charged under the contract, statements as to the purchaser's rights, mailing addresses of the parties to the contract, and information on forfeiture of the contract. The Act provides that certain lending institutions do not have to provide a contract disclosure statement.

The Act defines "residential real estate" as a residential dwelling containing no more than two single-family dwelling units, which is not located on agricultural land.

The Act provides that the civil remedy for violation of the contract disclosure requirements is recision of the installment sales contract or recovery of a money judgment against the contract seller. The contract purchaser has the burden of proof by a preponderance of the evidence. If a contract purchaser prevails in an action for recision or for a money judgment, the court may also award to the contract purchaser reasonable attorney fees incurred in bringing the action.

The Act provides that a contract seller required to provide a contract disclosure statement shall, in the property disclosure statement, recommend that the buyer obtain an independent home inspection. The Act also requires such a contract seller to provide the property disclosure statement at least seven days before the contract is executed by all parties to the contract. A contract seller who intentionally provides inaccurate information on a contract disclosure statement or on a property disclosure statement is guilty of a fraudulent practice. A contract seller who commits a fraudulent practice is subject to criminal fines and penalties, ranging from a simple misdemeanor punishable by confinement for no more than 30 days or a fine of at least $50 but not more than $500, or both, to a class "C" felony punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.

The Act applies to residential real estate installment sales contracts entered into on or after July 1, 2002, by contract sellers who entered into four or more residential real estate installment sales contracts in the 365 days previous to a contract entered into on or after July 1, 2002.

SENATE FILE 415 - District Associate Judge Jurisdiction
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act permits a district associate court judge to have jurisdiction in any felony arraignment and any proceeding or trial related to class "D" felonies.

SENATE FILE 2118 - Human Cloning Prohibition
SEE HEALTH & SAFETY.
   This Act creates new Code Chapter 707B, the "Human Cloning Prohibition Act." The Act establishes criminal offenses and civil penalties for a person intentionally or knowingly doing any of the following: performing or attempting to perform human cloning; participating in performing or in an attempt to perform human cloning; transferring or receiving a cloned human embryo for any purpose; and transferring or receiving, in whole or in part, any oocyte, human embryo, fetus, or human somatic cell for the purpose of human cloning.

SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center
SEE STATE GOVERNMENT.
   This Act amends provisions of the State Military Code and Iowa Code of Military Justice, creates a statewide mutual aid compact, creates an Iowa National Guard Civil Relief Act, provides for confidentiality of certain records relating to public assets and defense capabilities, exempts the Department of Public Defense from certain service contract requirements and state competitive bidding requirements, and exempts the Iowa Technology Center from anticompetition provisions.

SENATE FILE 2134 - Security and State Bank Deposit Accounts - Transfer Upon Death of Owner or Depositor
SEE BUSINESS, BANKING & INSURANCE.
   This Act removes a six-month time period requirement during which a deposit account of a deceased depositor was subject to the debts of the deceased depositor and Iowa inheritance tax. Proceeds of the deposit account remain subject to the decedent's debts and inheritance tax after payment of the proceeds by the state bank to the persons designated by the decedent to receive the proceeds, but the state bank is not liable for any debts or taxes as a result of making the payment. The Act also defines "security account" as part of the Uniform Transfer on Death Security Registration Act, making such bank and trust accounts eligible for registration in beneficiary form, so that the items in the account pass to the beneficiary at the owner's death, bypassing the probate process.

SENATE FILE 2155 - Life-Sustaining Procedures - Out-of-Hospital Do-Not-Resuscitate Orders
SEE HEALTH & SAFETY.
   This Act provides for the development and use of out-of-hospital do-not-resuscitate orders. The Act provides definitions, including definitions of "emergency medical care provider," "out-of-hospital do-not-resuscitate order," and "resuscitation." The Act also provides the process for issuing an out-of-hospital do-not-resuscitate order, directs the Iowa Department of Public Health to develop a uniform form and personal identifier for the orders, specifies the contents of the form, and establishes the scope and limitations of the order.

SENATE FILE 2195 - Anatomical Gifts
SEE HEALTH & SAFETY.
   This Act relates to the Uniform Anatomical Gift Act. The Act defines "document of gift" to include a written statement attached to or imprinted or noted on a driver's license or nonoperator's identification card and an entry in a donor registry, in addition to the existing forms, which include a card signed by the individual donor, a donor's will, or any other written document used by a donor to make an anatomical gift. The Act provides that valid documents of gift include a driver's license, a nonoperator's identification card, and an entry in a donor registry if the document or entry is certified as being executed in the prescribed manner. The Act also defines "donor registry" to mean the Statewide Organ and Tissue Donor Registry established pursuant to Code Section 142C.18 or a similar registry.

SENATE FILE 2207 - Conservation Easements
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act provides that a conservation easement shall be enforceable during the term of the easement, notwithstanding sections of the Code relating to reversion or use restrictions on land and marketable record title.

SENATE FILE 2212 - Secured Transactions - Landlord Liens
SEE AGRICULTURE.
   This Act amends Code Chapter 570, which provides for landlord liens that now must be perfected as agricultural liens under revised Article 9 of the Uniform Commercial Code (Code Chapter 554).
   This Act provides that a creditor who has filed a financing statement to perfect a landlord's lien under revised Article 9 is not required to file a continuation statement as otherwise required under Code Section 554.9515 in order to retain a perfected status in the collateral.

SENATE FILE 2268 - Regulation, Protection, and Disposition of Animals
SEE AGRICULTURE.
   This Act amends a number of Code chapters providing for the treatment and disposition of animals. The Act amends provisions providing for the regulation of stray dogs and for offenses involving nonlivestock. The Act creates a new Code Chapter 717D, prohibiting contests in which certain animals are engaged in fighting sports. The Act makes a number of changes to Code sections that provide for the rescue of animals other than livestock. It provides that a local authority may rescue and a court may provide for the disposition of a "threatened animal," which is defined to mean an animal that is abused, neglected or tortured. The Act provides that a person responsible for the animal is liable for dispositional expenses, which include expenses incurred by a local authority in rescuing an animal, maintaining the animal, and disposing of the animal. The Act permits a local authority to confiscate a contest animal that is trained with a contest device or is part of a contest event. The contest animal may be rescued and disposed of as neglected livestock or other animal.

SENATE FILE 2275 - Substantive Code Corrections
SEE 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. Changes made include clarifying language relating to obtaining special variances from occupational safety and health standards; changes to language relating to civil penalties assessed against certain licensees under the alcoholic beverages chapter; clarifying language regarding the compensation of owners for property inadvertently destroyed as a result of regulation of activities in an area quarantined because of the presence of infectious and contagious diseases among animals; and language describing the renewal of recording of livestock brands. In provisions governing various agricultural liens, corrections are made in language relating to the enforcement of custom cattle feedlot liens and the definition of the term "personal representative" in the Commodity Production Contract Lien chapter, and the term "owner of the commodity" is also replaced by the term "contractor." Language relating to the confidentiality of reports that include the identity of persons infected with communicable and infectious diseases, language relating to complaints and proceedings against hearing aid dispensers and temporary permit holders, and language regarding the filing of reports regarding psychiatric hospital patients is clarified. Corrections are made in language relating to certain other reports and orders pertaining to persons hospitalized for treatment of mental illness; technical changes are made in the newborn infant custody release procedures; and a clarification is made in language describing combined requirements for child and dependent adult abuse reporters. Changes are also made in language relating to commencement of domestic abuse actions. Changes are made in language relating to the statute of limitations and filing requirements for a petition against an establishment selling pre-need cemetery or funeral merchandise or services, and in language relating to the constructive notice of the filing of a petition for liquidation of a funeral or cemetery services establishment in the county where real property is located. Clarifications are made relating to the Uniform Commercial Code (UCC) chapter, and several internal references and citations are conformed to the changes recommended in the revised UCC Article 9 Model Act. An attestation of marriage and return provision in the Marriage chapter is corrected and corrections are made in language in two notices relating to the filing of medical assistance claims against an estate. The notice provisions for the opening of conservatorships are conformed to the notice provisions for the opening of guardianships, and references to persons who are an "heir" for purposes of intestate succession are stricken from several provisions. A number of citations to the now obsolete third edition are stricken from references to the Iowa Court Rules.

SENATE FILE 2288 - Temporary or Acting County Attorneys
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act relates to the appointment of an acting or temporary county attorney.

SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
SEE APPROPRIATIONS.
   This Act makes, reduces and transfers appropriations for FY 2001-2002 and includes reductions to the appropriations made to the judicial branch that may be attained through reduction of judicial salaries and employee furloughs. The Act takes effect March 1, 2002.

SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions
SEE STATE GOVERNMENT.
   This Act relates to certain regulatory functions. The Act reorganizes duties of the Department of Inspections and Appeals (DIA), transfers the Court Appointed Special Advocate Program from the judicial branch to the DIA, reorganizes the structure of the Department of Natural Resources, provides for legislative review of agencies, and addresses regulation of birth centers.

HOUSE FILE 2291 - City Real Estate - Attachment of Judgment Liens
SEE LOCAL GOVERNMENT.
   This Act allows a city to discharge a judgment lien against city real estate by filing a bond in the amount of the judgment with the district court. The Act also prohibits a judgment lien from attaching to certain city property.

HOUSE FILE 2395 - Support of Dependents - Calculation and Withholding - Medical and Educational Support
SEE HUMAN SERVICES.
   This Act makes changes in the law relating to child support, including those relating to medical support and the calculation of the child support amount relative to receipt by a parent of federal social security disability benefits, postsecondary education subsidy provisions, and adoption of a child receiving child support.

HOUSE FILE 2399 - Case Permanency Plans - Foster Children Aged Sixteen or Older
SEE CHILDREN & YOUTH.
   This Act relates to the requirements of a case permanency plan for a child who is age 16 or older in a court-ordered out?of?home placement.

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant's Arrest
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act allows for the issuance of a no-contact order to protect victims of first, second and third degree sexual abuse, their immediate family members, and other persons who may reside with victims of sexual abuse upon the arrest of a defendant accused of first, second or third degree sexual abuse.

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant's Release From Confinement
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act relates to the issuance of a no-contact order against a defendant convicted of a sexual offense upon the defendant's release from jail or prison.

HOUSE FILE 2532 - Public Retirement Systems
SEE 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 2552 - Child Abuse Assessment Interviews
SEE CHILDREN & YOUTH.
   This Act relates to interviews conducted in association with a child abuse assessment of persons alleged to have committed child abuse.

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions
SEE APPROPRIATIONS.
   This Act relates to compensation and benefits for public officials and employees, county mental health allowed growth, regulatory and other related matters of the state, and makes and reduces appropriations. The Act also permits the cost of summoning jurors to be paid from a revolving fund established in Code. The Act eliminates the requirement that 20 percent of the Court Technology and Modernization Fund be used for alternative dispute resolution and methods to resolve domestic abuse and permits the fund to be used for the Iowa Court Information System.

HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.
   This Act provides FY 2002-2003 appropriations from the General Fund of the State to the executive and judicial branches of state government, reduces or limits standing appropriations, and transfers appropriations. The Act is organized into divisions corresponding to the General Assembly's joint appropriations subcommittees and includes appropriations for the state's justice system and the judicial branch, as well as funding for substance abuse, juvenile justice, and child welfare programs.