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Legislative Update 8:00 a.m. - 8:30 a.m. Presented by: Senator Rob Hogg 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 Iowa General Assembly SENATE 1. 20 Democrats, 29 Republicans, 1 Independent 2. Senate Leadership: a. Jack Whitver (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. Matt Windschitl (R- Missouri Valley), Speaker Pro Tempore c. Chris Hagenow (R-Windsor Heights), Majority Leader d. Mark Smith (D-Marshall), Minority Leader B. 2016 Lawyer Legislators House: HD47 R Rep. Chip Baltimore HD25 R Rep. Stan Gustafson HD43 R Rep. Chris Hagenow HD02 R Rep. Megan Jones HD33 D Rep. Brian Meyer HD09 D Rep. Helen Miller HD41 D Rep. Jo Oldson HD31 D Rep. Rick Olson HD52 D Rep. Todd Prichard HD98 D Rep. Mary Wolfe HD06 R Rep. Jim Carlin* HD58 R Rep. Andy McKean* Senate: SD33 D Sen. Rob Hogg SD13 R Sen. Julian Garrett SD22 R Sen. Charles Schneider SD19 R Sen. Jack Whitver SD16 D Sen. Nate Boulton* *Newly Elected 3 C. Judiciary Committee Members SENATE Brad Zaun, Chair Julian Garrett Tom Shipley Dan Dawson, Vice Chair Kevin Kinney Amy Sinclair Rich Taylor, Ranking Member Janet Petersen Tony Bisignano Charles Schneider Nate Boulton Jason Schultz HOUSE OF REPRESENTATIVES Chip Baltimore, Chair Megan Jones Rick Olson Jim Carlin, Vice Chair Kevin Koester Ross Paustian Mary Wolfe, Ranking Member Vicki Lensing Ken Rizer Liz Bennett Andy McKean Ras Smith Stan Gustafson Brian Meyer Beth Wessel-Kroeschell Greg Heartsill Zach Nunn Matt Windschitl Lee Hein Jo Oldson Ashley Hinson D. Justice Systems Appropriations Subcommittee Members SENATE Mark Chelgren, Chair Dan Dawson, Vice Chair Bob Dvorsky, Ranking Member Nate Boulton Julian Garret HOUSE OF REPRESENTATIVES Gary Worthan, Chair David Sieck, Vice Chair Todd Taylor, Ranking Member Marti Anderson Jim Carlin Ashley Hinson Chuck Holz Tim Kacena Jerry Kearns 4 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. 5 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. 6 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 Paul Pate 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.