House File 654 H-1244 Amend the amendment, H-1206, to House File 654, as follows: 1 1. Page 9, after line 24 by inserting: 2 < DIVISION ___ 3 EXTREME RISK PROTECTIVE ORDERS 4 Sec. ___. Section 664A.1, subsection 2, Code 2023, is 5 amended to read as follows: 6 2. a. “Protective order” means a protective order issued 7 pursuant to chapter 232 , a court order or court-approved 8 consent agreement entered pursuant to this chapter or chapter 9 235F , a court order or court-approved consent agreement entered 10 pursuant to chapter 236 or 236A , including a valid foreign 11 protective order under section 236.19, subsection 3 , or section 12 236A.19, subsection 3 , a temporary or permanent protective 13 order or order to vacate the homestead under chapter 598 , or an 14 order that establishes conditions of release or is a protective 15 order or sentencing order in a criminal prosecution arising 16 from a domestic abuse assault under section 708.2A or older 17 individual assault under section 708.2D , or a civil injunction 18 issued pursuant to section 915.22 . 19 b. “Protective order” does not include a protective order 20 issued pursuant to chapter 664B. 21 Sec. ___. NEW SECTION . 664B.1 Definitions. 22 As used in this chapter unless the context otherwise 23 requires: 24 1. “Affidavit” means a written declaration or statement of 25 fact made under oath, or legally sufficient affirmation, before 26 any person authorized to administer oaths within or without the 27 state. 28 2. “Family member” means a spouse, person cohabiting, a 29 parent, or other person related by consanguinity or affinity. 30 3. “Firearm” includes ammunition and any offensive weapon. 31 4. “Intimate relationship” means the same as defined in 32 section 235E.1. 33 5. “Plaintiff” means a family member, a person with whom the 34 respondent is having an intimate relationship with, or a peace 35 -1- H 1206.1700 (3) 90 js/rh 1/ 15 #1.
officer who files a petition under this chapter. 1 6. “Possession” includes ownership, custody, or control. 2 7. “Respondent” means a person against whom a protective 3 order is filed under this chapter. 4 Sec. ___. NEW SECTION . 664B.2 Extreme risk protective order 5 —— petition. 6 1. A plaintiff may file a petition in the district court 7 requesting an extreme risk protective order. Venue shall lie 8 in the county where either party resides. The petition shall 9 contain all of the following: 10 a. Name of the plaintiff and the name and address of the 11 plaintiff’s attorney, if any. If the plaintiff is proceeding 12 pro se, the petition shall state a mailing address for the 13 plaintiff. A mailing address may be provided by the plaintiff 14 pursuant to section 664B.6. 15 b. A statement of facts alleging the respondent presents 16 a significant danger to the respondent’s self or others by 17 possessing, shipping, transporting, or receiving firearms 18 accompanied by an affidavit stating the specific statements, 19 actions, or facts that give rise to the reasons the respondent 20 presents a significant danger to the respondent’s self or 21 others by possessing, shipping, transporting, or receiving 22 firearms. 23 c. The location, type, and number of firearms the plaintiff 24 believes are possessed by the respondent. 25 d. Whether the respondent is subject to a current protective 26 order or a no-contact order. 27 e. Whether any legal proceeding is pending between the 28 plaintiff and respondent, and if so, the nature of the legal 29 proceeding. 30 f. Desired relief, including a request for temporary or 31 emergency orders. 32 2. The filing fee and court costs for an extreme risk 33 protective order shall be waived for the plaintiff. 34 3. The clerk of the district court, the sheriff of any 35 -2- H 1206.1700 (3) 90 js/rh 2/ 15
county in this state, or any peace officer, or corrections 1 officer shall perform their duties relating to service of 2 process without charge to the plaintiff. When an order for 3 an extreme risk protective order is entered by the court, the 4 court may direct the respondent to pay to the clerk of court 5 the fees for the filing of the petition and reasonable costs of 6 service of process if the court determines the respondent has 7 the ability to pay the plaintiff’s fees and costs. In lieu of 8 personal service of a protective order issued pursuant to this 9 section, the sheriff of any county in this state, and other law 10 enforcement and corrections officers may serve a respondent 11 with a short-form notification pursuant to section 664B.3. 12 Sec. ___. NEW SECTION . 664B.3 Short-form notification. 13 1. In lieu of personal service of an extreme risk protective 14 order or an emergency extreme risk protective order on a 15 respondent whose firearms are to be surrendered by such an 16 order, a sheriff of any county in this state or any peace 17 officer or corrections officer in this state may serve the 18 respondent with a short-form notification pursuant to this 19 section to effectuate service of an unserved order. 20 2. Service of a short-form notification under this section 21 shall be allowed during traffic stops and other contacts with 22 the respondent by a sheriff, peace officer, or corrections 23 officer in this state in the course of performing official 24 duties. The respondent may be detained for a reasonable period 25 of time to complete the short-form notification process. 26 3. When the short-form notification process is complete, 27 the sheriff, peace officer, or corrections officer serving the 28 notification shall file a copy of the notification with the 29 clerk of the district court. The filing shall indicate the 30 date and time the notification was served on the respondent. 31 4. The short-form notification shall be on a form 32 prescribed by the state court administrator. The state court 33 administrator shall prescribe rules relating to the content 34 and distribution of the form to appropriate law enforcement 35 -3- H 1206.1700 (3) 90 js/rh 3/ 15
agencies in this state. The form shall include but not be 1 limited to all of the following statements: 2 a. The respondent shall immediately surrender all firearms 3 in the respondent’s possession and any permit to carry weapons 4 or permit to acquire in the possession of the respondent. 5 b. The respondent is responsible for obtaining a full copy 6 of the extreme risk protective order or emergency extreme risk 7 protective order from the county sheriff of the county in which 8 the order was entered or from the clerk of the district court. 9 c. The terms and conditions of the extreme risk protective 10 order or emergency extreme risk protective order are 11 enforceable, and the respondent is subject to arrest for 12 violating the protective order. 13 Sec. ___. NEW SECTION . 664B.4 Plaintiffs proceeding pro se 14 —— provision of forms and assistance. 15 1. The department of justice shall prescribe standard forms 16 to be used by a plaintiff proceeding pro se when filing a 17 petition under this chapter. The standard forms shall include 18 language in fourteen point boldface type. Standard forms 19 prescribed by the department shall be the exclusive forms used 20 by a plaintiff proceeding pro se, and may be used by other 21 plaintiffs. The department shall distribute the forms to the 22 clerks of the district courts. 23 2. The clerk of the district court shall furnish the 24 required forms to plaintiffs seeking an extreme risk protective 25 order through pro se proceedings pursuant to this chapter. 26 Sec. ___. NEW SECTION . 664B.5 Assistance by county 27 attorney. 28 A county attorney’s office may provide assistance to a 29 plaintiff wishing to initiate proceedings pursuant to this 30 chapter or to a plaintiff at any stage of a proceeding under 31 this chapter, if the plaintiff does not have sufficient funds 32 to pay for legal assistance and if the assistance does not 33 create a conflict of interest for the county attorney’s office. 34 The assistance provided may include but is not limited to 35 -4- H 1206.1700 (3) 90 js/rh 4/ 15
assistance in obtaining or completing forms, filing a petition 1 or other necessary pleading, presenting evidence to the court, 2 and enforcing the orders of the court entered pursuant to this 3 chapter. Providing assistance pursuant to this section shall 4 not be considered the private practice of law for the purposes 5 of section 331.752. 6 Sec. ___. NEW SECTION . 664B.6 Plaintiff’s address —— 7 confidentiality of records. 8 1. A plaintiff may use any of the following addresses as a 9 mailing address for purposes of filing a petition under this 10 chapter: 11 a. The mailing address of a shelter or other agency. 12 b. A public or private post office box. 13 c. Any other mailing address, with the permission of the 14 resident of that address. 15 2. A plaintiff shall report any change of address, whether 16 designated according to subsection 1 or otherwise, to the clerk 17 of the district court no more than five days after the previous 18 address on record becomes invalid. 19 3. The entire file or a portion of the file under this 20 chapter shall be sealed by the clerk of the district court as 21 ordered by the court to protect the privacy interest or safety 22 of any person. 23 4. Notwithstanding subsection 3, court orders shall remain 24 public records, although the court may order that address and 25 location information be redacted from the public records. 26 Sec. ___. NEW SECTION . 664B.7 Hearing. 27 1. Not less than five and not more than fifteen days after 28 commencing a proceeding and upon notice to the other party, 29 a hearing shall be held at which the plaintiff must prove by 30 a preponderance of the evidence that the respondent presents 31 a significant danger to the respondent’s self or others by 32 possessing, shipping, transporting, or receiving firearms. 33 2. Upon hearing, if the court finds by a preponderance of 34 the evidence that the respondent poses a significant danger 35 -5- H 1206.1700 (3) 90 js/rh 5/ 15
to the respondent’s self or others by possessing, shipping, 1 transporting, or receiving firearms, the court shall issue an 2 extreme risk protective order for a period of one year. 3 3. In determining whether grounds for an extreme risk 4 protective order exist, the court may consider any relevant 5 evidence including but not limited to the following: 6 a. A recent act or threat of violence by the respondent 7 against the respondent’s self or others, and whether such 8 violence or threat involves a firearm. 9 b. A pattern of acts or threats of violence against the 10 respondent’s self or others within the preceding twelve months 11 of the filing of the petition. 12 c. Any serious mental impairment of the respondent. 13 d. Any violation of a no-contact order issued for violations 14 or alleged violations of sections 708.2A, 708.7, 708.11, 709.2, 15 709.3, and 709.4, and any other public offense for which there 16 is a victim. 17 e. Any violation of a protective order issued in a civil 18 proceeding under chapter 232, 235F, 236, 236A, 598, or 915. 19 f. The issuance of a previous extreme risk protective order 20 against the respondent under this chapter. 21 g. A violation of a previous extreme risk protective order 22 issued against the respondent under this chapter. 23 h. A conviction of the respondent for a crime that 24 constitutes domestic abuse assault in violation of section 25 708.2A. 26 i. The possession of or access to a firearm, or the intent 27 to possess a firearm by the respondent. 28 j. The unlawful or reckless use, display, or brandishing of 29 a firearm by the respondent. 30 k. Any history of use, attempted use, or threatened use of 31 physical force by the respondent against another person, or the 32 respondent’s history of stalking or harassing another person. 33 l. Any prior arrest of the respondent for a felony offense 34 or violent crime. 35 -6- H 1206.1700 (3) 90 js/rh 6/ 15
m. Evidence of abuse of a controlled substance or alcohol 1 by the respondent. 2 n. Evidence of recent acquisition of a firearm by the 3 respondent. 4 4. The court may: 5 a. Examine under oath the plaintiff, the respondent, and 6 any witnesses that the plaintiff or respondent produces, or 7 in lieu of examination, consider affidavits of the plaintiff, 8 the respondent, or any witnesses the plaintiff or respondent 9 produces. 10 b. Ensure that a reasonable search has been conducted for 11 criminal history records relating to the respondent. 12 5. During the hearing, the court may order a substance abuse 13 evaluation. 14 6. An extreme risk protective order shall include all of the 15 following: 16 a. A statement of the grounds supporting the issuance of the 17 order. 18 b. The date and time the order was issued. 19 c. The date and time the order expires. 20 d. Whether a substance abuse evaluation is required. 21 e. Whether a responsive pleading may be filed. 22 f. A description of the firearms to be surrendered. 23 g. An extreme risk protective order shall contain the 24 following statement in substantially the same form: 25 To the subject of this protective order: This order remains 26 effective until the date and time noted above. If you have not 27 done so already, you must surrender to the (insert the name of 28 a local law enforcement agency with jurisdiction) all firearms 29 in your possession, custody, or control and surrender any 30 permit to carry weapons or permit to acquire in your possession 31 to such agency. You shall not have in your possession a 32 firearm, or ship, transport, or receive, or attempt to ship, 33 transport, or receive such a firearm while this order is in 34 effect. You have the right to request one hearing to terminate 35 -7- H 1206.1700 (3) 90 js/rh 7/ 15
this order during each twelve-month period that this order is 1 in effect, starting from the date of this order and continuing 2 through any extension of the order. If the order requires 3 a substance abuse evaluation, you must first obtain such 4 evaluation and disclose the results of the evaluation to the 5 court prior to requesting a hearing. 6 7. If a hearing is continued, the court may make or extend 7 any order issued under subsection 2 that it deems necessary. 8 8. Upon the application of a party, the court shall issue 9 subpoenas requiring attendance and testimony of witnesses and 10 production of papers. 11 9. The court shall advise the respondent of a right to be 12 represented by counsel of the respondent’s choosing and to have 13 a continuance to secure counsel. 14 10. If applicable, the court shall determine whether the 15 respondent has had sufficient opportunity to surrender the 16 respondent’s firearms after service of an emergency extreme 17 risk protective order issued under section 664B.8. 18 11. Hearings shall be recorded. 19 Sec. ___. NEW SECTION . 664B.8 Emergency extreme risk 20 protective order. 21 1. A plaintiff may request that an emergency extreme risk 22 protective order be issued before a hearing for an extreme 23 risk protective order under section 664B.7, without notice 24 to the respondent, by including in the petition detailed 25 allegations based on personal knowledge that the respondent 26 poses a significant danger to the respondent’s self or others, 27 in the near future, by possessing, shipping, transporting, or 28 receiving firearms. 29 2. In considering whether to issue an emergency extreme risk 30 protective order under this section, the court shall consider 31 all relevant evidence described in section 664B.7, subsection 32 3. 33 3. If the court finds there is good cause to believe that 34 the respondent poses a significant danger to the respondent’s 35 -8- H 1206.1700 (3) 90 js/rh 8/ 15
self or others, in the near future, by possessing, shipping, 1 transporting, or receiving firearms, the court shall issue an 2 emergency extreme risk protective order. 3 4. The court shall hold an emergency extreme risk protective 4 order hearing in person or by telephone on the day the petition 5 is filed. 6 5. When the court is unavailable from the close of business 7 at the end of the day or week to the resumption of business 8 at the beginning of the day or week, a petition may be filed 9 before a district judge, or district associate judge designated 10 by the chief judge of the judicial district, who may grant 11 emergency relief under this section, if the district judge 12 or district associate judge finds there is good cause to 13 believe that the respondent poses a significant danger to the 14 respondent’s self or others, in the near future, by possessing, 15 shipping, transporting, or receiving firearms. 16 6. An emergency extreme risk protective order shall include 17 the following: 18 a. A statement of the grounds supporting the issuance of the 19 order. 20 b. The date and time the order was issued. 21 c. The date and time the order expires. 22 d. Whether a responsive pleading may be filed. 23 e. A description of the firearms to be surrendered. 24 f. The date and time of the scheduled hearing. 25 g. An emergency extreme risk protective order shall contain 26 the following statement in substantially the same form: 27 To the subject of this protective order: This order remains 28 effective until the date and time noted above. If you have not 29 done so already, you must immediately surrender to the (insert 30 the name of a local law enforcement agency with jurisdiction) 31 all firearms in your possession, custody, or control, and 32 surrender any permit to carry weapons or permit to acquire 33 in your possession to such agency. You shall not have in 34 your possession a firearm, or ship, transport, or receive, or 35 -9- H 1206.1700 (3) 90 js/rh 9/ 15
attempt to ship, transport, or receive such a firearm while 1 this order is in effect. A hearing will be held on the date 2 and time noted above to determine if an extreme risk protective 3 order shall be issued. Failure to appear at that hearing may 4 result in a court entering an extreme risk protective order 5 against you that is valid for a period of one year. You may 6 seek the advice of an attorney as to any matter connected with 7 this order. 8 7. An emergency extreme risk protective order issued under 9 this section shall expire upon the issuance of an extreme 10 risk protective order under section 664B.7 or if the court 11 determines at a hearing on the petition for an extreme risk 12 protective order under section 664B.7 that the plaintiff 13 has not proven by a preponderance of the evidence that the 14 respondent presents a significant danger to the respondent’s 15 self or others by possessing, shipping, transporting, or 16 receiving firearms. 17 8. An emergency extreme risk protective order shall be 18 served by the sheriff of any county in this state, a peace 19 officer, or a corrections officer in the same manner provided 20 in section 664B.2 for the service of the notice and petition, 21 and shall be served concurrently with such notice of hearing 22 and petition, if possible. Alternatively, an emergency 23 extreme risk protective order may be served using short-form 24 notification pursuant to section 664B.3, and shall be served 25 concurrently with the notice of hearing and petition, if 26 possible. 27 Sec. ___. NEW SECTION . 664B.9 Notice of extreme risk 28 protective order or emergency extreme risk protective order. 29 1. The clerk of the district court or other person 30 designated by the court shall provide a copy of the extreme 31 risk protective order or the emergency extreme risk protective 32 order to the plaintiff. 33 2. The clerk of the district court shall provide a notice 34 and copy of the protective order to the appropriate law 35 -10- H 1206.1700 (3) 90 js/rh 10/ 15
enforcement agencies and the twenty-four-hour dispatcher for 1 the law enforcement agencies in the same manner as provided in 2 section 235F.6, 236.5, or 236A.7, as applicable. The clerk 3 of the district court shall provide a notice and copy of a 4 termination or extension of the protective order in the same 5 manner. 6 Sec. ___. NEW SECTION . 664B.10 Termination or extension of 7 order. 8 1. The respondent may request a hearing to terminate 9 an extreme risk protective order issued under this chapter 10 during the twelve-month period that the order is in effect, 11 starting from the date of the order and continuing through any 12 extensions. 13 a. Upon receipt of a request for a hearing to terminate 14 an extreme risk protective order, the court shall set a date 15 for a hearing. Notice of the request shall be served on the 16 plaintiff. The hearing shall occur no sooner than fourteen 17 days and no later than thirty days from the date of service of 18 the request upon the plaintiff. 19 b. The respondent shall have the burden of proving by a 20 preponderance of the evidence that the respondent does not pose 21 a significant danger to the respondent’s self or others by 22 possessing, shipping, transporting, or receiving firearms. 23 c. If the court finds after the hearing that the respondent 24 has met the burden of proof, the court shall terminate the 25 extreme risk protective order. 26 2. A family member may, by motion, request an extension 27 of an extreme risk protective order within ninety days of the 28 expiration of the order. 29 a. Upon receipt of a motion to extend an extreme risk 30 protective order, the court shall order the hearing be held no 31 earlier than fourteen days from the date of the motion. 32 b. In considering whether to extend the extreme risk 33 protective order under this section, the court shall consider 34 all relevant evidence described in section 664B.7, subsection 35 -11- H 1206.1700 (3) 90 js/rh 11/ 15
3. 1 c. If the court finds by a preponderance of the evidence 2 that the requirements for issuance of an extreme risk 3 protective order continue to be met, the court shall extend 4 the order. However, if, after notice, the motion to extend is 5 uncontested and the plaintiff does not seek a modification of 6 the existing order, the order may be extended on the basis of 7 the plaintiff’s motion or affidavit stating that there has been 8 no material change in relevant circumstances since entry of the 9 protective order. 10 Sec. ___. NEW SECTION . 664B.11 Firearms and firearm permits 11 —— surrender. 12 1. Upon the issuance of an extreme risk protective order 13 or an emergency extreme risk protective order, the court shall 14 order the respondent to immediately surrender to the law 15 enforcement agency named in the protective order, all firearms 16 possessed by the respondent and any permit to carry weapons 17 or permit to acquire possessed by the respondent, within 18 forty-eight hours of service of the order or within forty-eight 19 hours of a hearing held pursuant to section 664B.7 at which the 20 respondent was present and an order was subsequently issued. 21 2. At the time of surrendering any firearms, a law 22 enforcement officer taking possession of any firearms 23 shall issue a receipt identifying all firearms that have 24 been surrendered and provide a copy of the receipt to the 25 respondent. Within seventy-two hours after service of the 26 order the law enforcement officer serving the order shall file 27 the original receipt with the court and shall ensure that the 28 law enforcement agency retains a copy of the receipt. 29 3. Upon a sworn statement or testimony of the plaintiff or 30 of any law enforcement officer alleging that the respondent has 31 failed to comply with the surrender of firearms and permits 32 as required by any order issued under this section, the court 33 shall determine whether probable cause exists to believe that 34 the respondent has failed to surrender all firearms or permits 35 -12- H 1206.1700 (3) 90 js/rh 12/ 15
in the possession of the respondent. If probable cause exists, 1 the court shall issue a search warrant describing the firearms 2 and authorizing a search of the locations where the firearms 3 are reasonably believed to be and the seizure of any firearms 4 discovered in the search. 5 4. If a person other than the respondent claims to own 6 any of the firearms seized or surrendered pursuant to this 7 chapter, and the law enforcement agency where the firearms are 8 stored determines that person to be the lawful owner of the 9 firearms, the firearms shall be returned to the lawful owner if 10 the lawful owner agrees to store the firearms in such a manner 11 that prevents the respondent from having access to the firearms 12 during the time an extreme risk protective order or emergency 13 extreme risk protective order is in effect. 14 Sec. ___. NEW SECTION . 664B.12 Firearm surrender —— 15 hearing. 16 Upon the issuance of an extreme risk protective order, the 17 court shall order a new hearing within three business days 18 of the issuance of the order that requires the respondent 19 to provide evidence to the court that the respondent has 20 surrendered any firearms in the possession of the respondent. 21 The court may dismiss the hearing upon a satisfactory showing 22 the respondent has complied with the order. 23 Sec. ___. NEW SECTION . 664B.13 Firearms —— storage. 24 All law enforcement agencies shall develop policies and 25 procedures by June 1, 2022, regarding the acceptance, storage, 26 and return of firearms surrendered to a law enforcement agency 27 under this chapter. 28 Sec. ___. NEW SECTION . 664B.14 Return of firearms and 29 unclaimed firearms. 30 1. If an extreme risk protective order is terminated or 31 expires without an extension, the law enforcement agency in 32 possession of any firearms surrendered by a respondent shall 33 return any such firearms upon request of the respondent, 34 provided the respondent is eligible to possess a firearm. 35 -13- H 1206.1700 (3) 90 js/rh 13/ 15
2. Notwithstanding section 809.21, for firearms that remain 1 unclaimed by the lawful owner, the firearms shall be destroyed 2 pursuant to 661 IAC 95.8. 3 Sec. ___. NEW SECTION . 664B.15 Penalties. 4 1. A person who files a petition under this chapter knowing 5 the information in the petition to be materially false commits 6 a serious misdemeanor. 7 2. A respondent who possesses a firearm, or who ships, 8 transports, or receives, or attempts to ship, transport, or 9 receive a firearm while an extreme risk protective order or 10 emergency extreme risk protective order is in effect commits an 11 aggravated misdemeanor. 12 3. A person who claims ownership of a firearm pursuant to 13 section 664B.11, subsection 4, who agrees to store the firearm 14 in such a manner that prevents a respondent from having access 15 to the firearm commits a serious misdemeanor if the respondent 16 is later found to have access to the firearm that is subject 17 to the agreement while an extreme risk protective order is in 18 effect. 19 4. A respondent who violates subsection 2 shall be 20 prohibited from possessing, shipping, transporting, or 21 receiving a firearm for a period of five years from the date of 22 the conviction. 23 Sec. ___. Section 724.8, Code 2023, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 7. Is subject to an extreme risk protective 26 order or an emergency extreme risk protective order issued 27 under chapter 664B. 28 NEW SUBSECTION . 8. Has been convicted of a violation of 29 section 664B.15, subsection 2, within the previous five years. 30 Sec. ___. Section 724.15, subsection 2, Code 2023, is 31 amended by adding the following new paragraphs: 32 NEW PARAGRAPH . f. Is subject to an extreme risk protective 33 order or an emergency extreme risk protective order issued 34 under chapter 664B. 35 -14- H 1206.1700 (3) 90 js/rh 14/ 15
NEW PARAGRAPH . g. Has been convicted of a violation of 1 section 664B.15, subsection 2, within the previous five years. 2 Sec. ___. Section 724.26, subsection 2, paragraph a, Code 3 2023, is amended to read as follows: 4 a. Except as provided in paragraph “b” , a person who is 5 subject to a protective order under 18 U.S.C. §922(g)(8) or who 6 has been convicted of a misdemeanor crime of domestic violence 7 under 18 U.S.C. §922(g)(9) and who knowingly possesses, 8 ships, transports, or receives a firearm, offensive weapon, or 9 ammunition and who is any of the following is guilty of a class 10 “D” felony . : 11 (1) Is subject to a protective order under 18 U.S.C. 12 §922(g)(8). 13 (2) Has been convicted of a misdemeanor crime of domestic 14 violence under 18 U.S.C. §922(g)(9). 15 (3) Is subject to an extreme risk protective order under 16 chapter 664B. > 17 ___. Title page, line 2, after < locations, > by inserting 18 < establishing a process for issuing extreme risk protective 19 orders, providing penalties, >> 20 2. By renumbering as necessary. 21 ______________________________ JAMES of Dubuque -15- H 1206.1700 (3) 90 js/rh 15/ 15 #2.