Judiciary – Week of March 31, 2011

STAFF CONTACT:  Cathy Engel

HF 243 – Instruments Used to Update the County Transfer Books

HF 271 – Bail for Criminal Defendants and Credit for Time Served in Municipal Holding Facilities

HF 321 – County Attorney Duties

HF 565 – Service Upon Foreign Corporations and Names of Limited Liability Companies

FLOOR ACTION:

HF 243 rewrites Code Section 558.66 (Conveyances – Title Decree-Entry on Transfer Books) to provide a mechanism for individuals to update real estate ownership information in the administrative records of the auditor, assessor and treasurer. There are times when county real estate records become incorrect over time because of events such as the death of a joint tenant, the merger of entities, an entity changes its name, and property passes in probate from a deceased individual to the beneficiaries. This property is not “conveyed” and therefore no conveyance is recorded with the recorder. As a result, legal titleholders to real property need a mechanism to update real estate ownership information in the county administrative records so that they match the land title records. The Code currently provides that administrative records can be updated when no conveyance has occurred in two limited circumstances: when a certificate is issued by the court establishing a person’s title to real estate by judgment, decree, or will; or when an affidavit of a surviving spouse in joint tenancy wit right of survivorship is recorded. This bill expands the use of the statutory mechanism for updating records to include an affidavit of any surviving joint tenant (not just a spouse) or person who owns a remainder interest in property; an affidavit by an entity following a merger, consolidation, name change or change of fiduciary; articles of merger, consolidation or name change if the legal description of the real estate is attached. [3/28: 50-0]

HF 271 allows the posting of bail by a defendant who was convicted of and awaiting sentencing or appealing a conviction for assault without the intent to cause serious injury but causing serious injury. In addition, the bill ensures that persons convicted of crimes will receive credit for time served in municipal holding facilities. [3/28: 50-0]

COMMITTEE ACTION:

HF 321 strikes provisions requiring a county attorney to bring an action against a debtor who owes money to the permanent school fund created in Code chapter 257B. The bill specifies the school board shall bring the action against a debtor who owes money to the permanent school fund. The bill strikes a provision requiring a county attorney to provide legal advice to a school or school officer. The bill repeals Code chapter 818 which establishes the interstate extradition compact for fugitive criminal defendants. The bill also repeals Code chapter 819A relating to the uniform Act for rendition of prisoners as witnesses in criminal proceedings. The bill does not affect Code chapter 819 (uniform Act to secure witnesses from without the state) and Code chapter 820 (uniform criminal extradition Act). These sections relating to county attorney duties are outdated and unnecessary and are essentially “cleanup.” [3/24: short form (Ward excused)]

HF 565 relates to property in Iowa owned by out-of-state companies that do not have a certificate of authority to do business in Iowa. The bill allows service for an in rem action (against real or personal property) to be accomplished by certified mail addressed to the foreign (o out-of-state) corporation’s secretary at its principal office as listed in public records. In 2008, the general assembly enacted HF 2633, which replaced the Uniform Limited Liability Company Act under Code chapter 490A with the Revised Uniform Limited Liability Company Act under Code chapter 489. An existing limited liability company could continue to be governed under Code chapter 490A until its repeal on December 31, 2010. A new limited liability company formed on or after January 1, 2009, must be formed under Code chapter 489. The bill amends Code section 489.1103, to provide that a professional limited liability company may be referred to as a “professional limited company” or abbreviations of that name, which is the same name or abbreviations recognized under old Code section 490A.1503. This provision applies retroactively to an old professional limited liability company that was subject to Code chapter 490A and is now governed under Code chapter 489 and to any new limited liability company that was formed on or after January 1, 2009, and that has always been governed under new Code chapter 489. This division takes effect upon enactment. [3/24: short form (Ward excused)]