HF 2125 – Distribution of decedent’s property by affidavit;
HF 2232 – Mortgage releases;
HF 2318 – Redemption of parcels sold at tax sales;
HF 2342 – Seizure and disposition of property by the DNR;
HF 2343 – State agencies need clear authority in statute or rule or regulation;
HF 2392 – Mechanical eavesdropping;
HF 2443 – Juvenile Records;
HJR 2009 – Proposed Constitutional amendment on right to bear arms.
FLOOR ACTION:
HF 2125 relates to distribution of property by affidavit. Under Iowa law, if a person dies owning $25,000 or less in personal property to be distributed to heirs, the property can be distributed through an affidavit, thus avoiding probate. This bill increases the amount of property that can be distributed by affidavit up to $50,000. In addition, the bill adds three requirements that must be included in the affidavit: (1) That no money is due Medicaid or, if due, Medicaid is to be paid; (2) That no inheritance taxes are due or, if due, will be paid; and (3) That creditors will be paid to the extent of funds received. This does not apply when there is real property involved.
[3/19: 47-0 (Absent: Sinclair, Zumbach; Vacant: Dix)]
HF 2232 provides one procedure for the release and satisfaction of a mortgage in Chapter 655. Highlights include:
- Clarifying that a mortgagee must acknowledge satisfaction in writing no more than 30 days after the mortgage is paid off.
- If a revolving line of credit is secured through the mortgage, the mortgagee only must file a release and satisfaction upon payment in full, as long as the mortgagor makes a written request to the mortgagee that the mortgage be released.
- If a mortgagee fails to discharge within 30 days of the request, the mortgagee is liable for all actual damages, plus reasonable attorney fees. Under the bill, the mortgagee is subject to a $500 penalty.
- As amended, adding a new Code section (requested by the Bankers), which limits liability of a mortgagee if the mortgagee has reasonable procedures to achieve compliance with the requirements of filing mortgage releases; the mortgagee complied with the procedure in good faith; and the mortgagee was unable to comply with its obligations because of circumstances beyond its control.
[3/21: 49-0 (Vacant: Dix)]
HF 2318 creates a process for minors and those with a legal disability to redeem real property held in their name after it has been sold at a tax sale and the county treasurer has delivered the treasurer’s deed. Under Code section 447.7, a minor or person with a legal disability may redeem property sold at a tax sale at any time up until age 19 or a year after the legal disability has expired. However, the Code section (447.8) that delineates how property sold at a tax sale is to be redeemed does not describe how minors or those with a legal disability who are the initial titleholders of the property are to redeem after the 90-day redemption period expires and the treasurer has issued the treasurer’s deed to the tax sale purchaser. This gap in the law allows some properties to remain with uncertain title for extended periods.
[3/19: 47-0 (Absent: Sinclair, Zumbach; Vacant: Dix)]
HF 2343 requires an agency not to implement or enforce any standard, requirement or threshold unless it is clearly required or clearly permitted by statute, rule or federal law or regulation, or is required by a court ruling, a state or federal executive order or a state or federal directive that would result in the gain or loss of funding, or a federal waiver.
[3/20: 46-3 (No: Hogg, Petersen, Taylor; Vacant: Dix)]
HF 2392 relates to recording or intercepting communications. It is currently a serious misdemeanor to record or intercept a conversation without authority to do so. The bill creates a new exception, “use of a monitoring device,” which will allow people to listen to, record or intercept a conversation or communication by electronic or mechanical means. Under the bill, a person can use a monitoring device (defined as “a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications”) if it is “placed outside a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.” These are anti-theft and security devices. Current exceptions include:
- A sender or recipient of a message or a person openly present and participating in or listening to a communication may record the communication.
- The use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.
In addition, the bill amends Section 808B.2 under the Interception of Communications Chapter to authorize the owner or lessee of real property to intercept an oral communication when a surveillance system is placed in or on the real property owned or leased by the person and the system is installed with the knowledge and consent of all lawful owners or lessees of the real property and the surveillance system is used to detect or prevent criminal activity in or on property owned or in an area accessible to the public in the immediate vicinity of the property.
The Senate adopted an amendment to section 1 of the bill that further defines “monitoring device” and requires it to be placed “in order to provide proof of or prevent criminal activity”.
[3/20: 48-1 (No: McCoy; Vacant: Dix)]
HJR 2009 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. In addition, the resolution states that “The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
[3/21: 34-15 (No: Bisignano, Bolkcom, Boulton, Danielson, Dotzler, Dvorsky, Hart, Hogg, Jochum, Lykam, Mathis, McCoy, Petersen, Quirmbach, Ragan; Vacant: Dix)]
COMMITTEE ACTION:
HF 2342 prohibits the state from confiscating any fish, furs, birds or animals, or mussels, clams or frogs that were seized because it was suspected that they were illegally possessed, taken or transported, if the person suspected of and charged with illegal possession, is not convicted. If there is no conviction, all seized property must be returned to the person with 30 days of the not guilty finding, dismissal or expiration of the statute of limitations. “Convicted” means a finding of guilt, payment of a scheduled fine, plea of guilty, deferred judgment, deferred or suspended sentence, delinquency adjudication, or when no charge is filed because a person agrees to provide information about another person’s criminal activity.
In addition, under the bill, the state may only condemn property seized as a public nuisance (property used to illegally capture or kill wildlife, such as illegally shooting a bald eagle with a gun) if the person from whom the property was seized is convicted. If there is no conviction, the property must be returned.
Under current law, if property seized as a public nuisance is condemned pursuant to Chapter 483A, any proceeds from the sale of the property go into the Fish and Game Protection Fund. The bill requires the Iowa Department of Natural Resources to report each year to the Legislature on the proceeds deposited into the fund pursuant to the sale of property condemned as a public nuisance. In addition, the bill requires the seizing public agency to adopt a policy that requires detailed records on:
- Property acquired
- The date it was acquired
- How it was disposed and the date of disposition
- Financial records regarding any property sold
The bill prohibits any employee of the seizing agency or an immediate family member from purchasing condemned property, including weapons.
[3/15: 9-4 (No: Boulton, Bisignano, Kinney, Petersen)]
HF 2443 is a clean-up bill that makes necessary changes to a bill from 2016 (Senate File 2288), which made major reforms to the confidentiality of juvenile records.
[3/15: short form]