HF 159 – Possession of Meth Precursor Substances
HF 475 – GPS Warrants Obtained by Local Law Enforcement
HF 2132 – Gideon Fellowship Program in the State Public Defender Office
HF 2278 – Restricting Disclosure of Certain Rider Data by Regional Transit Districts
HF 2279 – No-Contact Orders and Protective Orders
HF 2289 – Unmanned Aerial Vehicles
HF 2325 – Pre-1971 Corporation’s Publication Requirements
HF 2326 – Indigent Defense Payments
HF 2368 – Security Freeze Protections
HF 2387 – Garnishment
HF 2423 – Substantive Code Editor’s Bill
COMMITTEE ACTION:
HF 159 adds four additional chemicals (sodium hydroxide, ammonia nitrate, ammonia sulfate, and light or medium petroleum distillate) to the current list of chemicals that cannot be possessed with the intent to manufacture a controlled substance. These substances are commonly used in manufacturing “one pot” methamphetamine. [3/12: short form]
HF 475, as amended in Committee, authorizes local law enforcement officers to apply for a search warrant that authorizes placement, tracking monitoring or removal of a global positioning device. Current law only allows a “special state agent” (a sworn peace officer member of the Department of Public Safety) to apply for a search warrant relating to placement of a global positioning device. [3/12: short form]
HF 2132 establishes a Gideon Fellowship Program in the Office of the State Public Defender. The State Public Defender is authorized to hire up to four lawyers for a term of up to two years. Each hire must be a licensed lawyer admitted to practice law in Iowa prior to commencement of the fellowship. [3/6: short form]
HF 2278 relates to specific customer data and customer transaction history of those who use a regional transit system. Specific information concerning applicants, users and customers of a regional transit system that is collected through the Internet or a fare collections system is considered private data under the bill and is not subject to disclosure except under certain, specified circumstances. For example, aggregate data may be disclosed and personal data may be disclosed pursuant to a warrant. The bill comes from the Des Moines Area Rapids Transit System, which is going to a “swipe card” system. The card allows the collection of data regarding individual ridership patterns, for example. DART wants to ensure that personal data about its riders cannot be accessed by the public. [3/6: short form]
HF 2279 relates to no-contact orders and protective orders. The bill clarifies various provisions of the Code relating to civil domestic abuse protective orders and criminal no-contact orders. [3/12: passed without recommendation short form]
HF 2289 relates to unmanned aerial vehicles. The Judiciary Committee did a strike-after amendment, which primarily addresses two issues related to unmanned aerial vehicles (UAVs):
1. Dealing with potential individual abuse of unmanned aerial vehicles: Sections 1 and 2 of the amendment amend Code section 716.7 of the Iowa Code relating to criminal trespass. Current law says that “entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property of others” is trespassing. Section 1 of the bill adds language that specifies that “interference using visual, auditory, or photographic means that intrudes upon legitimate privacy interests in, on, or around private property that is not normally open to the public or in, on , or around property to which the public is not typically invited” would qualify as trespass. Section 2 adds a new subsection to the criminal trespass section and says that “using an unmanned aerial vehicle or other technology in order to observe a person without the consent or authorization for the purpose of unduly invading the privacy of the person under circumstances in which a reasonable person would not expect to be observed” is also considered criminal trespass. Under current law, criminal trespass is a simple misdemeanor. However, if the trespass causes personal or property damage, the charge is a serious misdemeanor.
2. Law Enforcement and Information Gathered Through Use of an Unmanned Aerial Vehicle: Section 3 of the amendment says that information obtained as a result of the use of an unmanned aerial vehicle is admissible as evidence in a criminal or civil proceeding only if the information is obtained pursuant to the authority of a search warrant. Section 4 of the bill prohibits a state agency or an agency of a political subdivision in Iowa from using an unmanned aircraft system prior to July 1, 2015, unless there is an emergency. No unmanned aerial vehicle can be weaponized if used pursuant to an emergency under this section. However, the prohibition on the use of UAVs does not apply to the National Guard while engaged in its official capacity and the prohibition does not apply to a public or private Iowa postsecondary educational institution or a research organization that is authorized by the federal government to use unmanned aerial vehicles. The last paragraph of Section 4 instructs the Department of Public Safety, in consultation with the Iowa’s Attorney General, other state and local agencies, and other interested organizations, to develop model guidelines for the use of UAVs by law enforcement agencies and report to the General Assembly by December 31, 2014. [3/12: short form]
HF 2325 provides that a corporation organized under Code Chapter 491 prior to July 1, 1971, and which is allowed to continue its existence, may amend its articles of incorporation, merge with another corporation or dissolve without having to publish a notice of its action in a newspaper. [3/12: short form]
HF 2326 allows the State Public Defender to release fee claim information, which is currently confidential, to governmental agencies for the purpose of investigating fraud or other criminal activity of the attorney or vendor submitting the claim. In addition, the bill provides that attorney fees in private actions for termination of parental rights shall be paid by the person who is filing the action for termination of parental rights unless that person is indigent or the action is filed by a licensed private child-placing agency. It confirms that if a parent whose parental rights may be terminated is indigent and requests legal counsel, no other qualifications are necessary for representation. However, the bill maintains the law that on appeal of a termination of parental rights order, the state public defender will assume the attorney costs for the parent whose rights have been terminated. [3/12: short form]
HF 2368 allows a parent or guardian of a person who is under 16 or legal representative or guardian of a person who is incapacitated to request a security freeze on the child’s or incapacitated person’s credit history held by a consumer reporting agency. The freeze will prohibit the consumer reporting agency from releasing the child’s or incapacitated person’s credit report. This bill is intended to protect children and other persons who have legal representatives from identity theft. [3/12: short form]
HF 2387 adds notice requirements relating to garnishment proceedings. The bill provides that within seven days after a writ of execution is served upon a garnishee, the sheriff must serve a notice of garnishment and levy on the judgment debtor by either personal service or restricted certified mail sent to the last known address of the debtor and the judgment debtor’s attorney. The creditor is required to provide the sheriff with the last known address of the defendant and the defendant’s attorney, if there is an attorney. The notice must inform the judgment debtor that certain personal property and wages of the judgment debtor may be exempt from execution or garnishment and that a hearing process is available for the judgment debtor to claim exemptions. [3/12: short form]
HF 2423 is the substantive Code Editor’s bill. The bill adjusts language to reflect current practices, inserts earlier omissions, deletes redundancies and inaccuracies and resolves inconsistencies. [3/12: short form]