House Study Bill 167 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL BRANCH
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to judicial branch practices and procedures
  2    including but not limited to adoption petitions, clerk of the
  3    district court duties and recordkeeping affecting real estate,
  4    the confidentiality of arrest warrants, and notices by the
  5    department of corrections to the clerk of the district court.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1412DP 82
  8 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 321A.24, subsection 1, paragraph c,
  1  2 Code 2007, is amended to read as follows:
  1  3    c.  The bond constitutes a lien in favor of the state upon
  1  4 the real estate so scheduled of any surety, which lien exists
  1  5 in favor of any holder of a final judgment against the person
  1  6 who has filed the bond, for damages, including damages for
  1  7 care and loss of services, because of bodily injury to or
  1  8 death of any person, or for damage because of injury to or
  1  9 destruction of property, including the loss of use of the
  1 10 property, resulting from the ownership, maintenance, use, or
  1 11 operation of a motor vehicle after the bond was filed, upon
  1 12 the filing of notice to that effect by the department in the
  1 13 office of the proper clerk of the district court of the county
  1 14 where the real estate is located.  An individual surety
  1 15 scheduling real estate security shall furnish satisfactory
  1 16 evidence of title to the property and the nature and extent of
  1 17 all encumbrances on the property and the value of the surety's
  1 18 interest in the property, in the manner the judge or clerk of
  1 19 the district court approving the bond requires.  The notice
  1 20 filed by the department shall contain, in addition to any
  1 21 other matters deemed by the department to be pertinent, a
  1 22 legal description of the real estate scheduled, the name of
  1 23 the holder of the record title, the amount for which it stands
  1 24 as security, and the name of the person in whose behalf proof
  1 25 is so being made.  Upon the filing of the notice the clerk of
  1 26 the district court shall retain the notice as part of the
  1 27 records of the court and enter upon the encumbrance book the
  1 28 date and hour of filing, the name of the surety, the name of
  1 29 the record titleholder, the description of the real estate,
  1 30 and the further notation that a lien is charged on the real
  1 31 estate pursuant to the filed notice.  From and after the entry
  1 32 of the notice upon the encumbrance book all persons are
  1 33 charged with notice of it.
  1 34    Sec. 2.  Section 600.3, Code 2007, is amended by adding the
  1 35 following new subsection:
  2  1    NEW SUBSECTION.  4.  An adoption petition shall be limited
  2  2 to the adoption of one natural person.
  2  3    Sec. 3.  Section 602.8102, subsection 103, Code 2007, is
  2  4 amended by striking the subsection.
  2  5    Sec. 4.  Section 602.8103, subsection 4, Code 2007, is
  2  6 amended by adding the following new paragraph:
  2  7    NEW PARAGRAPH.  k.  Complaints, trial informations, and
  2  8 uniform citations and complaints relating to parking
  2  9 violations under sections 321.236, 321.239, 321.358, 321.360,
  2 10 and 321.361.
  2 11    Sec. 5.  Section 602.8104, subsection 2, paragraph d, Code
  2 12 2007, is amended by striking the paragraph.
  2 13    Sec. 6.  Section 602.8105, subsection 1, paragraph a, Code
  2 14 2007, is amended to read as follows:
  2 15    a.  For filing and docketing a petition, other than a
  2 16 modification of a dissolution decree to which a written
  2 17 stipulation is attached at the time of filing containing the
  2 18 agreement of the parties to the terms of modification, one
  2 19 hundred dollars.  In counties having a population of
  2 20 ninety=eight thousand or over, an additional five dollars
  2 21 shall be charged and collected to be known as the journal
  2 22 publication fee and used for the purposes provided for in
  2 23 section 618.13.  For multiple adoption petitions filed at the
  2 24 same time by the same petitioner under section 600.3, the
  2 25 filing fee and any court costs for any petition filed in
  2 26 addition to the first petition filed are waived.
  2 27    Sec. 7.  Section 615.1, Code 2007, is amended to read as
  2 28 follows:
  2 29    615.1  EXECUTION ON CERTAIN JUDGMENTS PROHIBITED.
  2 30    A judgment in an action for the foreclosure of a real
  2 31 estate mortgage, deed of trust, or real estate contract upon
  2 32 property which at the time of judgment is either used for an
  2 33 agricultural purpose as defined in section 535.13 or a
  2 34 one=family or two=family dwelling which is the residence of
  2 35 the mortgagor, or in any action on a claim for rent shall be
  3  1 null and void, all liens shall be extinguished unenforceable,
  3  2 and no execution shall be issued for any purpose other than as
  3  3 a setoff or counterclaim after the expiration of a period of
  3  4 two years, exclusive of any time during which execution on the
  3  5 judgment was stayed pending a bankruptcy action, from the
  3  6 entry thereof.  As used in this section, "mortgagor" means a
  3  7 mortgagor or a borrower executing a deed of trust as provided
  3  8 in chapter 654 or a vendee of a real estate contract.
  3  9    Sec. 8.  Section 617.10, Code 2007, is amended to read as
  3 10 follows:
  3 11    617.10  REAL ESTATE == ACTION INDEXED.
  3 12    1.  When a petition affecting real estate is filed, the
  3 13 clerk of the district court where the petition is filed shall
  3 14 forthwith index same the petition in an index book to be
  3 15 provided therefor, under the tract number which describes the
  3 16 property, entering in each instance the cause case number as a
  3 17 guide to the record of court proceedings which affect such the
  3 18 real estate.  If the petition be is amended to include other
  3 19 parties or other lands, same the amended petition shall be
  3 20 similarly indexed.  When the cause is finally a final result
  3 21 is determined in the case, the result shall be indicated in
  3 22 said the index book wherever indexed.
  3 23    2.  As used in this section, "book" means any mode of
  3 24 permanent recording, including but not limited to card files,
  3 25 microfilm, microfiche, and electronic records.
  3 26    Sec. 9.  Section 617.13, Code 2007, is amended to read as
  3 27 follows:
  3 28    617.13  REAL ESTATE IN OTHER COUNTY.
  3 29    When any part of real property, the subject of an action,
  3 30 is situated in any other county than the one in which the
  3 31 action is brought, the plaintiff must, in order to affect
  3 32 third persons with constructive notice of the pendency of the
  3 33 action, file with the clerk of the district court of the other
  3 34 county a notice of the pendency of the action, containing the
  3 35 names of the parties, the object of the action, and a
  4  1 description of the property in that county affected by the
  4  2 action.  The clerk shall at once index and enter a memorandum
  4  3 of the notice in the encumbrance book.
  4  4    Sec. 10.  Section 624.23, subsection 7, Code 2007, is
  4  5 amended to read as follows:
  4  6    7.  If a case file has been sealed by the court, or if by
  4  7 law the court records in a case are not available to the
  4  8 general public, any judgments entered in the case shall not
  4  9 become a lien on real property until either the identity of
  4 10 the judgment creditor becomes public record, or until the
  4 11 judgment creditor, in a public document in the case in which
  4 12 judgment is entered, or the court records are made
  4 13 confidential by the court, the following information shall be
  4 14 considered a public record and available for inspection:  the
  4 15 name of the court, the title of the action, the case number,
  4 16 the amount of the judgment, the name of the judgment creditor,
  4 17 the affidavit designating the agent and office of the
  4 18 creditor, and any full or partial satisfaction of the
  4 19 judgment.  A judgment creditor shall file with the clerk of
  4 20 the district court an affidavit that designates an agent and
  4 21 office, consistent with the requirements of section 490.501,
  4 22 on which process on the judgment creditor may be served.
  4 23 Service may be made on the agent in the same manner as service
  4 24 may be made on a corporate agent pursuant to section 490.504.
  4 25 An agent who has resigned without designating a successor
  4 26 agent and office and who is otherwise unavailable for service
  4 27 may be served in the manner provided in section 490.504,
  4 28 subsection 2, at the agent's office of record.
  4 29    Sec. 11.  Section 629.3, Code 2007, is amended to read as
  4 30 follows:
  4 31    629.3  RECORD OF LIEN.
  4 32    It shall be the duty of the clerk of the district court to
  4 33 record the statements so filed in the encumbrance book and to
  4 34 enter the same in the lien index.  Payments advanced after
  4 35 execution has been issued upon the junior lien, shall be added
  5  1 to the execution upon receipt, by the sheriff, of a verified
  5  2 statement of such advancements and when the redemption period
  5  3 has expired the clerk shall release them on the clerk's
  5  4 record.
  5  5    Sec. 12.  Section 639.64, Code 2007, is amended to read as
  5  6 follows:
  5  7    639.64  AUTOMATIC DISCHARGE == CANCELING ENTRY ON
  5  8 ENCUMBRANCE BOOK.
  5  9    If the judgment is rendered in the action for the
  5 10 defendant, or, if the action is dismissed by the court, by the
  5 11 plaintiff, or, by agreement of the parties, or, if judgment
  5 12 has been entered for the plaintiff and has been satisfied of
  5 13 record, the attachment shall, subject to the right of appeal,
  5 14 automatically be discharged and the property attached, or its
  5 15 proceeds, shall be returned to the defendant.  If the
  5 16 attachment has been entered on the encumbrance book, it shall
  5 17 be the duty of the clerk to cancel such attachment, and in the
  5 18 entry of cancellation, the clerk shall refer to the entry in
  5 19 the case showing the clerk's authority to cancel said
  5 20 attachment.
  5 21    Sec. 13.  Section 654.17, Code 2007, is amended to read as
  5 22 follows:
  5 23    654.17  RECISION OF FORECLOSURE.
  5 24    1.  At any time prior to the recording of the sheriff's
  5 25 deed, and before the mortgagee's rights become unenforceable
  5 26 by operation of the statute of limitations, the judgment
  5 27 creditor, or the judgment creditor who is the successful
  5 28 bidder at the sheriff's sale, with the written consent of the
  5 29 mortgagor may rescind the foreclosure action by filing a
  5 30 notice of recision with the clerk of court in the county in
  5 31 which the property is located along with a filing fee of fifty
  5 32 dollars.  In addition, such person if the original mortgage
  5 33 and mortgage note are contained in the court file, the
  5 34 mortgagor shall pay a fee of twenty=five dollars for documents
  5 35 filed in the foreclosure action which the plaintiff requests
  6  1 returned to the clerk of the district court.  Upon the payment
  6  2 of the fee, the clerk shall make copies of the original
  6  3 mortgage and mortgage note for the court file, and return the
  6  4 original mortgage and mortgage note to the mortgagor.
  6  5    2.  Upon the filing of the notice of recision, the mortgage
  6  6 loan shall be enforceable according to the original terms of
  6  7 the foreclosure and the rights of all persons with an interest
  6  8 in the property may be enforced as if the foreclosure had not
  6  9 been filed.  However, any findings of fact or law shall be
  6 10 preclusive for purposes of any future action unless the court,
  6 11 upon hearing, rules otherwise.  The mortgagor shall be
  6 12 assessed costs, including reasonable attorney fees, of
  6 13 foreclosure and recision if provided by the mortgage
  6 14 agreement.
  6 15    Sec. 14.  Section 804.29, Code 2007, is amended to read as
  6 16 follows:
  6 17    804.29  CONFIDENTIALITY.
  6 18    All Except for a bench warrant issued by a court for
  6 19 failure to appear, all information filed with the court for
  6 20 the purpose of securing a warrant for an arrest, including but
  6 21 not limited to a citation and affidavits, shall be a
  6 22 confidential record until such time as a peace officer has
  6 23 made the arrest and has made the officer's return on the
  6 24 warrant.  During the period of time that information is
  6 25 confidential, it the warrant shall be sealed by the court and
  6 26 the information contained therein in the warrant shall not be
  6 27 disseminated to any person other than a peace officer,
  6 28 employee of a county attorney's office, magistrate, or another
  6 29 court employee, in the course of official duties.
  6 30    Sec. 15.  NEW SECTION.  904.119  NOTICE OF DISCHARGE OR
  6 31 PAROLE.
  6 32    The department, in cooperation with the judicial district
  6 33 departments of correctional services and the board of parole,
  6 34 shall notify the clerk of the district court of the offender's
  6 35 county of conviction, of the date of discharge from a
  7  1 correctional institution or the date of release on parole, and
  7  2 the subsequent date of discharge from parole.  The notice to
  7  3 the clerk of the district court shall also include the name,
  7  4 date of birth, court case numbers from the sentencing order
  7  5 committing the offender to the department, and if known the
  7  6 new address of the offender.
  7  7    Sec. 16.  Section 904.602, Code 2007, is amended by adding
  7  8 the following new subsection:
  7  9    NEW SUBSECTION.  13.  This section does not preclude the
  7 10 disclosure of otherwise confidential information to the clerk
  7 11 of the district court for the purpose of implementing section
  7 12 904.119.
  7 13    Sec. 17.  Sections 626.9, 626.20, 639.28, 639.70, and
  7 14 674.11, Code 2007, are repealed.
  7 15                           EXPLANATION
  7 16    This bill relates to judicial branch practices and
  7 17 procedures including but not limited to adoption petitions,
  7 18 clerk of the district court duties and recordkeeping affecting
  7 19 real estate, the confidentiality of arrest warrants, and
  7 20 notices by the department of corrections to the clerk of the
  7 21 district court.
  7 22    The amendment to Code section 600.3 requires a petitioner
  7 23 to file a separate adoption petition for each person being
  7 24 adopted.
  7 25    The amendment to Code section 602.8103 permits the clerk of
  7 26 the district court to destroy, without prior court approval or
  7 27 reproduction, a complaint, trial information, or uniform
  7 28 citation and complaint related to a parking violation.
  7 29    The amendment to Code section 602.8104 eliminates the
  7 30 requirement that the clerk of the district court keep an
  7 31 encumbrance book that contains a statement of the levy of each
  7 32 attachment on real estate entered by the sheriff.  The
  7 33 amendments to Code sections 321A.24, 602.8102, 617.13, 629.3,
  7 34 and 639.64, and the repeal of Code sections 626.9, 626.20,
  7 35 639.28, and 639.70, conform the Code sections to the
  8  1 elimination of the encumbrance book in Code section 602.8104.
  8  2    The amendment to Code section 602.8105 waives the filing
  8  3 and docketing fee and any court costs for multiple adoption
  8  4 petitions filed at the same time by the same petitioner under
  8  5 Code section 600.3.
  8  6    The amendment to Code section 615.1 provides that a
  8  7 judgment in an action for the foreclosure of a real estate
  8  8 mortgage is "unenforceable" after the expiration of two years,
  8  9 unless a bankruptcy is filed.  Current law provides that a
  8 10 judgment in an action for foreclosure of a real estate
  8 11 mortgage is "extinguished" after two years unless a bankruptcy
  8 12 is filed.
  8 13    The amendment to Code section 617.10 permits the clerk of
  8 14 the district court to keep the index of petitions affecting
  8 15 real estate with card files, microfilm, microfiche, or in an
  8 16 electronic format.  The amendment to Code section 617.10 also
  8 17 enhances the readability of the section.
  8 18    The amendment to Code section 624.23 concerns the
  8 19 disclosure of certain court records relating to judgment liens
  8 20 when the case filed has been sealed or made confidential.
  8 21 Under the bill, the following records are considered a public
  8 22 record even if the court file has been sealed or made
  8 23 confidential:  the name of the court, the title of the action,
  8 24 the case number, the amount of the judgment, the name of the
  8 25 judgment creditor, the affidavit designating the agent and
  8 26 office of the creditor, and any full or partial satisfaction
  8 27 of the judgment.
  8 28    The amendment to Code section 654.17 relates to the
  8 29 recision of a foreclosure action.  Under the bill, if a
  8 30 foreclosure action is rescinded by a judgment creditor, and
  8 31 the original mortgage and mortgage note are in the court file,
  8 32 the mortgagor shall pay a $25 fee to the clerk of the district
  8 33 court prior to receiving the original mortgage and mortgage
  8 34 note from the clerk.
  8 35    The amendment to Code section 804.29 provides that a bench
  9  1 warrant issued by the court for failure to appear is not
  9  2 confidential if it is contained with information related to
  9  3 securing an arrest warrant.  Current law provides that all
  9  4 information filed with the court for the purpose of securing
  9  5 an arrest warrant is confidential.
  9  6    New Code section 904.119 requires the department of
  9  7 corrections to notify the clerk of the district court in the
  9  8 offender's county of conviction of the date of discharge from
  9  9 a correctional institution or the date of release on parole,
  9 10 and the subsequent date of discharge from parole.  The notice
  9 11 shall also include the name, date of birth, court case numbers
  9 12 from the sentencing order committing the offender to the
  9 13 department of corrections, and if known the new address of the
  9 14 offender.
  9 15    The amendment to Code section 904.602 permits the
  9 16 department of corrections to release information to the clerk
  9 17 of the district court to implement the notice provisions of
  9 18 new Code section 904.119.
  9 19    Code section 674.11 is repealed, eliminating the provision
  9 20 requiring the clerk of the district court to keep a
  9 21 change=of=name record in regard to changes of legal names by
  9 22 petitions to the court.
  9 23 LSB 1412DP 82
  9 24 jm:rj/gg/14