Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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144 9 the first three anniversaries of the date of the event.

144 10 3. c. Interest from the date of death or other event

144 11 shall be payable annually on principal payment dates, at the

144 12 rate of six percent per annum on the unpaid balance of the

144 13 purchase price.

144 14 4. d. All persons who are shareholders of the

144 15 professional corporation on the date of death or other event,

144 16 and their executors, administrators, and legal

144 17 representatives, shall, to the extent the corporation fails to

144 18 meet its obligations hereunder, be jointly liable for the

144 19 payment of the purchase price and interest in proportion to

144 20 their percentage of ownership of the corporation's shares,

144 21 disregarding shares of the deceased or withdrawing

144 22 shareholder.

144 23 5. e. The part of the purchase price remaining unpaid

144 24 after the initial payment shall be evidenced by a negotiable

144 25 promissory note, which shall be executed by the corporation

144 26 and all shareholders liable for payment. Any person liable on

144 27 the note shall have the right to prepay the note in full or in

144 28 part at any time.

144 29 6. f. If the person making any payment is not reasonably

144 30 able to determine which of two or more persons is entitled to

144 31 receive a payment, or if the payment is payable to a person

144 32 who is unknown, or who is under disability and there is no

144 33 person legally competent to receive the payment, or who cannot

144 34 be found after the exercise of reasonable diligence by the

144 35 person making the payment, it shall be deposited with the
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145 1 treasurer of state and shall be subject to the provisions of

145 2 the Iowa business corporation Act, chapter 490, with respect

145 3 to funds deposited with the treasurer of state upon the

145 4 voluntary or involuntary dissolution of a corporation.

145 5 7. g. Notwithstanding the provisions of this section, no

145 6 part of the purchase price shall be required to be paid until

145 7 the certificates representing such shares have been

145 8 surrendered to the corporation.

145 9 8. h. Notwithstanding the provisions of this section,

145 10 payment of any part of the purchase price for shares of a

145 11 deceased shareholder shall not be required until the executor

145 12 or administrator of the deceased shareholder provides any

145 13 indemnity, release, or other document from any taxing

145 14 authority, which is reasonably necessary to protect the

145 15 corporation against liability for estate, inheritance, and

145 16 death taxes.

145 17 7. The articles of incorporation or bylaws or an agreement

145 18 among all shareholders of a professional corporation may

145 19 provide for a different purchase price, a different method of

145 20 determining the purchase price, a different interest rate or

145 21 no interest, and other terms, conditions, and schedules of

145 22 payment.

145 23 8. The articles of incorporation or bylaws or an agreement

145 24 among all shareholders of a professional corporation may

145 25 provide for the optional or mandatory purchase of its own

145 26 shares by the corporation in other situations, subject to any

145 27 applicable law regarding such purchase.

145 28 Sec. 165. Section 499.36A, subsection 1, Code 2009, is

145 29 amended to read as follows:

145 30 1. A director shall discharge the duties of the position

145 31 of director in good faith, in a manner the director reasonably

145 32 believes to be in the best interests of the association, and

145 33 with the care that a person in a like position would

145 34 reasonably believe appropriate under similar circumstances. A

145 35 person who so performs those duties is not liable by reason of

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146 1 being or having been a director of the cooperative

146 2 association.

146 3 Sec. 166. Section 502.602, subsection 3, unnumbered

146 4 paragraph 1, Code 2009, is amended to read as follows:

146 5 If a person does not appear or refuses to testify, file a

146 6 statement, or produce records, or otherwise does not obey a

146 7 subpoena as required by the administrator under this chapter,

146 8 the administrator may apply to the Polk county district court

146 9 or the district court for the county in which the person

146 10 resides or is located or a court of another state to enforce

146 11 compliance. The court may do any of the following:

146 12 Sec. 167. Section 505.8, subsection 7, Code 2009, is

146 13 amended to read as follows:

146 14 7. The commissioner shall have regulatory authority over

146 15 health benefit plans and adopt rules under chapter 17A as

146 16 necessary, to promote the uniformity, cost efficiency,

146 17 transparency, and fairness of such plans for physicians and

146 18 osteopathic physicians licensed under chapters chapter 148,


146 19 150, and 150A, and hospitals licensed under chapter 135B, for

146 20 the purpose of maximizing administrative efficiencies and

146 21 minimizing administrative costs of health care providers and

146 22 health insurers.

146 23 Sec. 168. Section 520.14, Code 2009, is amended to read as

146 24 follows:

146 25 520.14 VIOLATIONS == EXCEPTIONS.

146 26 It shall be unlawful for an attorney to exchange contracts

146 27 of insurance of the kind and character specified in this

146 28 chapter, or for an attorney or representative of the attorney

146 29 to solicit or negotiate any applications for the same without

146 30 the attorney having first complied with the foregoing

146 31 provisions of sections 520.2 through 520.13. For the purpose

146 32 of organization and upon issuance of permit by the

146 33 commissioner of insurance, powers of attorney and applications

146 34 for such contracts may be solicited without compliance with

146 35 the provisions of this chapter, but an attorney, agent, or
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147 1 other person shall not make any such contracts of indemnity

147 2 until all of the provisions of this chapter shall have been

147 3 complied with.

147 4 Sec. 169. Section 541A.3, Code 2009, is amended to read as

147 5 follows:

147 6 541A.3 INDIVIDUAL DEVELOPMENT ACCOUNTS == STATE SAVINGS

147 7 MATCH AND TAX PROVISIONS.

147 8 All of the following state savings match and tax provisions

147 9 shall apply to an individual development account:

147 10 1. a. Payment by the state of a state savings match on

147 11 amounts of up to two thousand dollars that an account holder

147 12 deposits in the account holder's account. To be eligible to

147 13 receive a state savings match an account holder must have a

147 14 household income that is equal to or less than two hundred

147 15 percent of the federal poverty level.

147 16 b. Moneys transferred to an individual development account

147 17 from another individual development account and a state

147 18 savings match received by the account holder in accordance

147 19 with this section shall not be considered an account holder

147 20 deposit for purposes of determining a state savings match.

147 21 c. Payment of a state savings match either shall be made

147 22 directly to the account holder or to an operating

147 23 organization's central reserve account for later distribution

147 24 to the account holder in the most appropriate manner as

147 25 determined by the administrator.

147 26 d. Subject to the limitation in paragraph "a", the state

147 27 savings match shall be equal to one hundred percent of the

147 28 amount deposited by the account holder. However, the

147 29 administrator may limit, reduce, delay, or otherwise revise

147 30 state savings match payment provisions as necessary to

147 31 restrict the payments to the funding available.

147 32 2. Income earned by an individual development account is

147 33 not subject to state tax, in accordance with the provisions of

147 34 section 422.7, subsection 28.

147 35 3. Amounts transferred between individual development
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148 1 accounts are not subject to state tax.

148 2 4. The administrator shall coordinate the filing of claims

148 3 for a state savings match authorized under subsection 1,

148 4 between account holders and operating organizations. Claims

148 5 approved by the administrator may be paid to each account

148 6 holder, for an aggregate amount for distribution to the

148 7 holders of the accounts in a particular financial institution,

148 8 or to an operating organization's central reserve account for

148 9 later distribution to the account holders depending on the

148 10 efficiency for issuing the state savings match payments.

148 11 Claims shall be initially filed with the administrator on or

148 12 before a date established by the administrator. Claims

148 13 approved by the administrator shall be paid from the

148 14 individual development account state savings match fund.

148 15 Sec. 170. Section 554.10103, Code 2009, is amended to read

148 16 as follows:

148 17 554.10103 GENERAL REPEALER.

148 18 Except as provided in the following section 554.7103, all

148 19 acts and parts of acts inconsistent with this chapter are

148 20 hereby repealed.

148 21 Sec. 171. Section 556F.17, Code 2009, is amended to read

148 22 as follows:

148 23 556F.17 PENALTY FOR SELLING.

148 24 If any person shall trade, sell, loan, or take out of the

148 25 limits of this state any such property taken up or found as

148 26 aforesaid provided in this chapter, before the person shall be

148 27 vested with the right to the same according to the foregoing


148 28 provisions property, the person shall forfeit and pay double

148 29 the value thereof, to be recovered by any person in an action,

148 30 one half of which shall go to the plaintiff and the other half

148 31 to the county.

148 32 Sec. 172. Section 602.10111, Code 2009, is amended to read

148 33 as follows:

148 34 602.10111 NONRESIDENT ATTORNEY == APPOINTMENT OF LOCAL

148 35 ATTORNEY.


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149 1 Any member of the bar of another state, actually engaged in

149 2 any cause or matter pending in any court of this state, may be

149 3 permitted by such court to appear in and conduct such cause or

149 4 matter while retaining the attorney's residence in another

149 5 state, without being subject to the foregoing provisions of

149 6 this article; provided that at the time the attorney enters an

149 7 appearance the attorney files with the clerk of such court the

149 8 written appointment of some attorney resident and admitted to

149 9 practice in the state of Iowa, upon whom service may be had in

149 10 all matters connected with said action, with the same effect

149 11 as if personally made on such foreign attorney within this

149 12 state. In case of failure to make such appointment, such

149 13 attorney shall not be permitted to practice as aforesaid

149 14 provided in this section, and all papers filed by the attorney

149 15 shall be stricken from the files.

149 16 Sec. 173. Section 692.18, Code 2009, is amended to read as

149 17 follows:

149 18 692.18 PUBLIC RECORDS.

149 19 1. Nothing in this chapter shall prohibit the public from

149 20 examining and copying the public records of any public body or

149 21 agency as authorized by chapter 22.

149 22 2. Intelligence data in the possession of a criminal or

149 23 juvenile justice agency, state or federal regulatory agency,

149 24 or peace officer, or disseminated by such agency or peace

149 25 officer, are not public confidential records within the


149 26 provisions of chapter 22 under section 22.7, subsection 55.

149 27 Sec. 174. Section 707.7, Code 2009, is amended to read as

149 28 follows:

149 29 707.7 FETICIDE.

149 30 1. Any person who intentionally terminates a human

149 31 pregnancy, with the knowledge and voluntary consent of the

149 32 pregnant person, after the end of the second trimester of the

149 33 pregnancy where death of the fetus results commits feticide.

149 34 Feticide is a class "C" felony.

149 35 2. Any person who attempts to intentionally terminate a


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150 1 human pregnancy, with the knowledge and voluntary consent of

150 2 the pregnant person, after the end of the second trimester of

150 3 the pregnancy where death of the fetus does not result commits

150 4 attempted feticide. Attempted feticide is a class "D" felony.

150 5 This section shall not apply to the termination of a human

150 6 pregnancy performed by a physician licensed in this state to

150 7 practice medicine or surgery when in the best clinical

150 8 judgment of the physician the termination is performed to


150 9 preserve the life or health of the pregnant person or of the

150 10 fetus and every reasonable medical effort not inconsistent

150 11 with preserving the life of the pregnant person is made to

150 12 preserve the life of a viable fetus.

150 13 3. Any person who terminates a human pregnancy, with the

150 14 knowledge and voluntary consent of the pregnant person, who is

150 15 not a person licensed to practice medicine and surgery or



150 16 osteopathic medicine and surgery under the provisions of

150 17 chapter 148, or an osteopathic physician and surgeon licensed



150 18 to practice osteopathic medicine and surgery under the

150 19 provisions of chapter 150A, commits a class "C" felony.

150 20 4. This section shall not apply to the termination of a



150 21 human pregnancy performed by a physician licensed in this

150 22 state to practice medicine or surgery or osteopathic medicine

150 23 or surgery when in the best clinical judgment of the physician

150 24 the termination is performed to preserve the life or health of

150 25 the pregnant person or of the fetus and every reasonable


150 26 medical effort not inconsistent with preserving the life of

150 27 the pregnant person is made to preserve the life of a viable

150 28 fetus.

150 29 Sec. 175. Section 709.22, subsection 1, paragraph c,

150 30 unnumbered paragraph 1, Code 2009, is amended to read as

150 31 follows:

150 32 Providing a victim with immediate and adequate notice of

150 33 the victim's rights. The notice shall consist of handing the

150 34 victim a document that includes the telephone numbers of

150 35 shelters, support groups, and crisis lines operating in the
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151 1 area and contains a copy of the following statement written in

151 2 English and Spanish,; asking the victim to read the

151 3 statement,; and asking whether the victim understands the

151 4 rights:

151 5 Sec. 176. Section 709.22, subsection 1, paragraph d, Code

151 6 2009, is amended by striking the paragraph.

151 7 Sec. 177. Section 714.8, subsection 18, Code 2009, is

151 8 amended to read as follows:

151 9 18. a. Manufactures, creates, reproduces, alters,

151 10 possesses, uses, transfers, or otherwise knowingly contributes

151 11 to the production or use of a fraudulent retail sales receipt

151 12 or universal price product code label with intent to defraud

151 13 another person engaged in the business of retailing.

151 14 b. For purposes of this subsection:

151 15 a. (1) "Retail sales receipt" means a document intended

151 16 to evidence payment for goods or services.

151 17 b. (2) "Universal price product code label" means the

151 18 unique ten=digit bar code placed on the packaging of an item

151 19 that may be used for purposes including but not limited to

151 20 tracking inventory, maintaining price information in a

151 21 computerized database, and serving as proof of purchase of a

151 22 particular item.

151 23 Sec. 178. Section 714E.1, subsection 3, paragraph a,

151 24 subparagraph (2), Code 2009, is amended to read as follows:

151 25 (2) Obtain a forbearance, modification, or repayment plan

151 26 from for a beneficiary or mortgagee.

151 27 Sec. 179. Section 714E.4, unnumbered paragraph 1, Code

151 28 2009, is amended to read as follows:

151 29 It is a violation of this chapter for a foreclosure

151 30 consultant to do any of the following:

151 31 Sec. 180. Section 714F.3, subsection 2, Code 2009, is

151 32 amended to read as follows:

151 33 2. The contract required by this section 714F.2 survives

151 34 delivery of any instrument of conveyance of the residence in

151 35 foreclosure, and but has no effect on persons other than the

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152 1 parties to the contract.

152 2 Sec. 181. Section 714F.6, Code 2009, is amended to read as

152 3 follows:

152 4 714F.6 WAIVER.

152 5 A waiver of the provisions of this chapter is void and

152 6 unenforceable as contrary to public policy, except a consumer

152 7 may waive the three=day right to cancel provided in section

152 8 714F.4 if the property is subject to a foreclosure sale, tax

152 9 sale, or contract forfeiture within the three business days

152 10 and the shortened cancellation period was not caused by the

152 11 foreclosure purchaser or an agent of the foreclosure

152 12 purchaser, and the. A waiver of a foreclosed homeowner agrees


152 13 to waive the foreclosed homeowner's right to cancel shall be

152 14 in a handwritten statement signed by all parties holding title

152 15 to the foreclosed property.

152 16 Sec. 182. Section 714F.9, subsection 2, Code 2009, is

152 17 amended to read as follows:

152 18 2. EXEMPLARY DAMAGES. In a private right of action for a

152 19 violation of this chapter, the court may award exemplary

152 20 damages of any amount. If the court determines that an award

152 21 of exemplary damages is appropriate, the amount of exemplary

152 22 damages awarded shall not be less than one and one=half times

152 23 the foreclosed homeowner's actual damages. Any claim for

152 24 exemplary damages brought pursuant to this section must be

152 25 commenced within four years after the date of the alleged

152 26 violation.

152 27 Sec. 183. Section 728.15, Code 2009, is amended to read as

152 28 follows:

152 29 728.15 TELEPHONE DISSEMINATION OF OBSCENE MATERIAL TO

152 30 MINORS.

152 31 1. a. As used in this section, "person" excludes any


152 32 information=access service provider that merely provides

152 33 transmission capacity without control over the content of the

152 34 transmission.

152 35 b. A person shall not knowingly disseminate obscene


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153 1 material by the use of telephones or telephone facilities to a

153 2 minor. A person who violates this subsection upon conviction



153 3 is guilty of an aggravated misdemeanor. However, second and

153 4 subsequent offenses of this subsection by a person who has

153 5 been previously convicted of violating this subsection are

153 6 class "D" felonies. As used in this subsection, a "person"

153 7 excludes any information=access service provider that merely

153 8 provides transmission capacity without control over the

153 9 content of the transmission.

153 10 2. It shall be a defense in any prosecution for a

153 11 violation of subsection 1 by a person who accused of knowingly

153 12 disseminates disseminating obscene material by the use of

153 13 telephones or telephone facilities to a minor that the

153 14 defendant person accused has taken either of the following

153 15 measures to restrict access to the obscene material:

153 16 a. Required The person accused has done all of the


153 17 following:

153 18 (1) Required the person receiving the obscene material to

153 19 use an authorized access or identification code, as provided

153 20 by the information provider, before transmission of the

153 21 obscene material begins, where the defendant has previously.

153 22 (2) Previously issued the code by mailing it to the

153 23 applicant after taking reasonable measures to ascertain that

153 24 the applicant was eighteen years of age or older and has


153 25 established.

153 26 (3) Established a procedure to immediately cancel the code

153 27 of any person after receiving notice, in writing or by

153 28 telephone, that the code has been lost, stolen, or used by

153 29 persons under the age of eighteen years or that the code is no

153 30 longer desired.

153 31 b. Required The person accused has required payment by




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