Legislative Update

8:00 a.m. - 8:30 a.m.

Presented by: Senator Elderkin & Pirnie PLC PO Box 1968 Cedar Rapids, IA 52406 Phone: 319-286-2336

Thursday, September 14, 2017

2017 LEGISLATIVE UPDATE

I. LEGISLATORS AND COMMITTEE INFORMATION

A. Political Composition of the General Assembly

SENATE

1. 20 Democrats, 29 Republicans, 1 Independent 2. Senate Leadership: a. (R-Ankeny), President b. Bill Dix (R- Shell Rock), Majority Leader c. Rob Hogg (D-Cedar Rapids), Minority Leader

HOUSE OF REPRESENTATIVES

1. 59 Republicans, 41 Democrats 2. House Leadership: a. Linda Upmeyer (R-Clear Lake), Speaker b. (R- Missouri Valley), Speaker Pro Tempore c. (R-Windsor Heights), Majority Leader d. Mark Smith (D-Marshall), Minority Leader

B. 2016 Lawyer Legislators

House:

HD47 R Rep. HD25 R Rep. HD43 R Rep. Chris Hagenow HD02 R Rep. HD33 D Rep. HD09 D Rep. HD41 D Rep. HD31 D Rep. Rick Olson HD52 D Rep. HD98 D Rep. HD06 R Rep. * HD58 R Rep. Andy McKean*

Senate:

SD33 D Sen. Rob Hogg SD13 R Sen. SD22 R Sen. Charles Schneider SD19 R Sen. Jack Whitver SD16 D Sen. *

*Newly Elected 3

C. Judiciary Committee Members

SENATE

Brad Zaun, Chair Julian Garrett , Vice Chair Kevin Kinney Rich Taylor, Ranking Member Charles Schneider Nate Boulton

HOUSE OF REPRESENTATIVES

Chip Baltimore, Chair Megan Jones Rick Olson Jim Carlin, Vice Chair Mary Wolfe, Ranking Member Andy McKean Ras Smith Stan Gustafson Brian Meyer Beth Wessel-Kroeschell Matt Windschitl Jo Oldson

D. Justice Systems Appropriations Subcommittee Members

SENATE , Chair Dan Dawson, Vice Chair Bob Dvorsky, Ranking Member Nate Boulton Julian Garret

HOUSE OF REPRESENTATIVES , Chair , Vice Chair , Ranking Member Jim Carlin Ashley Hinson Tim Kacena

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II. IOWA STATE BAR ASSOCIATION 2017 Affirmative Legislative Program

Bill Subject Bill Description Bill Status No. SF 221 Benefit Corporations Amends IA Business Corporation Act (Chapter Did not advance this HF 62 490) to authorize formation of “Benefit session. Corporations”, which are formed not only for the purpose of shareholder profitability but also for a social purpose or public benefit. HF 639 Calculation of Probate Relates to how the clerk of probate court Passed out of Ways and Court Costs determines and collects charges in connection with Means Committee. Did services provided in probate matters. Excludes not advance. from the determination of court costs property over which the court lacks probate jurisdiction and for which the clerk renders no services. Specifies that for purposes of calculating the costs for other services performed by the court in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability, the value of such a person’s personal property and real estate is equal to the gross assets of the estate listed in the probate inventory minus, unless the proceeds of the gross assets are payable to the estate, joint tenancy property, transfers made during such person’s lifetime such as to a revocable trust, and assets payable to beneficiaries.

SF 333 Revised Uniform Adopted by the Uniform Law Commissioners in Signed by Governor Fiduciary Access to July 2014, the Act ensures that legally appointed 4/20/17. Digital Assets Act fiduciaries can access, delete, preserve, and pass (RUFADAA) along a person’s digital assets (i.e., documents, photographs, e-mail, and social media accounts) as appropriate.

Probate Iowa Department of Provides for mandatory withholding of Iowa Did not advance this 3 Revenue Inheritance inheritance tax from joint tenancy, payable on session. Tax Withholding death, transfer on death and other assets transferable to non-exempt persons through use of a withholding form developed with the Iowa Department of Revenue.

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HF 135 Waiver of Spousal Amends the Iowa Uniform Power of Attorney Act Did not advance this Share by adding a new subsection (10) to 633B.204 to session. clarify that an agent under a power of attorney may waive or relinquish a spousal right, homestead, and elective share if the principal has granted the agent Gen. Powers under the real property section 204 to 633B. HF 183 Emergency Orders – Amends Iowa Code section 235B.19(3)(a) Signed by Governor Clarification of the regarding notice requirements where an emergency 4/12/17. Priority of Notice order has been issued for protective services. The proposed amendment would clarify the priority of notice in such situations.

HF 184 Information to File a The Petition to open a small probate estate (less Signed by Governor on Small Probate Estate than $100,000) currently requires more information 5/11/17. under section 635.2 than is required for a Petition to open a regular estate (above $100,000). This legislation amends section 635.2 to keep the Petition information requirements for small estates consistent with those of a regular estate. HF 195 Requests for Notice Amends Iowa Code section 633.42 to allow for Signed by Governor on electronic notice to be provided in response to a 5/11/17. request for notice filed and clarifies that no standing is granted. HF 371 Attorney Fees and Updates Code Section 649.5, which relates to Signed by Governor on Court Costs in Action attorney fees and court costs for a party who 5/11/17. to Quiet Title After succeeds in an action to quiet title and who Request for a requested a quitclaim deed from the party holding Quitclaim Deed. an apparent adverse interest prior to bringing the action to quiet title. Brings the dollar amounts closer to current market rates and maintains the moving party’s ability to request attorney fees. HSB 63 Forcible Entry & Makes changes to procedures for eviction after Did not advance this Detainer Actions After forfeiture of a real estate contract. Grants statutory session. Forfeiture of Real authority under Code Chapter 648 for a vendor in a Estate Contracts real estate installment contract to seek Forcible Entry & Detainer action against holdover vendee who fails to vacate after forfeiture proceedings are complete, while affording holdover vendees proper due process. Allows small claims magistrates to hold preliminary hearings in forfeiture cases and to enter judgments of removal only if the defendant defaults or appears and does not raise facts which would constitute a defense to eviction.

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Real Redemption from Tax Remedies issues arising from Iowa Court of Did not advance this Estate Sale of Property Appeals decision Firestone v. FT13 (Filed 4-30-14) session. 3 Owned by Persons relating to redemption issues arising from with Disabilities ownership of property by minors or persons of unsound mind.

Real Requirements for Remedies ambiguities and inconsistencies in Did not advance this Estate Timely Filing of existing statutes & provides remedies for failure of session. 4 Releases or mortgagees to issue releases of mortgages. Satisfactions of Mortgages HF 133 Clarification of Roles Amends Code Section 598.12 to clarify roles of Signed by Governor in Child child’s attorney, guardian ad litem, and custody 4/12/17. Representation investigator. Existing 598.12 provisions for child representation are not compliant with ABA standards for child representation.

SSB 90-Day Waiting Period Amends Code Section 589.19 to add that a court Pulled for further work. 1102 in Dissolutions may grant a divorce 90 days after the parties involving execute an agreement to participate in collaborative Collaborative Law law. Currently, 598.19 requires a 90-day waiting period from the time of service of an original notice or acceptance of service is filed with the court before the court can grant a decree dissolving a marriage. Parties participating in collaborative divorce often do not file a petition or execute an acceptance of service until a final agreement has been reached.

HF 253 Updates to Chapter A recent appellate court decision determined that Signed by Governor 600B – Children in the the trial court could not award attorney fees in a 4/21/17. Middle & Attorney’s contempt action pertaining to a chapter 600B Fees in Contempt contempt, but it would be allowed if the parties had Cases Uniformity been divorced under chapter 598. The legislation adds attorney fees to actions for contempt under chapter 600B. The other bill requires parents who were never married to each other but are involved in a child custody lawsuit to take the children in the middle class.

In addition to the above legislative proposals, the Iowa State Bar Association supported the following positions as a part of its 2017 Affirmative Legislative Program:

 Full funding of indigent defense and adoption of legislation providing for an automatic, periodic increase in indigent defense fees. o SF 509 $3.84 million increase in indigent defense fund appropriation  Full Funding of the Judicial Branch. o SF 508 $175.7 million plus $3,100 for jury and witness revolving fund 7

 Full funding for Legal Services. o HF 644 Reduces funding from $2.4 million from FY 17 to $2.3 million for FY 18.  Full funding of the IA Secretary of State’s Office as requested by IA Secretary of State including the creation of a revolving fund provided that the ISOS fees are increased to hold the general fund harmless. o HF 640 allocates $2,125, 518 for administration and elections; $1,371,292 for business services; $120,400 for the Address Confidentiality Program and Revolving Fund Appropriation for the FY 18.  Full funding for the Office of Substitute Decision Maker to protect the interests of Iowans who have no one else to manage their financial and health care needs. o HF 653 allocation to this office remains at $350,000 for FY 18  Support child abuse prevention and treatment efforts and funding for child abuse prevention and treatment.  Oppose the legalization of title insurance. o Monitored issues regarding lawyer abstracting under Iowa Title Guaranty.  Oppose absolute immunity legislation.

III. BILLS OF INTEREST PASSED DURING 2017 LEGISLATIVE SESSION

AGRICULTURAL LAW

SF 447 Agricultural Operations and Nuisance. Allows for affirmative defense to be raised in certain causes of action where an animal feeding operation is alleged to be a public or private nuisance or alleged to interfere with a person’s use and enjoyment of life or property. Affirmative defenses are not available where the feeding operation failed to comply with federal or state regulations, the operation failed to use reasonable practices, the person is a habitual violator of environmental regulations (3 or more violations), or the cause of action arose before the bill’s effective date. Signed by Governor and Effective on 3/29/17.

COMMERCIAL LAW & BANKRUPTCY

SF 501 FEES COLLECTED BY COUNTY SHERIFF. This bill increases various fees collected by a county sheriff. Raises fees related to personal service and return of notice from $15 per person to $30 per person and the fee for serving an additional individual within the same household from $10 to $20. It also raised the fee for service of warrants from $20 to $35. It raises the fee for summoning a jury to assess damages in a condemnation proceeding from $100 per day to $200 per day and does not require that the sheriff attend the jury. Raises fee for serving an execution, attachment, order for delivery of personal property, or other court order from $15 to $30. Establishes a separate fee for execution of a deed or certificate for lands sold and sets the fee at $50. Raises the fee for inventorying personal property from $10 per hour to $20 per hour. Changes current law by establishing a fee for setting the sale of property, as opposed to 8

attending the sale of the property and raised the fee from $50 to $75. Increases the fee for conveyance of persons by order of the court or for transporting defendants from $15 to $20 per hour. Signed on 5/11/17. Effective Date 7/1/17.

CRIMINAL LAW

HF 263 Domestic Abuse and Stalking with GPS Device. Amends Iowa Code Section 708.11, pertaining to stalking, expanding the definition of stalking to include the repeated use of a technological device to locate, listen to, or watch a person without legitimate purpose, and when the person engages in the conduct purposefully when would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened, or to fear that the person intends to cause bodily harm or injury to the person or a member of their immediate family. Adds a new section establishing a minimum sentence for third or subsequent domestic abuse offenses, denies those individuals work release or parole until one-fifth of the maximum sentence has been served. Establishes that unauthorized placement of a GPS device is a serious misdemeanor. Adds a new section defining unauthorized placement of a global position device as “when the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.” Signed by Governor on 4/20/17. Effective Date 7/1/17.

HF 69 Trespass and Penalties. Amends Iowa Code Section 716.8 to modify penalties for trespasses that do not involved damages of more than $200, the intent to commit a hate crime, public property, or intentional viewing or recording of another person without a legitimate purpose. Establishes such trespass as a scheduled violation and sets fines at $200 for the first violation, $500 for second violation, and $1,000 for third or subsequent violations. Signed on 5/1/17. Effective Date 7/1/17.

HF 296 Controlled Substances, Temporary Designation, Penalties. This bill modifies procedures relating to the temporary designation of substances as controlled substances. Currently, the board of pharmacy designates a new substance as a controlled substance by an administrative rule and without amending Iowa Code Chapter 124, if the substance is a controlled substance under federal law. The bill states that such a designation will be considered a temporary amendment to the scheduled of controlled substance in Chapter 124. The temporary amendment will be repealed by operation of law if the legislature does not, within two years of the effective date of the temporary designation, enact legislation amending Chapter 124. It also adds a new section to Chapter 124, relating to imitation controlled substances, sets forth factors for determining whether a substance is an imitation controlled substance, and 9

modifies penalties for imitation controlled substances. Signed by Governor on 5/11/17. Effective Date 7/1/17.

HF 526 Invasion of Privacy. Amends Iowa Code Section 708.7, to expand the definition of harassment to include on who disseminates, publishes, distributes, posts, or caused to be disseminated, published, or distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engage in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting. Provides that the fact finder is to make a determination as to whether the perpetrator should register as a sex offender based on the provisions of 629A.126. Provides that juveniles found in violation of the section shall not be required to register as a sex offender. Signed by Governor 5/9/17. Effective Date 7/1/17.

SF 238 Sexual Exploitation By School Employees. Amends Iowa Code Section 709.15, regarding sexual exploitation by a school employee, to expand the definition of school employee to include a person who holds a license, certificate, authorization, or statement of professional recognition issued by the board of educational examiners; a person employed by a school district on a part-time or full-time basis or as a substitute, and a person who performs services as a volunteer or contract employee for the school district if that volunteer or contract employee has direct supervisory authority over the student with whom the school employee engages in prohibited conduct. School employee does not include a student enrolled in the school district and it also does not apply to a person employed by the school district if the student with whom the person engages in prohibited conduct is not enrolled in the same school district attendance center. Signed 5/11/17. Effective Date 7/1/17.

SF 332 Changes to Controlled Substance Schedules. Makes changes to controlled substance schedules and modifies regulation of precursor substances. It classifies four synthetic opioids as schedule I controlled substances consistent with federal actions regarding the substances. It classifies thiafentanil as a schedule II substance. It classifies all hydrocodone-containing substances as schedule II substances, and removes naloxegol, a derivative of naloxone, from the list of schedule III substances due to FDA approval for treatment of certain conditions. It removes ioflupane as a schedule II controlled substance. It classifies tramadol as a schedule IV controlled substance. IT classifies alfaxalone as a schedule IV substance, which is FDA approved for use in veterinary medicine. It classifies suvorexant, which is FDA approved for treatment of insomnia, as a schedule IV controlled substance. It classifies eluxadoline, approved by the FDA for treatment of IBS, as a schedule IV controlled substance. It classifies brivaracetam/briviact, which is FDA approved as treatment for seizures, as a schedule V controlled substance. It establishes that violations of Iowa Code section 124.401(1)(c) (8) involving scheduled I, II, or III 10

controlled substances is a class “C” felony punishable by no more than 10 years and a fine of at least $1,000 but not more than $50,000. It establishes that violations of section 1243.401(1)(d)scheduled substances classified as schedule IV, it is an aggravated misdemeanor punishable by no more than two years, and a minimum fine of $625 but not more than $6,250. For first offenses under 124.401(5), are serious misdemeanors punishable by confinement of no more than one year and a minimum fine of $315 and maximum fine of $1,875. Signed and Effective 4/7/17.

SF358 Electronic Search Warrants. Permits the issuance of search warrants by electronic means. Permits a magistrate to whom an application for a search warrant is submitted, to use electronic means to confirm the identity of the individual requesting the warrant. The magistrate may also use electronic means to administer the person’s oath or affirmation and accept the person’s sworn testimony. Signed by Governor 4/12/17. Effective Date 7/1/7.

SF 401 Sexual Abuse Civil Protective Orders. Changes current law related to sexual abuse protective orders, which requires that an individual accused of sexual abuse must be arrested for sexual abuse before the victim can apply for a protective order. A new Chapter is added, 236A, permitting a victim of sexual abuse (where there is not a domestic relationship) to seek relief from domestic abuse by petitioning the court for a civil protective order before the defendant is arrested. The petitioning party must present a prima facie case of sexual abuse and the court shall enter an order based on a preponderance of evidence. A hearing is held not less than five and not more than fifteen days after the notice is provided to defendant. The protective order is to be issued for a fixed period of time not to exceed one year, though it can be extended or amended following a hearing if the defendant is found to pose a continued threat to the victim. Signed by Governor 5/10/17. Effective Date 7/1/7.

SF 446 Civil Asset Forfeiture. Establishes a minimum civil forfeiture amount at $5,000. Changes current law so that if the forfeiture is for property valued at less than $5,000, the owner or interest holder must be convicted of the criminal offense for the conduct giving rise to the forfeiture. Raises the standard of proof for civil asset forfeiture from preponderance of the evidence to clear and convincing evidence, and requires law enforcement agencies to retain certain records related to forfeiture. Signed by Governor 5/9/17. Effective Date 7/1/17.

ECONOMIC DEVELOPMENT

SF 488 Workforce Housing Tax Incentives. Modifies how tax credits are allocated under the Workforce Housing Tax Incentive Program but maintains the aggregate limit for all tax credits under the program to $170 million. Requires that $5 million of tax credits under this program be allocated to housing 11

projects in small cities as defined in section 15.352. Defines “Greenfield Site” as a property that was previously undeveloped or used for agriculture, and provides that such projects located in small cities may receive tax incentives under the program equaling up to 20 percent of the qualifying investment. Signed 5/11/17. Effective Date 7/1/17.

ELDER LAW

HF 544 Personal Degradation as Dependent Adult Abuse. Amends Iowa Code Section 235E.1 to expand dependent adult abuse to include personal degradation. Defines personal degradation as a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult, or where the person knew or should have known that would be the effect of the act or statement. It includes taking, transmitting, or displaying an electronic image of a dependent adult where the caretaker’s actions constitute a willful act or statement with the purpose of shaming, degrading, or humiliating the dependent adult. Signed and Effective 3/30/17.

SF 410 Disposition of Remains. Amends Iowa Code Section 144B.1 to provide that a written declaration executed by a person naming a designated adult to make decisions concerning the final disposition of a person’s remains and the ceremonies planned following the person’s death is not required to be contained in, or attached to, a durable power of attorney for health care. Applies only to declarations executed on or after the effective date of this legislation. Signed 4/7/17. Effective Date 7/1/17.

SF 333 Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Adopted by the Uniform Law Commissioners in July 2014, the Act ensures that legally appointed fiduciaries can access, delete, preserve, and pass along a person’s digital assets (i.e., documents, photographs, e-mail, and social media accounts) as appropriate. The revised Act allows a framework clarifies the application of federal privacy laws and defines the rights and duties of the parties involved, and permits individuals to instruct fiduciaries and control access to digital assets. Signed 4/20/17. Effective Date 7/1/17.

FAMILY AND JUVENILE LAW

HF 133 Guardians Ad Litem. Amends Iowa Code 598.10 to clarify roles of those involved in child custody determinations under 598.10. Defines roles for guardian ad litem, child custody investigators, attorneys for children, and child and family reporters. Requires that a guardian ad litem be an attorney and is responsible for determining what is in the best interests of the child. Specifies duties of a guardian ad litem and prohibits the guardian ad litem from filing a written report, testifying during a hearing, or serving as a witness. Prohibits an attorney appointed as attorney for a child from filing a written 12

report, testifying, or serving as a witness. States that the same person may not serve as both guardian ad litem and attorney for child. Directs the Supreme Court of Iowa to prescribe and maintain standards for child custody investigators and child and family reporters. Does not impact juvenile court matters. Signed on 4/12/17. Effective Date 7/1/17.

HF 253 Changes to 600B. Amends Iowa Code 600B to require parties involved in child custody cases to complete an approved parenting or “children in the middle” course, which is currently required only for divorcing parents. It also permits the recovery of attorney fees and court costs against a party against whom a contempt proceeding is brought for failure to pay support. Replaces the term “father” with “party”. Signed on 4/21/17. Effective Date 7/1/17.

HF 543 CINA Cases Involving Certain Drugs. Amends the definition of child in need of assistance to include a child whose parent, guardian, custodian, or other adult member of the household unlawfully uses, possesses, manufactures, cultivates, or distributes, a dangerous substance in the presence of a child, or knowingly allows such activities by another person in the presence of the child. Further adds the presence of precursors or intermediary to a dangerous substance in the presence of a child, and adds methamphetamine or amphetamines, and chemicals that pose a reasonable risk of causing a fire or explosion in the child’s home, on the premises, or in a motor vehicle located on the premises. Amends the definition of “in the presence of a child” to include in the physical presence or occurring under other circumstances in which a reasonably prudent person who know that the use, possession, manufacture, cultivation, or distribution may be seen, smelled, ingested, or heard by the child. It includes “dangerous substances” to include cocaine, heroin, and opium or opiates. Requires a health practitioner involved in the delivery or care of a newborn or infant displaying signs of prenatal drug exposure or fetal alcohol disorder to report information as prescribed by DHS. Signed on 4/20/17. Effective Date 7/1/17.

SF 433 Termination of Parental Rights in Adoption Proceedings. Relates to adoption and termination of parental rights and restricts the definition of “adoption services provider” to limit it to a licensed child-placing agency or a licensed attorney. Only permits adoption service providers and DHS to make placements of minor children for the purposes of adoption. It limits payment of only allowable expenditures relating to termination of parental rights. It prohibits a biological parent from receiving anything of value in exchange for agreeing to termination of their parental rights, unless the thing of value is an allowable expenses. It caps expenditures to the biological parents at $2,000, but permits the court to award additional costs. Requires that all payments for adoption expenses be paid through the adoption service provider, and the adoption service provider is to deposit funds into an escrow account. Any unused funds shall be returned to the adoptive parents with an accounting of 13

funds disbursed. Directs the juvenile court to review expenditures prior to any termination hearing. Increases the criminal penalty for prohibited acts in connection with adoption or termination procedures from a simple misdemeanor to serious misdemeanor. Amends fraudulent practice under Iowa Code 714.8 to include fraudulent adoption practices. Signed on 3/30/17. Effective Date 7/1/17.

SF 401 Sexual Abuse Civil Protective Orders. Changes current law related to sexual abuse protective orders, which requires that an individual accused of sexual abuse must be arrested for sexual abuse before the victim can apply for a protective order. A new Chapter is added, 236A, permitting a victim of sexual abuse (where there is not a domestic relationship) to seek relief from domestic abuse by petitioning the court for a civil protective order before the defendant is arrested. The petitioning party must present a prima facie case of sexual abuse and the court shall enter an order based on a preponderance of evidence. A hearing is held not less than five and not more than fifteen days after the notice is provided to defendant. The protective order is to be issued for a fixed period of time not to exceed one year, though it can be extended or amended following a hearing if the defendant is found to pose a continued threat to the victim. Signed by Governor 5/10/17. Effective Date 7/1/7.

GOVERNMENT PRACTICE

HF 134 Regulation of Occupancy of Residential Rental Properties. This bill prohibits a city, after January 1, 2018, from adopting or enforcing any regulation or restriction relating to occupancy of rental property that is based on the existence of familial or nonfamilial relationships between the occupants of the property. Signed on 4/21/17. Effective Date 7/1/17.

HF 203 Use of Primary Road Fund Monies. Amends Iowa Code Section 313.4 to permit the commission, after consultation with planning organizations and other stakeholders, to periodically allocate moneys from the fund to projects related to construction and maintenance of secondary road systems and municipal street systems in exchange for a portion of federal funds. Signed on 3/23/17. Effective Date 7/1/17.

HF 2363 Member Attendance at Closed Session Meeting. Adds a new subsection to Iowa Code Section 21.5 which states that a governmental body shall not exclude a member of that body from a closed session meeting unless that individual’s presence at the meeting would create a conflict of interest. Signed on 4/6/16. Effective Date 7/1/16. 14

HF 291 Collective Bargaining. Rewrites collective bargaining rights under Iowa Code Chapter 20. Limits public sector union contract negotiations to wages. Bans unions from negotiating with employers over health insurance, evaluations, and staff reductions. Public safety employees (e.g. police, firefighters) are not as severely limited. Bars unions from collecting union dues from public employees’ paychecks. Requires unions to be recertified prior to every contract negotiation. Modifies arbitration processes when contract negotiations are unsuccessful so that an arbitrator must consider financial ability of the employer to increase wages. Signed and Effective 2/17/17.

JUDICIAL ADMINISTRATION

SF 466 Master Jury Lists. Requires master list of jurors to be updated annually using an electronic jury management system. Provides that if a person’s certification as a shorthand reporter is placed in exempt status, the person may still transcribe or certify a proceeding the person reported while they were certified as a shorthand reporter. Eliminates jury commissions. Signed by Governor on 5/11/17. Effective 7/1/17.

HF 52 Interference with Judicial Acts. Extends 719.1, pertaining to interference with official acts, to include persons performing bailiff duties pursuant to Iowa Code 602.1303. Signed by Governor on 4/12/17. Effective 7/1/17.

LITIGATION

SF 362 Claims Against Fairs. Requires fairs to post a warning sign in a conspicuous place on any premises containing domesticated animals within the fairgrounds and sets forth requirements and the required form related to the warning sign. Bars fair participants or spectators from bringing claims against the fair for injuries or death caused by domesticated animal pathogen transmissions unless the participant or spectator can demonstrate that the fair failed to comply with the posting requirements. Signed on 4/20/17. Effective Date 7/1/17.

SF 413 Statute of Repose. Reduces the statute of repose for actions arising from unsafe or defective construction from 15 years to 8 years. For actions arising from nuclear power plants, the statue of repose remains at 15 years. For residential properties, the statute of repose is reduced to ten years. For actions related to intentional misconduct or fraudulent concealment of an unsafe or defective condition, the action must be brought not more than 15 years after the date on which the act or omission of the defendant occurred. An unsafe or defective condition discovered within one year prior to the expiration of the statute of

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repose, the statue of repose is extended by one year. Signed 4/13/17. Effective Date 7/1/17.

SF 447 Agricultural Operations and Nuisance. Allows for affirmative defense to be raised in certain causes of action where an animal feeding operation is alleged to be a public or private nuisance or alleged to interfere with a person’s use and enjoyment of life or property. Affirmative defenses are not available where the feeding operation failed to comply with federal or state regulations, the operation failed to use reasonable practices, the person is a habitual violator of environmental regulations (3 or more violations), or the cause of action arose before the bill’s effective date. Signed by Governor and Effective on 3/29/17.

SF 465 Medical Malpractice Claims. Implements a $250,000 cap on noneconomic damages in medical malpractice cases. The cap does not apply if the injured party suffered a substantial impairment of bodily function, substantial disfigurement, or death. Signed on 4/6/16. Effective Date 7/1/16.

PROBATE & TRUST LAW

HF 183 Emergency Protective Orders in Cases of Dependent Adult Abuse. Amends Iowa Code Section 235B.19(3)(a) regarding notice requirements where an emergency order has been issued for protective services. It adds parents and grandparents to the class of persons who receive notice and amends the priority order for those who should receive notice. Amends the requirement that spouses be notified to remove the requirement where parties are legally separated. Signed 4/12/17. Effective Date 7/1/17.

HF 184 Petitions in Small Estates. Amends Iowa Code Section 635.2 related to the requirements for filing small and large estates. The Petition to open a small probate estate (less than $100,000) currently requires more information under section 635.2 than is required for a Petition to open a regular estate (above $100,000). Under this new law, section 635.2 is amended to keep the petition information requirements for small estates consistent with those of a regular estate. Signed by Governor 5/11/17. Effective Date 7/1/17.

HF 195 Requests for Notice in Probate Proceedings. Amends Iowa Code 633.42 to permit an individual interested in probate proceedings to request notice via an electronic filing using EDMS rather than providing written notice in triplicate. Permits electronic notice to parties and counsel of such notice. Requires an individual requesting notice to provide an email address and the nature of their interest in the proceedings, in addition to the current requirement of including their name and address. Signed by Governor 5/11/17. Effective Date 7/1/17.

SF 333 Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Adopted by the Uniform Law Commissioners in July 2014, the Act ensures that legally 16

appointed fiduciaries can access, delete, preserve, and pass along a person’s digital assets (i.e., documents, photographs, e-mail, and social media accounts) as appropriate. The revised Act allows a framework clarifies the application of federal privacy laws and defines the rights and duties of the parties involved, and permits individuals to instruct fiduciaries and control access to digital assets. Signed 4/20/17. Effective Date 7/1/17.

REAL ESTATE & TITLE LAW

HF 69 Trespass and Penalties. Amends Iowa Code Section 716.8 to modify penalties for trespasses that do not involved damages of more than $200, the intent to commit a hate crime, public property, or intentional viewing or recording of another person without a legitimate purpose. Establishes such trespass as a scheduled violation and sets fines at $200 for the first violation, $500 for second violation, and $1,000 for third or subsequent violations. Signed on 5/1/17. Effective Date 7/1/17.

HF 146 Notice Requirements in Forcible Entry and Detainer Actions. Amends current law, which requires that a defendant in a forcible entry and detainer action must be served with notice at least three days prior to the hearing and does not permit a default to be entered against the defendant unless notice requirements have been met. This amendment provides that notice requirements will be deemed to have been met if the defendant or the defendant’s attorney appears at a hearing. If the hearing is held fewer than three days after service of the original notice or the notice requirements have been deemed to have been satisfied, the court is required to inform the defendant of the right to request a continuance. If requested, the court is required to grant a continuance. Signed on 4/21/17. Effective Date 7/1/17.

HF 371 Attorney Fees and Court Costs in Actions to Quiet Title. Amends Iowa Code Section 649.5 governing quitclaim deeds to real property to account for current market rates and amends the Section to make it more effective in practice. Under current law, if a plaintiff requests that a party with an apparent adverse interest executes a quitclaim deed at least twenty days before filing suit, and the adverse party does not execute the quitclaim deed and the plaintiff prevails at the hearing on the matter, the plaintiff may recover attorney fees. This increases the attorney fees from the current limits of $25 for a single tract of land not exceeding 40 acres and $40 for a single tract not exceeding 80 acres, to a “reasonable” fee, permitting the court to evaluate the circumstances and award a fee that is reasonable based on the particular case. It also increases the quitclaim deed fee from $1.15 to $50 and requires that a request for execution of a quitclaim deed be in writing and that a copy be provided to the adverse party. Signed by Governor on 5/11/17. Effective Date 7/1/17.

HF 478 Property Assessment Appeal Board. This legislation repeals the PAAB’s future repeal provisions. It modifies requirements for filing appeals by no longer

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requiring the separate notice of appeal and a petition and instead only requires that the appeal include the contents currently required in the petition. Requires electronic recording of testimony rather than transcription of testimony. It specifies that judicial review of board decisions are governed by Iowa Code Chapter 17A. Requires petitions for judicial review to be filed in the county where the subject property is located, removes the option to file in district court in Polk County. Applies to assessment years beginning on or after January 1, 2018. Signed by Governor on 5/11/2017. Effective Date 7/1/17.

HF 134 Regulation of Occupancy of Residential Rental Properties. This bill prohibits a city, after January 1, 2018, from adopting or enforcing any regulation or restriction relating to occupancy of rental property that is based on the existence of familial or nonfamilial relationships between the occupants of the property. Signed on 4/21/17. Effective Date 7/1/17.

WORKERS’ COMPENSATION

HF 518 Amendments to Workers’ Compensation Laws. Changes shoulder injuries to a scheduled injury of 400 weeks based upon the functional impairment rating as determined by a doctor. Changes compensation for “body as a whole” injuries resulting in permanent partial disability so that compensation is paid during the number of weeks in relation to 500 weeks as the reduction in the employee’s earning capacity caused by the disability bears in relation to the earning capacity that the employee had at the time the injury occurred. Creates a presumption of intoxication if a worker tests positive for any amount of drugs or alcohol at the time of injury, and creates a presumption that the intoxication was a substantial factor in causing the injury. Limits when a temporarily disabled worker can raise an objection to offered work based suitability and requires that any objection made be in writing. Signed by Governor 3/30/17. Effective Date 7/1/17.

IV. AFFIRMATIVE LEGISLATION AND BILLS OF INTEREST THAT DID NOT PASS DURING 2017 LEGISLATIVE SESSION

HF 639 Probate Court Costs. Relates to how the clerk of probate court determines and collects charges in connection with services provided in probate matters. Excludes from the determination of court costs property over which the court lacks probate jurisdiction and for which the clerk renders no services. Specifies that for purposes of calculating the costs for other services performed by the court in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability, the value of such a person’s personal property and real estate is equal to the gross assets of the estate listed in the probate inventory minus, unless the proceeds of 18

the gross assets are payable to the estate, joint tenancy property, transfers made during such person’s lifetime such as to a revocable trust, and assets payable to beneficiaries. This bill passed out of the Ways and Means Committee, a fiscal note was issued, but ultimately it did not advance.

Probate 3 Inheritance Tax Withholding. Provides for mandatory withholding of Iowa inheritance tax from joint tenancy, payable on death, transfer on death, and other assets transferable to non-exempt persons through use of a withholding form developed by the Iowa Department of Revenue. This proposal was not drafted or assigned a bill number and did not advance this session.

HF 135 Waiver of Spousal Share. Amends the Iowa Uniform Power of Attorney Act by adding a new subsection (10) to 633B.204 to clarify that an agent under a power of attorney may waive or relinquish a spousal right, homestead, and elective share if the principal has granted the agent Gen. Powers under the real property section 204 to 633B. This proposal was not drafted or assigned a bill number and did not advance this session.

SF 221 Benefit Corporations. Amends the Iowa Business Corporations Act in Chapter 490 to authorize the formation of Benefit Corporations which are formed for both the purpose of shareholder profitability but also for a social purpose or public benefit. Drafted but did not advance this legislative session.

HSB 63 Forcible Entry and Detainer Actions. This bill makes changes to procedures for eviction after forfeiture of a real estate contract. Grants statutory authority under Code Chapter 648 for a vendor in a real estate installment contract to seek Forcible Entry & Detainer action against holdover vendee who fails to vacate after forfeiture proceedings are complete, while affording holdover vendees proper due process. Allows small claims magistrates to hold preliminary hearings in forfeiture cases and to enter judgments of removal only if the defendant defaults or appears and does not raise facts which would constitute a defense to eviction. Provides that a judgment of eviction also operates against persons holding under the defendant, such as subtenants, the defendant’s children, and persons living on the premises by permission of the defendant. The Senate deferred on this bill and it did not advance.

Real Estate 3 Redemption from Tax Sale of Property Owned by Persons with Disabilities. Remedies issues arising from Iowa Court of Appeals decision Firestone v. FT13 (Filed 4-30-14) relating to redemption issues arising from ownership of property by minors or persons of unsound mind. Bill was not drafted and assigned a bill number.

Real Estate 4 Requirements for Timely Filing of Releases or Satisfactions of Mortgages. Remedies ambiguities and inconsistencies in existing statutes and provides remedies for failure of mortgagees to issue releases of mortgages. Bill was not drafted and assigned a bill number.

HF 638 Secretary of State’s Bill. An Act relating to the powers and duties of the secretary of state, including requirements for filing documents, promulgation of filing forms, payment of filing fees, and appropriations to the secretary of state’s office.

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HF 335 Death Penalty. Establishes the penalty of death for the commission of the multiple offense of murder in the first degree, kidnapping, and sexual abuse against the same minor, providing penalties, and including effective date and applicability provisions.

SF 414 Simulated Firearms. Establishes enhanced penalties relating to the use of a simulated firearm or simulated explosive when committing a robbery, the criminal offense of intimidation, or other crimes, and providing penalties.

HF 173 Judicial Nominating Commissions. A bill for an act requiring that elective members of the state and district judicial nominating commissions, and the county magistrate nominating commissions, be elected by the registered voters of the state.

HF 71 Joint Legal Custody and Physical Care. This bill changes current law to require rather than permit, a judge to order joint physical custody in instances where the court award joint legal custody, with the exception of when the court makes a finding that joint physical custody is not in the best interests of the child.

HF 539 Release from Iowa Civil Rights Commission. Modifies procedures and required and timelines for obtaining a release from the Iowa Civil Rights Commission prior to filing a lawsuit for unfair or discriminatory practices under the Iowa Civil Rights Act.

SF 226 Transfer on Death Deeds. This bill allows an individual to execute a transfer on death deed outside of probate to one or more beneficiaries, effective upon the death of the transferor. Certain requirements must be met for the deed to be valid, including that it must contain all the essential elements of a properly recordable inter vivos deed. It must state that the transfer to the designated beneficiary is to occur at the time of the transferor’s death and must be recorded in the county recorder’s office prior to the death of the transferor. The transfer on death deed is revocable, even if the deed states that it is irrevocable. During the course of the transferor’s lifetime, the transfer on death deed does not affect the transferor’s interest in the property.

HF 530 Mitigation of Damages for Failure to Wear Seat Belt. Increases the amount that damages can be reduced in litigation where the defense claims that failure to wear a seat belt contributed to injuries from 5% to 25%.

SSB 1090 Rule Against Perpetuities. This bill creates an exception to the statutory rule against perpetuities and makes related changes to Iowa Code Sections 557 and 558.

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