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FLOOR ACTION:
SF 561 – Cold Case Unit in the Department of Public Safety
SF 561 establishes a Cold Case Investigation Unit within the Department of Public Safety. The unit will investigate after a law enforcement agency conducts an initial criminal investigation. The Cold Case Unit will focus on unsolved murders, missing children and missing adults presumed to be deceased. The commissioner of the Department of Public Safety must appoint at least two full-time agents to the unit.
[4/13: 46-0 (Absent: Hogg, Lofgren, Nunn, Rozenboom)]
HF 309 – Non-disclosure of personal information of tax-exempt organizations
HF 309 prohibits any public agency from seeking disclosure of personal information from a 501(c) tax-exempt organization that would reveal the identity of a member, supporter, volunteer or donor of the organization. Additionally, public agencies cannot request from a current or potential contractor a list of tax-exempt organizations that the contractor has supported.
- Personal information may be disclosed pursuant to a lawful warrant or discovery request when there is a compelling need for the information by clear and convincing evidence.
- Disclosure of personal information is permitted when there is an agreement between an organization and a public agency.
- Personal information is exempt from the definition of public records under Code Chapter 22.
- Those who violate this law are subject to civil and criminal penalties.
[4/13: 45-1 (No: Garrett; Absent: Hogg, Lofgren, Nunn, Rozenboom)]
HF 561 – Mechanic’s Liens
HF 561 came back from the House with an amendment to fix the bill after the Senate Republican floor manager of the bill called up and passed the wrong amendment. There are two distinct parts to the bill.
1. A perfected lien will be limited to the county or counties in which the building, land or improvement to be charged is situated. Current law only refers to the singular “county.” Currently, when property is located in more than one county, the lien must be filed more than once for each county, and a contractor at times must post a bond for each lien filed relating to the same property.
2. In addition, the bill adds that in an action brought upon a bond given in lieu of a mechanic’s lien, the prevailing plaintiff may be awarded reasonable attorney fees. Current law says that a prevailing plaintiff in an action to enforce a mechanic’s lien may be awarded reasonable attorney fees. The bill also adds that in an action to defend any bond given in lieu of a mechanic’s lien on residential construction property, if the person defending against an action on the bond prevails, the court may award reasonable attorney fees and actual damages. Current law only refers to an action to challenge a mechanic’s lien posted on a residential construction property, but does not refer to any bond given in lieu of a lien.
The bill has a delayed effective date of January 1, 2022. This is in response to a request by the Secretary of State to delay implementation to make necessary software changes.
[4/13: 46-0 (Absent: Hogg, Lofgren, Nunn, Rozenboom)]
HF 710 – Child Endangerment – Sex Offender
HF 710 adds a new section to Iowa’s Child Endangerment statute. It will be child endangerment when a registered sex offender whose offense was a sex offense against a minor has control of or unsupervised access to a minor. Under current law, a parent or guardian who allows a registered sex offender to have control of or unsupervised access to a minor commits child endangerment. This bill adds that the sex offender will also be committing child endangerment.
The crime of child endangerment does not apply in these situations:
- When the sex offender is the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.
- When the sex offender is married to and living with the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.
Any violation is a “D” felony, which can result in up to five years in prison and a fine.
[4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]