Senate File 2248
A departmental bill from the Iowa Department of Natural Resources that makes technical changes to the issuance of NPDES permits in order to be in compliance of the Clean Water Act.
Senate File 2191
Makes changes to Iowa’s banking regulations. The legislation was proposed by the Iowa Division of Banking. The primary provisions of the legislation concern the regulation of lines of credit issued over the internet by the creation of interest-rate caps on such loans, giving the Banking Superintendent the authority to intervene in situations where the failure of a national bank or federal thrift could harm a state regulated bank, and allow banks to have staggered terms for their boards of directors.
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Senate File 2195:
Makes changes and clarifications to campaign finance law. The most notable change is to require that committees that seek to “draft” a candidate for public office must disclose their donors and expenditures if they raise or spend more than $750.
Senate File 2196:
Amends various provisions governing election laws administered by the Secretary of State. Specifies that the requirement that election precincts be contiguous, in a single county, and follow census tracks takes precedence over the requirement that townships of more than 2,000 people should be divided into precincts of reasonably equal populations. Allows cities to revise precinct boundaries when the Census Bureau certifies population changes. Directs county election commissioners to give preference to persons willing to serve without pay on election boards for non-partisan elections. Allows for the substitution of precinct chairs on election day, including appointing someone from another political party if the party balance stays within statutory limits. Provides that the city council of any city may notify the county commissioner of elections of persons in the city willing to serve on precinct election boards at a city election without pay. Changes procedures for how a person who requests an absentee ballots can vote on election day. Lastly, this bill is amended to establish a procedure for objections to the nomination petition or eligibility of a candidate for member of the board of directors of a merged area.
Senate File 2151:
Makes supplemental appropriations to the Iowa Department of Human Services.
Senate File 2128:
Requires all county central committees to file campaign disclosure forms electronically. Local campaigns raising or spending over $2,000 will be required to file electronically. These electronic filing provisions go into effect January 1, 2011.
House File 2380:
Allows a farm renter to collect the stover (cornstalks and soybean straw) if the lease is terminated.
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House File 2253:
Adopts a uniform model statute concerning disclaimers that will correspond to legislation being adopted by other states. Disclaimers are used by individuals to legally disavow their interest in an inheritance that by law they are entitled to.
House File 2282:
Relates to judgment liens on homesteads. Pursuant to this bill judgment liens do not attach to real estate of the defendant, occupied as a homestead under chapter 561, except as provided in section 561.21 or if the real estate claimed as a homestead exceeds the limitations prescribed in sections 561.1 through 561.3. A claim of lien against real estate claimed as a homestead is barred unless execution is levied within 30 days of the time the defendant, the defendant’s agent, or a person with an interest in the real estate has served written demand on the owner of the judgment. The written demand shall contain an affidavit setting forth facts indicating why the judgment is not believed to be a lien against the real estate. In addition, so the parties to the real estate transaction would not have to wait the 30 days after the written demand is made and delay the closing, the party serving the written demand may post bond and thereby obtain an immediate court order releasing the claimed lien. Thereafter, any execution of the judgment shall be against the bond, subject to all claims and defenses which the moving party had against the execution against the real estate. The cash bond must be filed with the clerk of court in an amount of at least 125 percent of the outstanding balance owed on the judgment. As such, the end result is the conveyance of the homestead is a smoother, less expensive and a quicker transaction. This bill allows a claim of lien to be effectively addressed without the risks of having a judgment holder lose its valid lien rights to real estate.
House File 2376:
Enables a boundary adjustment between cities. A real property owner within the boundaries of a city may file a petition for severance with the city council if the petitioner’s real property would be eligible for annexation by a different city if severed and if such annexation would not create an island.
House File 2407:
Establishes certain definitions relating to instruments affecting real estate and specifying information to be contained in the index records.
Senate File 2181:
Modifies obsolete language relating to the adoption of occupational safety and health standards with contemporary rulemaking standards. The bill strikes a provision dealing with the conversion of power boilers to low pressure boilers, and adopts new provisions concerning the conversion of power boilers to low pressure boilers in order to update standards. Before any power boiler is converted to a low pressure boiler, the owner or user shall give 10 days’ written notice of intent to convert the boiler to the commissioner. The notice shall designate the boiler location, the uses of the building, and other information specified by rule by the board. The bill also amends the work permit requirements for migrant workers – language in this bill is updated and amended to make the requirements for migrant labor permits more similar to regular youth labor permits.
Senate File 2313:
Modifies provisions applicable to the formation and operation of electric power agencies. Under Iowa Code, electric power agencies are required to enter into joint agreements with other agencies or entities for the financing, acquisition, and operation of projects for the generation and transmission of electric energy. This bill deletes provisions which require voter approval for a city to join another entity to finance electric power facilities. In addition, this bill allows an electric power agency to be organized under Code chapter 390 as a nonprofit corporation, limited liability company, or as a separate administrative or legal entity pursuant to Code chapter 28E. Moreover, electric power agencies shall be a political subdivision of the state of Iowa for purposes of exercising the powers conferred in Code chapter 390 when the agency consists solely of cities or solely of cities and other political subdivisions.
Senate File 2350:
Allows city civil service commissioners to provide goods and services to their city as long as a commissioner takes part in an open and competitive bidding process. The General Assembly previously removed similar restrictions on city council members and aldermen.
Senate File 2291:
A code correction bill relating to special education.
Senate File 2300:
Amends the service and notice requirements for landlords and tenants under Code chapter 562A (uniform residential landlord and tenant Act), the service of notice requirements for landlords and tenants under Code chapter 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. This bill is in response to the Iowa Supreme Court’s Nov. 20, 2009, decision in War Eagle Village Apartments v. Plummer. This bill strikes and amends Code sections 562A.8 and 562B.9, and requires that notices to tenants and landlords must be served according to one or more of the methods specified in the bill. These accepted methods of service for notice include delivery evidenced by an acknowledgement of delivery that is signed and dated by a resident of the dwelling unit, personal service in the manner provided by the Iowa rules of civil procedure for the personal service of original notice, and both posting on the primary entrance door of the dwelling unit and mailing by both regular mail and certified mail. However, if the original notice is posted, it must be posted not less than three days prior to the hearing and shall include the date the original notice was posted. Moreover, the bill provides that service of original notice by mailing must occur not less than three days prior to the hearing and that service of original notice by mail is deemed completed four days after the notice is deposited in the mail and postmarked for delivery.
Additionally, this bill requires that a three days notice to quit be given to a defendant before an action for forcible entry and detainer may be initiated. This bill requires that a notice to quit to be served on the defendant in accordance to one or more of the acceptable methods outlined above. Also, this bill requires an action for forcible entry and detainer to be brought in a county where all or part of the premises is located, requires such an action to be tried as an equitable action, and requires the court to set a hearing no later than eight days from the filing date. Lastly, the bill provides that a default judgment may not be entered against a defendant if original notice has not been served on the defendant as required under the bill.
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