Judiciary Committee Report – Week 8, 2019

SF 10 is a bill relating to grandparent and great grandparent visitation. Current law relating to grandparent visitation specifies that the parent who is the child of the grandparent or great-grandparent or grandchild of the great-grandparent must be deceased to petition for visitation, and the grandparent or great-grandparent must prove that a substantial relationship with the child was established before the petition was filed. In addition, the court must find that the parent is not fit to make this particular decision.

Under this bill, if a petition for grandparent or great-grandparent visitation is filed and the respondent objects to the petition, the court will stop proceedings and refer the parties to mediation. If no agreement is reached through mediation, court proceedings will resume unless the petition is dismissed or withdrawn.
[3/6: 12-3 (No: Bisignano, Hogg, Petersen)]

SF 125 – Needle exchange pilot program

SF 125 establishes a needle exchange pilot program administered by the Department of Public Health in cooperation with the Department of Public Safety and the Office of Drug Control Policy and cities, counties and nongovernmental organizations. The Department of Public Health will choose five jurisdictions (cities, counties or NGOs) to participate in the five-year pilot program. The program will offer:

Disposal sites for used hypodermic needles and syringes.
Hypodermic needles, syringes and other injection supplies at no cost and in quantities sufficient to ensure that they are not shared or reused.
Educational materials and referrals regarding:
Overdose prevention and naloxone administration.
Prevention of HIV, viral hepatitis and other bacterial infections associated with intravenous drug use.
HIV and hepatitis C testing.
Evidence-based treatment.
Treatment for those with mental illness.

Employees of or participants in the program must have a unique program identification card, which will mean possession of syringes, needles or other injection supplies is not considered possession of drug. At the end of the five-year pilot, a report will be sent to the Legislature on the effectiveness of the program and any recommendations concerning the program.
[3/5: 12-3 (No: Chapman, Sinclair, Sweeney)]

SF 126 – Adult adoptees obtaining copies of original birth certificates

SF 126 provides a process for adult adoptees and their spouses or close relatives to obtain a non-certified copy of the adult adoptees original birth certificate. Current law in Iowa prohibits those who were adopted from obtaining a copy of their original birth certificate. This bill will change that by allowing those over 18 to obtain copies of their original birth certificates. The State Registrar of Vital Statistics of the Department of Public Health will develop a contact preference form on which a biological parent may state a preference regarding contact by an adult adopted person or their relative. In addition, the Registrar is to develop a medical history form on which a biological parent may provide family medical history. If a biological parent fills out these optional forms, the Registrar will attach them to the original birth certificate, and the forms will be provided to the adult adoptee or relative who applies for and receives a copy of the original birth certificate.

[3/5: short form]

SF 151 – Home improvement fraud

SF 151 creates the crime of home improvement fraud. A person who acts as a contractor is guilty of home improvement fraud if he or she enters or offers to enter into a home improvement contract and does any of the following:

Knowingly uses or employs a false pretense or false promise to convey a need to enter into a home improvement contract.
Knowingly makes a false statement or knowingly creates or reinforces a consumer’s false impression or belief regarding the condition of the consumer’s property.
Provides false information regarding the terms of the contract.
Receives monies for supplies and work but fails to use those monies within the specified time periods or fails to pay for the services, labor, materials and equipment incident to the home improvement.
Knowingly provides a false name, false business name, address or contact information to the consumer.
Knowingly represents that repairs or work have been performed when repairs have not been performed.

It will be a “D” felony if the contract price or the amount paid to the consumer is $1,500 or above or if the consumer is age 62 or above at the time of the occurrence, or if the defendant was previously convicted of consumer fraud. Any other consumer fraud without these circumstances is an aggravated misdemeanor.
[2/28: short form (Absent: Hogg, R. Taylor)]

SF 180 – Eluding law enforcement and seizing a motor vehicle

SF 180 allows a law enforcement agency to keep a motor vehicle that was involved in suspected eluding until the final disposition of the criminal proceeding if the person charged with eluding is the registered owner.
[3/5: 10-5, party line]

SF 213 – Employees carrying firearms onto employer’s property

SF 213 requires that public and private employers allow their employees (including contract employees and volunteers) who have valid permits to carry dangerous weapons to bring their firearms and ammunition upon the employer’s property if the firearms and ammunition are out of sight, inside the employee’s locked vehicle and located in designated employee parking. The bill provides immunity to the employer or property owner for damages that result from any firearm or ammunition brought onto the employer’s property.

[2/28: short form (No: Petersen, Absent: Hogg, R. Taylor)]

SF 235 – Expediting a divorce when one party is a victim of domestic abuse

SF 235 allows for an expedited dissolution of marriage when there is a history of domestic abuse as established by competent evidence and the allegation of abuse is included in the dissolution petition.
[3/5: short form]

SF 243 – E-Verify use required of Iowa businesses

SF 243 requires Iowa employers to use the federal E-Verify system to ascertain whether job applicants may be legally hired. Under the bill, an employer must not knowingly employ an unauthorized alien. Employer is defined as any person who transacts business in Iowa and has a license issued by an agency of this state. It includes public employers and self-employed individuals.

After hiring or rehiring an employee, an employer will verify their eligibility through E-Verify and keep the record of verification for the duration of employee’s employment or at least three years, whichever is longer. To receive any economic development incentives from government entities, the employer must register with and participate in E-Verify. Iowa Workforce Development will investigate complaints, which then may be filed in district court:

First violation – The employer is subject to a three-year probationary period for the business location where the unauthorized alien performed work. During this period, the employer must file quarterly reports with Iowa Workforce Development for each new employee hired. The employer will file a signed sworn affidavit within three business days after the order is issued, stating they have terminated all unauthorized aliens and will not knowingly employ an unauthorized alien. If the employer doesn’t file the sworn affidavit, their business licenses will be suspended.
Second violation – The court will order the appropriate agencies to permanently revoke all licenses held by the employer for the business location or at the employer’s primary place of business.

A violation is considered a first violation if doesn’t occur during the probationary period. A violation is considered a second violation if it occurs during the probationary period.

The Secretary of State (SOS) must maintain a database of the employers and business locations that have committed violations, which will be available on the SOS’s website. SOS will also keep a database of employers that participate in E-Verify and make that list available on the SOS’s website.

The Federal government’s determination that the employee is an unauthorized alien creates a rebuttable presumption of the employee’s unauthorized status.
[3/5: 11-4 (No: Hogg, Kinney, Petersen, R. Taylor)]

SF 256 – Medical Cannabidiol Act

SF 256 is based on a set of recommendations from MedPharm (a CBD manufacturer and distributor). It changes and adds conditions eligible for Iowa’s Medical Cannabis program:

Removes the requirement that MS patients present with “severe and persistent muscle spasms.”
Changes “untreatable pain” to “severe and chronic pain.”
Adds PTSD.
Allows doctors to certify additional conditions they believe CBD can help.
Hospice patients are automatically eligible.
The bill adds physicians’ assistants and ARNPs as practitioners that are eligible to certify conditions.
Two public members who are patients are added to the Medical Cannabidiol Board.
It allows medical cannabidiol manufacturers to make deliveries to patients pursuant to rules.
Plant waste can be neutralized with chemicals, rather than composted.
Includes protections for licensed professionals from state-level disciplinary action solely because of their work with clients or patients in the program.
Medical cannabidiol sales are exempt from sales tax.
The Department of Transportation is removed from the process of issuing medical cannabidiol cards. The Iowa Department of Public Health will issue the cards.
[3/5: 11-4 (No: Chapman, Dawson, Garrett, Whiting)]

SF 288 – Purple paint as notice of no trespassing

SF 288 proposes changes to Iowa’s trespassing law. If a property owner places purple paint around the owner’s real property on trees or fence posts as specified in the bill, that constitutes no trespassing notice. Anyone entering property marked with purple paint commits trespassing. The bill becomes effective July 1, 2020. Purple paint notice of trespassing does not apply to property located in a city with a population of 60,000 or more. The state departments of Agriculture and Natural Resources must conduct an information campaign to educate the public and property owners about this law.
[2/28: short form (Absent: Hogg, R. Taylor)]

SF 380 – Sexual exploitation by a youth sports coach

SF 380 adds youth athletics coaches to the categories of those who can be charged with sexual exploitation. A youth athletics coach is a person who is not a school employee, whether paid or unpaid, who coaches, or is an assistant coach of a youth athletics team comprised of students or an individual student athlete. Sexual exploitation occurs when the coach engages in a pattern or practice or scheme of conduct which essentially is grooming of the student athlete. It is also any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student.
[3/6: short form]

SSB 1008 – Vehicular homicide pre-trial conditions of release

SSB 1008 provides that the court may suspend the license, prohibit driving by, and require supervision of, any person charged with vehicular homicide for driving while intoxicated or vehicular homicide while driving recklessly or eluding. If a person’s license is suspended by court order, the clerk of court must inform the Department of Transportation for notation of the suspension in the defendant’s driving record, and no new license will be issued until the court order is terminated.
[2/28: short form (Absent: Hogg, R. Taylor)]

SSB 1063 – Clerks of court

SSB 1063 allows a clerk of court to be appointed to serve as clerk in more than one county in the same judicial district. Currently, a clerk cannot be appointed to serve in more than four contiguous counties. In addition, the bill removes the requirement than an applicant for a clerk of court position be a resident of Iowa when the application for a position is submitted. However, if someone is appointed, they must be a resident of Iowa within 90 days of appointment.
[2/28: short form (Absent: Hogg, R. Taylor)]

SSB 1053 – Rental agreement late fees; forcible entry and detainer

SSB 1053 changes some of the late fees that may be charged to a renter. The bill maintains current law which says:

For any rental agreement of $700 or less per month, a rental agreement will not provide for a late fee that exceeds $12 per day or $60 per month.
For rental agreements greater than $700 per month but less than $1,400, the late fee cannot exceed $20 per day or $100 per month.
Any rental agreement in which the rent is at least $1,400 per month, the rental agreement will not exceed two percent of the rent per day or 10 percent per month.

For rental agreements under the uniform mobile home park landlord tenant chapter, the bill maintains the late fees of $12 per day or $60 per month. When the rent is greater than $700 per month but less than $1,400, a rental agreement will not include a late fee that exceeds $20 per day or $100 per month. When rent is $1,400 or more per month, the late fee cannot exceed two percent of the rent per day or 10 percent of the monthly rent.

In addition, the bill provides that an action for forcible entry and detainer where the hearing is set beyond the 15-day requirement, the court will still have jurisdiction to hear the action for the forcible entry and detainer.
[2/28: 9-3-1 (No: Bisignano, Kinney, Petersen; Present: Dawson; Absent: Hogg, R. Taylor)]

SSB 1054 – Removing statute of limitations relating to child sex abuse

SSB 1054 removes the criminal statute of limitations for sex abuse in the first, second and third degree committed against a person under 18, allowing criminal charges to be brought at any time after the offense is committed. Under current law, charges must be brought within 10 years after the minor turns 18 or within three years after identification of the perpetrator through the use of a DNA profile, whichever is later. In addition, the bill removes the criminal statute of limitations when the following crimes are committed against a person under 18:

Incest
Sexual exploitation by a counselor, therapist or school employee
Lascivious acts with a child
Assault with intent to commit sexual abuse
Indecent contact with a child
Lascivious conduct with a minor
Sexual misconduct with a juvenile
Child endangerment in violation of section 726.6, subsection 4, 5 or 6
Sexual exploitation of a minor
[3/5: short form]

SSB 1136 – Post-conviction DNA profiling

SSB 1136 updates Iowa’s law regarding the ability of a defendant to pursue DNA testing after a conviction. Dozens of convicted individuals across the country have been exonerated through DNA testing. The technology has improved dramatically over the years and consequently DNA evidence can be tested with smaller evidentiary samples. Iowa’s law is written in such a way that it prohibits convicted defendants from obtaining updated DNA testing. This bill will allow defendants, under specified conditions, to apply for post-conviction DNA testing.
[3/6: short form]

SSB 1144 – Exhibiting obscene material to minors

SSB 1144 changes the law relating to exhibiting obscene material to minors. Iowa law currently makes it a crime for any person other than a parent or guardian to knowingly disseminate or exhibit obscene material to a minor. The offense is punishable as a serious misdemeanor. This bill removes this exception in the law, making it a crime for any parent or guardian or any other person to disseminate or exhibit obscene material to any minor, including a parent’s own child.

“Obscene material” is defined in Iowa law as “any material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political or artistic value.”

[2/28: short form (Absent: Hogg, R. Taylor)]

SSB 1146 – Notice and opportunity to repair construction defects

SSB 1146 was requested by Hubbell Realty. The bill sets up a required process to help resolve construction disputes before any class-action lawsuit is filed relating to construction defects. It sets out time limits relating to the process and certain conditions that must be met before a claimant goes to court, and no court action is allowed to proceed until a claimant complies with the requirements set out in this bill. This will apply only to new construction and class actions.
[3/6: short form]

SSB 1147 – Mechanic’s liens

SSB 1147 relates to mechanic’s liens and the homestead. Under Iowa law, a homestead (generally protected from debtors) may be subject to a judicial sale to satisfy some debts, including those incurred for work done or material furnished exclusively for the improvement of the homestead – usually when a mechanic’s lien is filed. The bill clarifies that sale of the homestead would go to pay debts secured by a mechanic’s lien, including principal, interest, attorney fees and costs, or those otherwise incurred for work done or material furnished exclusively to improve the homestead.
[2/28: short form (Absent: Hogg, R. Taylor)]

SSB 1167 – Blue alert program

SSB 1167 creates an alert program, which will be a cooperative effort between the Department of Public Safety and local law enforcement agencies to aid in searching for a suspect of a crime involving death or serious injury of a peace officer in the line of duty or a peace officer who is missing. Upon notification from a law enforcement agency of the death or serious injury of a peace officer, the State Patrol communications center will activate a blue alert under all of the following circumstances:

The suspect has not been apprehended.
A law enforcement agency believes that the suspect may be a serious threat to the public.
Sufficient descriptive information is available for the public to assist in locating the suspect.
[3/6: short form]

SSB 1170 – Nonconsensual termination of a pregnancy

SSB 1170 makes changes to current Iowa law relating to nonconsensual termination or serious injury to a human pregnancy.

Under current law, it is a B felony if a person terminates a human pregnancy without the consent of the pregnant person during the commission of a forcible felony. In addition, a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class C felony.

The bill strikes those two Code sections and replaces them with this language:

A person who knew or reasonably should have known that a person was pregnant is guilty of a class A felony under the following circumstances:
- The person intended to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy.
- The person knew or reasonably should have known that the person’s actions would cause the death of or serious bodily injury to the pregnant person or would terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy.
- A person who knew or reasonably should have known that a person was pregnant is guilty of a class A felony if the person, without specific intent to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, terminates the human pregnancy without the pregnant person’s consent, during the commission of a felony.
The penalty for intentionally terminating a human pregnancy without the knowledge and voluntary consent of the pregnant person will be a B felony.
The penalty for a person who unintentionally terminates a human pregnancy by driving while intoxicated will be a B felony.
[3/6: short form]

SSB 1172 – Substantive code editor’s bill

SSB 1172 is commonly referred to as the Substantive Code Editor’s Bill and is submitted annually by the Iowa Code Editor to the Judiciary Committee pursuant to Iowa Code Section 2B.6 and Joint Rule 11. The substantive Code Editor’s bill makes various changes throughout the Code including, but not limited to, correcting language to conform to other code language or current practices, eliminating conflicting language or ambiguous language, and repealing or striking redundant language.
[3/6: short form]

SSB 1198 – Officer involved critical incident and shooting investigations

SSB 1198 sets out a process for the investigation of peace officer involved shootings and officer involved critical incidents. The bill requires a chief of police, sheriff or head of any law enforcement agency to report an officer-involved shooting or critical incident to the Division of Criminal Investigation of the Department of Public Safety within 24 hours of the incident. An officer involved critical incident is when the officer in the officer’s official capacity as a peace officer does any of the following:

Uses a dangerous weapon against a person that causes injury to any person.
Causes a fatal injury to any person from the use of a motor vehicle.
Causes the death of a person who is in the officer’s custody, not including a death that is the result of natural causes, etc.
Causes a fatal injury to a person resulting from the officer attempting to prevent a person’s escape from custody, while making an arrest, or otherwise gaining physical control of a person.

An officer involved shooting means the discharge of a firearm by an officer that results in serious bodily injury or death of a person, including an accidental discharge.

After DCI is informed of the incident, it may commence a criminal investigation upon request of the attorney general, a county attorney, chief of police, sheriff or head of any other law enforcement agency. The investigating officer may request that the officer who is the subject of the investigation submit to a voluntary interview; and will allow a reasonable opportunity for the officer who is the subject of the investigation to secure legal counsel in advance of the interview.

The officer who is the subject of the investigation has the right to receive copies of any video and audio recordings that the employing agency has. Those recordings will be provided at least 48 hours prior to an interview, interrogation or grand jury proceeding. The name of the officer will be kept confidential until the officer has been interviewed or until the officer declines a voluntary interview. The employing agency must offer the officer confidential peer support and confidential counseling at no charge.
[3/6: short form]

SSB 1199 – Iowa protected series act – limited liability companies

SSB 1199 creates the Uniform Protected Series Act relating to limited liability companies (LLCs). Iowa law currently provides for business entities called “series limited liability companies.” This legislation is a product of the Uniform Law Commission and has been developed over several years of study. It expands upon Iowa’s current law, provides creation, filing, reporting and record keeping provisions. A series is like an unincorporated division or “cell” established within a limited liability company by its operating agreement. In addition to “vertical liability shield,” which shields shareholders of corporations and members of limited liability companies generally from personal liability for debts and obligations of the corporation or LLC, a series established by an LLC in conformity with the law will qualify for “horizontal liability shield” that shields the series’ assets if the LLC complies with the law, from debts and liabilities of the LLC and other series it has established. The Bar Association indicates that the benefits of the bill will include:

Requiring a filing to establish a protected series to ensure accurate and available information at the Secretary of State’s office regarding how many series LLCs have established protected series. Currently, there is no way of knowing how many have been established in Iowa.
Requiring a more specific description of what records must be created, maintained and preserved for the series to be a protected series.
Allows for disregarding of the liability shields that are consistent with law.
Provides a more thorough definition and description of the nature of a protected series, which will facilitate business transactions.
[3/6: short form]

SSB 1203 – Background checks for those working with children, elderly and those with disabilities

SSB 1203 permits entities that provide care or care placement services to request a national criminal history record check by the FBI on covered individuals through the Department of Public Safety. Covered individuals include those who may have access to children, the elderly or individuals with disabilities served by a qualified entity and who is employed by, volunteers with or seeks to volunteer with a qualified entity. Qualified entities can include a business or organization, whether public private, for-profit, nonprofit or voluntary that provides care or placement services. The covered individual will provide fingerprints, which will be submitted to the Division of Criminal Investigation to complete the national criminal history check. The Department of Public Safety will adopt rules to administer this Chapter.
[3/6: short form]

COMMITTEE ACTION:

SF 10 – Grandparent visitation