The Iowa State Bar Association

2010 Affirmative Legislative Program

Bill No.

Bill Subject

Bill Description

Bill Status

HF 726

Revised Uniform Unincorporated Nonprofit Association Act (RUUNAA).

Promulgated by the National Conference of Commissioner on State Laws, RUUNAA governs all unincorporated nonprofit associations (“UNAs”) that are formed or operate in a state that adopts RUUNAA.

UNAs are often classified as public benefit, mutual benefit or religious organizations, and may or may not be tax-exempt. Members may be individuals, corporations, other legal entities, or a mix. The proposal contains some modifications specific to Iowa law.

Signed by the Governor 4/7/10.

HF 2233

Public Intoxication & PAULA Expungement

Allows for expungement of PAULA convictions (Code Section 123.47) after 2 years and amends the corresponding provision for public intoxication convictions (Code Section 123.46).

Signed by the Governor 3/19/10.

HF 2253

Uniform Disclaimer of Property Interest Act Amendments

Corrects deficiencies in the original uniform act enacted in Iowa in 2004.

Signed by the Governor 3/2/10

HF 2282

Judgment Liens on Homesteads

Amends Iowa Code Section 624.23(2) to clarify that most judgment liens do not attach to homes; to eliminate the need for platting of the homestead where the property is within limits of Sections 561.1-561.3; to provide that a warranty of title in a conveyance generally constitutes a claim of the homestead exemption against apparent judgment liens; to provide that anyone with an interest in the real estate can serve the 30-day execution demand; to provide that the person serving the notice must serve an affidavit indicating why the judgment is not good against the homestead; to provide that any lien claim is barred unless the execution is ordered within the 30-day window; to provide that notice may be served under the Foreclosure Law’s simplified means of service (i.e., certified mail); to provide that proof of service of the notice will be placed in the court file of the case giving rise to the judgment as opposed to recording; to provide for expedited release of judgments by bond to allow real estate closings to proceed with a clerk of court “escrow” of money sufficient to pay the judgment with automatic release of the cash bond if the creditor allows the 30-day execution window to run.

Signed by the Governor 3/2/10

HF 2478

Updates to IA Revised Uniform Limited Liability Company Act and Business Corporation Act

Makes technical corrections to the IA Revised Uniform LLC Act (Iowa Code Chapter 489) and the Iowa Business Corporation Act (Iowa Code Chapter 490).

Signed by the Governor 3/22/10

HF 2483

Probate/Trust Law

Contains update amendments to Iowa Probate Code, Trust Code, Transfers to Minors Chapter, and Inheritance Tax Chapter.

Signed by the Governor 4/14/10.

SF 2138

Final Disposition Act Technical Correction

Amends Iowa Code Section 144C.10(4) to correct a Code reference to clarify that an anatomical gift has precedence over authority of a designee under the provisions of Chapter 144C regarding the declaration of a designee for the purpose of the disposal of last remains.

Signed by the Governor 3/10/10.

SF 2300

Service of Notice Requirements for Landlords/Tenants

In response to the recent Iowa Supreme Court decision, War Eagle Village Apt. vs. Plummer, SF 2300 amends the service of notice requirements for landlords and tenants under Code Chapters 562A (Uniform Residential Landlord and Tenant Act), 562B (Manufactured Home Communities or Mobile Home Parks Residential Landlord and Tenant Act), and the service of notice requirements in an action for Forcible Entry and Detainer.

Signed by the Governor 3/2/10

SF 2383

State Debt Collection (ISBA Judicial Efficiencies Task Force Recommendation)

Establishes a State Debt Coordinator and relates to the collection of state debt.

Signed by the Governor 4/21/10.

HF 2477

Mechanic’s Lien Law

Revises Iowa Code Chapter 572, Mechanic’s Lien Law, to require contractors and material providers to give public notice of their rights in order to perfect a mechanic’s lien. Notice will be posted on a State Construction Registry. Also expands the right to recover attorney fees to any prevailing plaintiff and allows any prevailing defendant to recover attorney fees, not just those defending claims involving owner-occupied properties. Commercial construction is exempt from the central registry requirements.

Did not pass.

HSB 272

Taxation

Amends Iowa Code Section 422.7(21)(a)(1) to extend the Iowa capital gains exemption on the sale of a business held 10 years or more to sales of stock or other equity interests in addition to a sale of assets of the business.

Did not pass.

HSB 554 / SSB 3027

Robbery 3^rd

Creates a new Aggravated Misdemeanor crime of 3^rd-Degree Robbery in situations where the theft involved would be defined as Theft 5^th, the assault involved would be simple assault, no injury occurs, and no weapon is involved. This creates a new charging alternative allowing middle ground between a felony and simple misdemeanor in situations where non-serious assault is coupled with a low-value theft.

Did not pass. See similar Criminal Code Reorg bill, SF 2250 (Aggravated Theft), which was signed by the Governor 4/12/10.

HSB 599 / SSB 3106	Assault as General Intent Crime	Amends the elements of the Assault statute (Code Section 708.1) to return Assault to its traditional characterization as a general intent crime.	Did not pass.
HF 2234 / SF 2096	Post-Marital Agreements	Amends Iowa Code Chapter 596 to allow use of post-marital agreements relating to the disposition of assets following death of a party to the agreement.	Did not pass.
SF 2253	Video Conferencing (ISBA Judicial Efficiencies Task Force Recommendation)	Allows a judge to hold a hearing using video conferencing to meet a statutory in person requirement, and enabling a party to make an application to the court to hold such a hearing in the presence of the judge.	Did not pass.
HSB 589 / SSB 3111	Family Mediation (ISBA Judicial Efficiencies Task Force Recommendation)	Mandates mediation for family law matters when a minor child is involved.	Did not pass.
SSB 3009	Mineral Rights	Makes the provisions of Code Section 614.24 applicable to mineral rights in order that dormant mineral rights either be developed after a reasonable period of time or extinguished. Unless preserved as required by the Code Section, mineral rights (except as to coal) expire in 21 years. Mineral rights in existence on the effective date of the statute may be preserved by filing a claim by the owner within 3 years after the effective date of the Act.	Deferred by ISBA for further work.
	Mental Health County Central Point of Coordination (ISBA Judicial Efficiencies Task Force Recommendation)	When a placement order has been issued pursuant to Section 229, the county CPC shall be responsible for identifying the location of placement. This clarifies that the clerk of court is not responsible.	Not Introduced.

In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as a part of its 2010 Affirmative Legislative Program:

Full funding of the Judicial Branch.
Adoption of legislation providing for an automatic, periodic increase in indigent defense fees.
Full funding for Legal Services.
Child abuse prevention and treatment efforts and full funding for child abuse prevention and treatment.
Full funding of the Office of Substitute Decision Maker established pursuant to Iowa Code Chapter 231E.
Oppose the legalization of title insurance.
Oppose the Iowa Land Title Association’s proposal to restrict lawyer abstracting under Iowa Title Guaranty.
Oppose absolute immunity legislation.

Updated: 5/11/10