Governor Culver Signs Domestic Violence Prevention Bill

Press Release

Governor Chet Culver today signed legislation that will help protect Iowa families by taking guns out of the hands of abusers. Senate File 2357 prohibits a person who has been convicted of a domestic abuse crime, or is subject to a permanent civil protective order, from possessing firearms or other offensive weapons.

"As Governor, I stand with victim advocates and the Legislature in believing that doing nothing to prevent domestic violence is simply not an option," Governor Culver. "It is our duty to do whatever we can to keep Iowa families safe, and this common-sense legislation provides an important tool to do so. I am proud to sign this bill in the name of all who have suffered at the hands of domestic abusers, and in the memory of all who have sadly lost their lives."

The Governor also signed the following bills today:

Senate File 2202

* Strikes references to "persons with physical disabilities" in the Code and replace it with "persons with disabilities." This expands state disability rights to those with disabilities other than physical, such as mental disabilities.
* Removes the section of Iowa law concerning curb cuts and ramps from the code and replaces it with a provision that curb cuts and ramps in Iowa comply with the Americans with Disabilities Act (ADA). The existing code section was not in compliance with ADA.
* Removes the requirement that hearing and service dogs be trained by a recognized training facility. Unlike guide dogs for blind individuals, there are no recognized training facilities for hearing or service dogs in Iowa.

House File 2422
Stems from Rebuild Iowa Advisory Commission recommendations; sets up a system for individuals affected in a major disaster to connect to the resources available to them.

Senate File 2299
Makes modifications to the Iowa Grain Indemnity Fund, which provides a safety net for farmers who deliver grain to a facility that goes out of business. Makes no change to the per-bushel fee that can be passed on to producers. Moves the bulk of the industry fees from warehousing to grain dealing. Provides for grain dealers to pay an assessment of $0.0014 per bushel on grain purchased in the dealer's fiscal year, with no limit. However, grain purchase via credit-sale contract would not be assessed. The bill provides for warehouse operators to pay an assessment of $0.0014 per bushel of storage capacity, with a limit of $500. Both the grain dealer and warehouse operators fees would have a $50.00 minimum charge, however. The rate of $0.0014 was chosen to preserve the ratio of producer to industry payments at the existing approximate 89% and 11% respectively. The bill changes the industry fees to rest about 93% on grain dealers and 7% on warehouse operators. The bill moves the biggest share of the fees to bushels of grain handled, rather than on static bushels of storage capacity (whether used or not).

House File 2402
Requires the Department of Public Health, in cooperation with the Iowa Healthcare Collaborative and the American Heart Association, to develop a plan to implement a stroke triage system and registry. This plan would be reported to the next General Assembly..

Senate File 2234
Imposes a duty of good faith performance on both parties to a vehicle franchise contract. The bill makes clauses that restrict jurisdiction to a forum outside the state or for performance to follow the laws of another state, void. The bill allows civil actions to start wherever subject matter jurisdiction exists, and makes provision requiring waiver of other rights or restrictions on adding other makes, void. The bill requires that the provision be liberally construed. The primary intent is to maintain the protections offered by Iowa law (Code Chapter 322) by preventing a franchiser from using jurisdictional or choice of law provisions that would require interpretation under the law of a state other than Iowa, and by ensuring that agreements entered into outside the main franchise agreement (whether before, during, or after the franchise) are considered to be part of the main franchise agreement and subject to the same restrictions and interpretations.

House File 2460
Calls for an annual assessment of the DOT of the impact of federal and nonfederal contracts awarded on socially and economically disadvantaged individuals, women, and persons with disabilities. Recommendations would be submitted to the Governor and General Assembly. The bill includes provisions for a set-aside of highway contracts for small businesses.
House File 734
Creates the Uniform Adult Guardianship Act and includes definitions and provisions on multi-state cases, including a definition on home states, provisions on jurisdiction between states, and on other matters. The bill will assist in the resolution of interstate guardianship issues, which will benefit Iowans, for example, who have guardianships in Iowa but spend winters in other states.
House File 2148
In partnership with the Iowa National Guard, IFA launched the Military Service Member Homeownership Assistance Program in March 2005 with a $1.05 million state allocation. In 2006 and each succeeding year, the Legislature has allocated additional funds for this program, which provides grants of $5,000 toward the purchase of a home to military personnel who served or serve on active duty since September 11, 2001. In FY09, the program helped 373 service members buy homes. Since the program's inception, over 1600 families have been able to take advantage of this opportunity. This legislation allows lending institutions that are not currently an IFA participating lender to participate in the program if they apply to do so. This will allow them to offer mortgages to service members who also want to take advantage the $5,000 grant. Borrowers often want to use the same lending institutions that they've used for years. Because some of those institutions have not been participating lenders they've not been able to offer a well-deserved option to long-time customers. This bill corrects that.

House File 2461
Strengthens skill and training requirements for school business officials.
Senate File 2178
Relates to the use of state funds allocated to school districts for the purpose of making textbooks available to accredited nonpublic school pupils by expanding the definition of textbooks to include laptop computers or other portable personal computing devices which are used for non-religious instructional use only.
Senate File 2224
Creates notice and open meeting requirements for condominium association boards.

Senate File 2197
Clarifies laws concerning individuals who provide false identification, and requires an end to the artistic or theatrical exception to nude dancing. The bill makes it a simple misdemeanor to give a police officer, emergency medical care provider, or volunteer or professional fire fighter a false identification, if the person asks for an ID in the performance of their work. Additionally, this bill strikes the exception for museums, theaters or art centers from public indecent exposure laws if a minor is allowed to engage in a live act intended to satisfy the prurient interests of the patrons. Violation of the indecent exposure provision is a serious misdemeanor but can be raised to an aggravated misdemeanor in the case of minors.

House File 426
Requires a law enforcement agency to report car accidents that involve a law enforcement officer or a reserve peace officer to the DOT. The bill requires the agency to certify to the DOT whether the accident occurred in the line of duty while driving a government vehicle.

House File 681
Establishes an Iowa Worker Adjustment and Retraining Notification Act ("WARN" Act). The bill requires employers to notify employees, or their representatives, and the Department of Workforce Development of business closings that result in a layoff of 25 or more full-time employees and mass layoffs that are reductions in the workforce of at least 25 employees in a 30-day period. Also, this includes rolling layoffs if 25 employees are laid off in a 90-day period. There are exceptions under this bill and notice is not required to be given by the employer for lockouts and strikes, natural disasters, unforeseeable circumstances, and for plant closings by faltering companies. An employer who violates this act is subject to a civil penalty of not more than $100 for each day of the violation. Any penalties collected by the department are deposited in the state's general fund. These penalties are the exclusive remedies for violations and a court will not be able to enjoin a business closing or mass layoff.

House File 2137

* Provides that the Adjutant General, Deputy Adjutant General, and the State Quartermaster shall not be considered state employees while performing state military service except for purposes of IPERS, health plans, and other benefit plans.
* Provides any person subject to this code who wrongfully uses or transports a controlled substance shall be punished as a court-martial may direct.
* This code shall be construed as to effectuate the general purpose of uniformity, so far as practical, with the uniform code of military justice, 10 U.S.C. ch. 47. These are largely technical changes made to conform to federal regulations.

House File 2144
Gives the Department of Public Health authority to order the temporary closure of schools in the event of a public health disaster. The Governor would have to issue a proclamation and the Department would have to coordinate with the Department of Education. The bill also makes changes to the dental screening provisions that will maintain the integrity of the program while reducing the barriers to family compliance. Section 5 adds confidentiality requirements to the Statewide Perinatal Care Review Team's visits to hospitals. Section 6 Codifies the Iowa Youth Survey and Section 7 directs the Chronic Care Management Advisory Committee to recommend strategies to provide more accurate data on chronic diseases in minority populations.

House File 2183
Makes technical changes to the Board of Health: adds a substance abuse and gambling treatment committee, provides additional discretion over meeting times (the Board is still required to meet six times per year), and requires that one of the four public members of the Board be a licensed physician. The number of Board members (9) remains unchanged.

House File 2273
Relates to drainage districts by modifying the amount of a bid security required to be submitted by bidders proposing to make improvements and by modifying the threshold amount requiring the letting of bids to construct an improvement.

House File 2295
Establishes a task force to review the present mission, structure, governance, and funding of the area education agencies.

House File 2307
Allows for the court to order restitution payments to the state's Medicaid program when benefits were fraudulently obtained. The bill also allows the Medicaid program to be considered when the court is ordering restitution after the victim, court costs and other associated fees have been reimbursed.

House File 2406
Requires the Department of Veterans Affairs to support the preservation of the USS Iowa.

House File 2452
Makes changes related to driver license sanctions, including issuance of temporary restricted licenses and ignition interlock requirements. Makes changes to OWI law in order to comply with federal law.

House File 2478
Amends current code regulations to Iowa's Revised Uniform Limited Liability Company Act and the Iowa Business Corporation Act, Chapter 490. The intent of this legislation is to: (1) ease administration of business law by the SOS for the two most commonly formed business entities; and (2) make practice consistent for attorneys representing corporations and LLCs. The bill: (1) Amends Chapter 489 (Revised Uniform LLC Act) to conform provisions in the new LLC Act to practice under the Business Corporation Act, Chapter 490, in regard to registered office, registered agent, change of either registered office or registered agent, the biennial report, and service of process; (2) Amends sections in Chapter 489 concerning certificate of organization, statement of authority, application for certificate of authority as a foreign LLC, and statements of change to require that only the "street address" be stated, and not both "the street and mailing address" of the registered office or the principal office as presently stated in Chapter 489; and (3) Amends two sections of Chapter 490 with regard to administrative dissolution to facilitate development by the SOS Office of a form "certificate of existence" that can readily be adapted to LLCs, corporations, and limited partnerships, saving time and expense in the SOS Office. Development of a common form should expedite responses to lawyers' and others' requests for certificates of existence.

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