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The Iowa State Bar Association's Young Lawyers Division Presents

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The Iowa State Bar Association's Young Lawyers Division Presents Bridge the Gap Seminar September 8-9, 2016 West Des Moines Marriott The Iowa State Bar Association's Young Lawyers Division presents SCHEDULE - THURSDAY, SEPTEMBER 8 7:30 Registration 8:00 – 8:30 Legislative Update Speaker: Senator Rob Hogg 8:30 – 9:00 Estate Recovery Speaker: Benjamin Chatman, SUMO Group Inc. 9:00 - 9:30 Electronic Discovery in Iowa Speaker: James Weston, Tom Riley Law Firm PLC 9:30 - 10:00 The First Adoption Step: Termination of Parental Rights Speaker: David Grooters, Pappajohn Shriver Eide & Nielsen PC 10:00 - 10:15 Break 10:15 - 11:00 Alimony Speaker: Mary Zambreno, Dickinson Mackaman Tyler & Hagen PC 11:00 - 12:00 The Science and the Art of Ethical Witness Preparation Tim Semelroth, RSH Legal 12:00 - 1:00 Lunch (not provided with registration) 1:00 - 2:00 Federal Case Law Update Speaker: Hon. Helen Adams United States Magistrate Judge for Southern District of Iowa 2:00 - 2:45 Farm Valuation and Farm Lease Terms Speaker: Fred Greder, Benchmark Agribusiness 2:45 - 3:00 Break 3:00 - 4:00 Ethics of Technology Speaker: Nick Critelli, Critelli Law PC 4:00 - 5:00 Search and Seizure in the Digital Age Speaker: Robert Rehkemper, Gourley Rehkemper & Lindholm PLC SCHEDULE - FRIDAY, SEPTEMBER 9 7:30 Registration 8:00 - 9:00 Concurrent Jurisdiction Speaker: Sara Strain Linder, Bray & Klockau PLC 9:00 – 10:00 Federal Sentence Guidelines Speaker: Nicholas Klinefeldt, Faegre Baker Daniels LLP 10:15 - 10:45 Elder Abuse Speaker: Chantelle Smith, Iowa Attorney General’s Office 10:45 - 11:45 Business Continuity Planning Speaker: August "Dutch" Geisinger, Safeguard Iowa Partnership 11:45 – 12:45 Lunch (not provided with registration) 12:45 - 1:45 State Case Law Update Speaker: Hon. Paul Ahlers, District Associate Judge, District 2B 1:45 - 2:15 Practical Strategies for Handling and Resolving Estate and Trust Disputes Speaker: Christine Halbrook Bradshaw Fowler Proctor & Fairgrave, PC 2:15 – 2:30 Break 2:30 – 3:00 Federal Laws Associated with Operating Drones Speaker: Brett Hoben, Des Moines Flight Standards District Office 3:00 - 4:00 Substance Abuse Speaker: Dan Moore Moore Heffernan Moeller Johnson & Meis Iowa Lawyers Assistance Program President 4:00 - 5:00 Ethics Panel Moderator: Michael Streit, Ahlers & Cooney PC Bridge the Gap Seminar Thursday September 8, 2016 The Iowa State Bar Association's Young Lawyers Division presents 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 8, 2016 2016 BRIDGE THE GAP SEMINAR IOWA LEGISLATIVE UPDATE September 8, 2016 Prepared by: JIM CARNEY Legislative Counsel Iowa State Bar Association DOUG STRUYK SHANNON HENSON Assistant Legislative Counsel Iowa State Bar Association 400 Homestead Building 303 Locust Street Des Moines, IA 50309 Ph. 515/282-6803 Fax 515/282-4700 E-Mail: [email protected] [email protected] [email protected] Because of the voluminous nature of this material, it is not possible to provide copies of these bills. You can obtain copies by contacting the Secretary of the Senate for Senate Bills and the Chief Clerk of the House for House Bills at the State Capitol Building or by contacting the Public Information Office at the State Capitol Building, Des Moines, Iowa 50319. Legislative information, including copies of Bills, is also available via the internet at http://www.legis.iowa.gov. TABLE OF CONTENTS Page I. LEGISLATORS AND COMMITTEE INFORMATION ..................................................... 3 II. ISBA AFFIRMATIVE LEGISLATIVE AGENDA ............................................................... 5 III. BILLS OF INTEREST PASSED DURING 2015 LEGISLATIVE SESSION ..................... 10 A. Administrative Law ................................................................................................... 10 B. Business Law .............................................................................................................. 11 C. Commercial Law and Bankruptcy ........................................................................... 11 D. Criminal Law .............................................................................................................. 12 E. Economic Development ............................................................................................ 14 F. Elder Law .................................................................................................................... 14 G. Family and Juvenile Law .......................................................................................... 14 H. Government Practice ................................................................................................. 16 I. Judicial Administration ............................................................................................. 17 J. Litigation ..................................................................................................................... 17 K. Probate and Trust Law………………………………………….……………………18 L. Real Estate and Title Law………………………………………………………...…..19 M. Tax Law ....................................................................................................................... 20 IV. BILLS OF INTEREST NOT PASSED DURING 2016 LEGISLATIVE SESSION ........... 20 2 2016 LEGISLATIVE UPDATE I. LEGISLATORS AND COMMITTEE INFORMATION A. Political Composition of the Iowa General Assembly SENATE 1. 26 Democrats, 24 Republicans 2. Senate Leadership: a. Pam Jochum (D-Dubuque), President b. Michael Gronstal (D-Council Bluffs), Majority Leader c. Bill Dix (R-Shell Rock), Minority Leader HOUSE OF REPRESENTATIVES 1. 57 Republicans, 43 Democrats 2. House Leadership: a. Linda Upmeyer (R-Garner), 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 HD55 R Rep. Darrel Branhagen HD14 D Rep. Dave Dawson HD25 R Rep. Stan Gustafson HD43 R Rep. Chris Hagenow HD02 R Rep. Megan Jones HD33 D Rep. Brian Meyer - Primary HD09 D Rep. Helen Miller HD41 D Rep. Jo Oldson - Primary HD31 D Rep. Rick Olson HD67 R Rep. Kraig Paulsen HD52 D Rep. Todd Prichard HD98 D Rep. Mary Wolfe Senate: SD33 D Rob Hogg SD13 R Julian Garrett SD22 R Charles Schneider SD19 R Jack Whitver 2016 Lawyer Legislator Candidates: 3 SD16 D Nate Boulton – Primary SD38 D Dennis Mathahs SD48 D Scott Peterson HD29 R Pat Payton HD58 R Andy McKean – Primary HD67 D Mark Seidl C. Judiciary Committee Members SENATE Steve Sodders, Chair Wally Horn Rich Taylor Rob Hogg, Vice-Chair Kevin Kinney Jack Whitver Charles Schneider, Ranking Member Janet Petersen Brad Zaun Tony Bisignano Herman Quirmbach Julian Garrett Tom Shipley HOUSE OF REPRESENTATIVES Chip Baltimore, Chair Dave Dawson Zach Nunn Stan Gustafson, Vice-Chair Greg Heartsill Jo Oldson Mary Wolfe, Ranking Member Dave Heaton Rick Olson Marti Anderson Megan Jones Kraig Paulsen Terry Baxter Bobby Kaufmann Todd Prichard Deborah Berry Brian Meyer Ken Rizer Darrel Branhagen Walt Rogers Matt Windschitl D. Justice Systems Appropriations Subcommittee Members SENATE Tom Courtney, Chair Julian Garrett, Ranking Member Rob Hogg, Vice-Chair Rich Taylor Mark Chelgren HOUSE OF REPRESENTATIVES Gary Worthan, Chair Todd Taylor, Ranking Member Darrel Branhagen, Vice-Chair Steven Holt Marti Anderson Jerry Kearns Chip Baltimore Brian Meyer Stan Gustafson 4 II. IOWA STATE BAR ASSOCIATION 2016 Affirmative Legislative Program Updated 8/22/2016 Bill Subject Bill Description Bill Status No. HF 2014 Amendments to The Uniform Fraudulent Transfer Act was Signed by Governor 2400 Uniform Voidable approved by the Uniform Law Commission in Branstad on 3/30/16. Transactions Act 1984. It has not been revised or updated since its (Current IA Code original approval. Iowa adopted the Act, which is Chapter 684, presently found in IA Code Chapter 684. In 2014, “Fraudulent the Uniform Law Commission adopted Transfers”) amendments to update the Act, which are being proposed to update IA Code Chapter 684 as follows: • Change the name of the Act from “Uniform Fraudulent Transfer Act” to “Uniform Voidable Transactions Act”. • Choice of Law- Provide that a claim for relief is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or obligation is incurred. • Evidentiary Matters- Provide uniform rules on allocation of burden of proof and standards of proof relating to operation of the UVTA. • Delete the special definition of “Insolvency” for partnerships. • Revise provisions relating to defenses available to a transferee or obligee. • Clarifies that the UVTA applies to transactions in which a series organization engages. • Replace references to “writing” with “record”. SSB Benefit Corporations Amends IA Business Corporation Act (Chapter Referred to Senate 3076 490) to authorize formation of “Benefit Judiciary Committee. Corporations”, which are formed not only for the Did not advance. purpose of shareholder profitability but also for a social purpose or public benefit. HF Corrective amendments Amends Code Sections 490.1320(1) and .1320(3)(a) Signed by Governor 2359 to IA Business and (b), “Notice of Appraisal Rights”, to replace Branstad on 4/6/16. Corporation Act (Code references to “part” and “chapter” with references Chapter 490) to “division”. 5 HF Calculation of Probate Relates to how the clerk of probate court Recorded as a Study Bill; 2447 Court Costs determines and collects charges in connection
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