SF 127 – Restoration of Voting Rights
SSB 3056 – City Elections
SSB 3059 – Private Construction Contracts – Prompt Pay
SSB 3108 – Fantasy Sports
SSB 3151 – Native Horses
COMMITTEE ACTION:
SF 127 enacts a new Code section 914.8, which requires that, upon discharge from certain criminal sentences, citizenship rights related to voting and qualification for public office must be restored. The bill requires that the right to register to vote and to cast a vote be restored for any individual who has been discharged from criminal sentence, including any accompanying term of probation, parole or supervised release. The restoration of citizenship rights provided for in the bill will only extend to the right to register to vote and to cast a vote, and would not include any other citizenship rights. The bill does not relieve the individual of unpaid restitution, fines or other obligations resulting from conviction within the terms or conditions of a criminal sentence. The bill does not limit an individual’s ability to apply to the governor for a restoration of citizenship rights, as currently provided for in Code chapter 914. The Department of Corrections is required to notify the state registrar of voters upon the discharge of criminal sentence for an individual. The bill requires that, where applicable, the Judicial District Department make the notification. The bill takes effect upon enactment and applies retroactively to January 14, 2011. [2/12: 9-6, party-line]
SSB 3056 makes a number of changes to procedures in local elections. As amended, the bill:
• Moves the repository for the filing of local election paperwork from the city clerk to the county auditor, ensuring uniform election practices.
• Ensures that vacancies on city councils are filed by either appointment or by election in a timely fashion. An appointment is required to be made within 60 days after the vacancy occurs. The appointment is for the period until the next regular city election, unless there is an intervening special election in that city. If there is a special election, the election for the office is required to be placed on the ballot at the special election. If the council fails to make an appointment within 60 days, the city clerk is required to give notice of the vacancy to the county auditor. The county auditor is required to call a special election to fill the vacancy at the earliest practical date, but no fewer than 32 days after the notice is received. [2/12: short form, all “ayes”]
SSB 3059 creates the Iowa Fairness in Private Construction Contracts Act. A person or entity that enters into a contract for private construction is required to make all payments pursuant to the terms of the contract. A provision in a private construction contract that waives, releases or extinguishes the right to resolve disputes through litigation is void, although arbitration may be required. “Construction” is the same as the definition in 103A.3 (State Building Code). “Contract” is the same as the definition used in 554.1201 (Uniform Commercial Code). Owner” is the same as the definition in 103A.3 (State Building Code). “Prime Rate” means the prime rate charged by banks on short-term business loans, as determined by the boards of governors of the Federal Reserve System and published in the Federal Reserve bulletin.
A provision in a contract for private construction making a payment from a contractor or subcontractor to a subcontractor contingent or conditioned upon receipt of a payment from any other private party is no defense to a claim to enforce a mechanic’s lien or bond to secure payment of claims pursuant to Code chapter 572 (Mechanics Lien). A contract for private construction is required to provide that payment of amounts due to a contractor from an owner, except retainage, must be made within 30 days after the owner receives a timely, completed, undisputed request for payment. If an owner fails to pay a contractor by the date payment is due, the owner is required to pay interest to the contractor beginning the first business day after payment is due at a rate of prime plus one.
A contractor is required to pay a subcontractor any amount due within 10 business days of the latter of either the receipt of payment by the contractor from the owner, including retainage, if released, or the date payment to the subcontractor is due pursuant to the subcontract. If a contractor fails to pay a subcontractor in this way, the contractor is required to pay interest to the subcontractor beginning the first business day after payment is due, at a rate of prime plus one percent per year.
Retainage is defined as money earned by a contractor or subcontractor but withheld to ensure proper performance. An owner, contractor or subcontractor may withhold no more than 5 percent retainage from the amount of any undisputed payment due. If anyone fails to pay retainage as required, they must pay interest at the rate of prime plus one percent per year.
If there is any action taken to enforce these provisions, including arbitration, the court or arbitrator is required to award costs and reasonable attorney fees to the prevailing party. Rights and duties prescribed cannot be waived or varied under the terms of a contract, and a provision of a contract doing so is unenforceable.
These provisions do not apply to single-family residential housing and multifamily residential housing of four units or less, public works or public utilities as defined in 476.1, or public improvement projects. These provisions apply to construction contracts entered into on or after the effective date of this act. [2/10: short form (McCoy excused]
SSB 3108 authorizes the paying of awards and prizes to participants in fantasy sports contests. The definition of bona fide contests (99B.11) is amended to provide that a fantasy or simulation sports contest is a bona fide contest, allowing the payment of awards to persons winning the contest, if certain conditions are met. A fantasy sports contest is a bona fide contest if all prizes and awards offered to wining participants are established and made known in advance of the contest, all winning outcomes reflect the relative knowledge of skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals in multiple actual sporting events, and no winning outcome is based on the score, or performance of any actual team or combination of such teams or solely on any single performance of an individual athlete in any single actual sporting or other event. [2/10: short form (McCoy excused)]
SSB 3151 makes changes to the Code section relating to native horses as they pertain to pari-mutuel wagering in Iowa. SSB 3151 strikes the section requiring that 51 percent of an Iowa registered stallion is required to be owned by bona fide Iowa residents. [2/12: short form, all “ayes”]