Text: HF02455 Text: HF02457 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2456 1 2 1 3 AN ACT 1 4 CHANGING THE DESIGNATION OF THE JUDICIARY IN THE CODE 1 5 FROM THE JUDICIAL DEPARTMENT TO THE JUDICIAL BRANCH. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 4.1, subsection 5, Code 1997, is 1 10 amended to read as follows: 1 11 5. "Court employee" and "employee of the judicial 1 12departmentbranch" include every officer or employee of the 1 13 judicialdepartmentbranch except a judicial officer. 1 14 Sec. 2. Section 8.23, unnumbered paragraph 2, Code 1997, 1 15 is amended to read as follows: 1 16 On or before November 15 all departments and establishments 1 17 of government and the judicialdepartmentbranch shall 1 18 transmit to the department of management and the legislative 1 19 fiscal bureau estimates of their receipts and expenditure 1 20 requirements from federal or other nonstate grants, receipts, 1 21 and funds for the ensuing fiscal year. The transmittal shall 1 22 include the names of the grantor and the grant or the source 1 23 of the funds, the estimated amount of the funds, and the 1 24 planned expenditures and use of the funds. The format of the 1 25 transmittal shall be specified by the legislative fiscal 1 26 bureau. 1 27 Sec. 3. Section 8.44, unnumbered paragraph 2, Code 1997, 1 28 is amended to read as follows: 1 29 All departments and establishments of government and the 1 30 judicialdepartmentbranch shall notify the department of 1 31 management and the legislative fiscal bureau of any change in 1 32 the receipt of federal or other nonstate grants, receipts, and 1 33 funds from the funding levels on which appropriations for the 1 34 current or ensuing fiscal year were or are based. Changes 1 35 which must be reported include, but are not limited to, any 2 1 request, approval, award, or loss changes affecting federal or 2 2 other nonstate grants, receipts, or funds. The notifications 2 3 shall be made on a quarterly basis. The format of the 2 4 notifications shall be specified by the legislative fiscal 2 5 bureau. 2 6 Sec. 4. Section 8D.2, subsection 5, Code 1997, is amended 2 7 to read as follows: 2 8 5. "Public agency" means a state agency, an institution 2 9 under the control of the board of regents, the judicial 2 10departmentbranch as provided in section 8D.13, subsection 17, 2 11 a school corporation, a city library, a regional library as 2 12 provided in chapter 256, a county library as provided in 2 13 chapter 336, or a judicial district department of correctional 2 14 services established in section 905.2, to the extent provided 2 15 in section 8D.13, subsection 15, an agency of the federal 2 16 government, or a United States post office which receives a 2 17 federal grant for pilot and demonstration projects. 2 18 Sec. 5. Section 8D.9, subsection 1, Code 1997, is amended 2 19 to read as follows: 2 20 1. A private or public agency, other than a state agency, 2 21 local school district or nonpublic school, city library, 2 22 regional library, county library, judicialdepartmentbranch, 2 23 judicial district department of correctional services, agency 2 24 of the federal government, a hospital or physician clinic, or 2 25 a post office authorized to be offered access pursuant to this 2 26 chapter as of May 18, 1994, shall certify to the commission no 2 27 later than July 1, 1994, that the agency is a part of or 2 28 intends to become a part of the network. Upon receiving such 2 29 certification from an agency not a part of the network on May 2 30 18, 1994, the commission shall provide for the connection of 2 31 such agency as soon as practical. An agency which does not 2 32 certify to the commission that the agency is a part of or 2 33 intends to become a part of the network as required by this 2 34 subsection shall be prohibited from using the network. 2 35 Sec. 6. Section 8D.13, subsection 2, paragraph c, Code 3 1 Supplement 1997, is amended to read as follows: 3 2 c. "Part III" means the communications connection between 3 3 the secondary switching centers and the agencies defined in 3 4 section 8D.2, subsections 4 and 5, excluding state agencies, 3 5 institutions under the control of the board of regents, 3 6 nonprofit institutions of higher education eligible for 3 7 tuition grants, and the judicialdepartmentbranch, judicial 3 8 district departments of correctional services, hospitals and 3 9 physician clinics, agencies of the federal government, and 3 10 post offices. 3 11 Sec. 7. Section 8D.13, subsection 5, unnumbered paragraph 3 12 1, Code Supplement 1997, is amended to read as follows: 3 13 The state shall lease all fiberoptic cable facilities or 3 14 facilities with DS-3 capacity for Part III connections for 3 15 which state funding is provided. The state shall lease all 3 16 fiberoptic cable facilities or facilities with DS-3 or DS-1 3 17 capacity for the judicialdepartmentbranch, judicial district 3 18 department of correctional services, and state agency 3 19 connections for which state funding is provided. Such 3 20 facilities shall be leased from qualified providers. The 3 21 state shall not own such facilities, except for those 3 22 facilities owned by the state as of January 1, 1994. 3 23 Sec. 8. Section 8D.13, subsection 17, Code Supplement 3 24 1997, is amended to read as follows: 3 25 17. Access shall be offered to the judicialdepartment3 26 branch provided that thedepartmentjudicial branch 3 27 contributes an amount consistent with thedepartment's3 28 judicial branch's share of use for the part of the network in 3 29 which thedepartmentjudicial branch participates, as 3 30 determined by the commission. 3 31 Sec. 9. Section 11.5A, Code 1997, is amended to read as 3 32 follows: 3 33 11.5A AUDIT COSTS. 3 34 When requested by the auditor of state, the department of 3 35 management shall transfer from any unappropriated funds in the 4 1 state treasury an amount not exceeding the expenses and 4 2 prorated salary costs already paid to perform examinations of 4 3 state executive agencies and the offices of the judicial 4 4departmentbranch, and federal financial assistance, as 4 5 defined in Pub. L. No. 98-502, received by all other 4 6 departments for which payments by agencies have not been made. 4 7 Upon payment by the departments, the auditor of state shall 4 8 credit the payments to the state treasury. 4 9 Sec. 10. Section 11.5B, subsection 11, Code 1997, is 4 10 amended to read as follows: 4 11 11. Offices of the clerks of the district court of the 4 12 judicialdepartmentbranch. 4 13 Sec. 11. Section 17A.2, subsection 1, Code 1997, is 4 14 amended to read as follows: 4 15 1. "Agency" means each board, commission, department, 4 16 officer or other administrative office or unit of the state. 4 17 "Agency" does not mean the general assembly, the judicial 4 18departmentbranch or any of its components, the office of 4 19 consumer advocate, the governor or a political subdivision of 4 20 the state or its offices and units. Unless provided otherwise 4 21 by statute, no less than two-thirds of the members eligible to 4 22 vote of a multimember agency constitute a quorum authorized to 4 23 act in the name of the agency. 4 24 Sec. 12. Section 20.4, subsection 7, Code 1997, is amended 4 25 to read as follows: 4 26 7. Judicial officers, and confidential, professional, or 4 27 supervisory employees of the judicialdepartmentbranch. 4 28 Sec. 13. Section 46.5A, Code 1997, is amended to read as 4 29 follows: 4 30 46.5A JUDICIAL NOMINATING COMMISSION EXPENSES. 4 31 Members of the state judicial nominating commission and the 4 32 district judicial nominating commissions are entitled to be 4 33 reimbursed for actual and necessary expenses incurred in the 4 34 performance of their duties as commissioners for each day 4 35 spent attending commission meetings or training sessions 5 1 called by the chairperson. Expenses shall be paid from funds 5 2 appropriated to the judicialdepartmentbranch for this 5 3 purpose. 5 4 Sec. 14. Section 68B.2, subsection 25, Code 1997, is 5 5 amended to read as follows: 5 6 25. "State employee" means a person who is not an official 5 7 and is a paid employee of the state of Iowa and does not 5 8 include an independent contractor, an employee of the judicial 5 9departmentbranch who is not an employee of the office of 5 10 attorney general, an employee of the general assembly, an 5 11 employee of a political subdivision of the state, or an 5 12 employee of any agricultural commodity promotional board, if 5 13 the board is subject to a producer referendum. 5 14 Sec. 15. Section 68B.39, Code 1997, is amended to read as 5 15 follows: 5 16 68B.39 SUPREME COURT RULES. 5 17 The supreme court of this state shall prescribe rules by 5 18 January 1, 1993, establishing a code of ethics for officials 5 19 and employees of the judicialdepartmentbranch of this state, 5 20 and the immediate family members of the officials and 5 21 employees. Rules prescribed under this paragraph shall 5 22 include provisions relating to the receipt or acceptance of 5 23 gifts and honoraria, interests in public contracts, services 5 24 against the state, and financial disclosure which are 5 25 substantially similar to the requirements of this chapter. 5 26 The supreme court of this state shall also prescribe rules 5 27 which relate to activities by officials and employees of the 5 28 judicialdepartmentbranch which constitute conflicts of 5 29 interest. 5 30 Sec. 16. Section 135L.2, subsection 2, paragraph a, Code 5 31 Supplement 1997, is amended to read as follows: 5 32 a. The video shall be available through the state and 5 33 local offices of the Iowa department of public health, the 5 34 department of human services, and the judicialdepartment5 35 branch and through the office of each licensed physician who 6 1 performs abortions. 6 2 Sec. 17. Section 135L.3, subsection 3, paragraph j, Code 6 3 Supplement 1997, is amended to read as follows: 6 4 j. If the court denies the petition for waiver of 6 5 notification and if the decision is not appealed or all 6 6 appeals are exhausted, the court shall advise the pregnant 6 7 minor that, upon the request of the pregnant minor, the court 6 8 will appoint a licensed marital and family therapist to assist 6 9 the pregnant minor in addressing any intrafamilial problems. 6 10 All costs of services provided by a court-appointed licensed 6 11 marital and family therapist shall be paid by the court 6 12 through the expenditure of funds appropriated to the judicial 6 13departmentbranch. 6 14 Sec. 18. Section 216A.136, unnumbered paragraph 1, Code 6 15 1997, is amended to read as follows: 6 16 The division shall maintain an Iowa statistical analysis 6 17 center for the purpose of coordinating with data resource 6 18 agencies to provide data and analytical information to 6 19 federal, state, and local governments, and assist agencies in 6 20 the use of criminal and juvenile justice data. 6 21 Notwithstanding any other provision of state law, unless 6 22 prohibited by federal law or regulation, the division shall be 6 23 granted access, for purposes of research and evaluation, to 6 24 criminal history records, official juvenile court records, 6 25 juvenile court social records, and any other data collected or 6 26 under control of the board of parole, department of 6 27 corrections, district departments of correctional services, 6 28 department of human services, judicialdepartmentbranch, and 6 29 department of public safety. However, intelligence data and 6 30 peace officer investigative reports maintained by the 6 31 department of public safety shall not be considered data for 6 32 the purposes of this section. Any record, data, or 6 33 information obtained by the division under this section and 6 34 the division itself is subject to the federal and state 6 35 confidentiality laws and regulations which are applicable to 7 1 the original record, data, or information obtained by the 7 2 division and to the original custodian of the record, data, or 7 3 information. The access shall include but is not limited to 7 4 all of the following: 7 5 Sec. 19. Section 216A.138, subsection 2, Code Supplement 7 6 1997, is amended to read as follows: 7 7 2. The department of human services, department of 7 8 corrections, judicialdepartmentbranch, department of public 7 9 safety, department of education, local school districts, and 7 10 other state agencies and political subdivisions shall 7 11 cooperate with the division in the development of the plan. 7 12 Sec. 20. Section 225C.4, subsection 1, paragraph n, Code 7 13 1997, is amended to read as follows: 7 14 n. Provide consultation and technical assistance to 7 15 patients' advocates appointed pursuant to section 229.19, in 7 16 cooperation with the judicialdepartmentbranch and the care 7 17 review committees appointed for health care facilities 7 18 pursuant to section 135C.25. 7 19 Sec. 21. Section 232.2, subsection 9, Code Supplement 7 20 1997, is amended to read as follows: 7 21 9. "Court appointed special advocate" means a person duly 7 22 certified by the judicialdepartmentbranch for participation 7 23 in the court appointed special advocate program and appointed 7 24 by the court to represent the interests of a child in any 7 25 judicial proceeding to which the child is a party or is called 7 26 as a witness or relating to any dispositional order involving 7 27 the child resulting from such proceeding. 7 28 Sec. 22. Section 232.143, subsection 1, Code 1997, is 7 29 amended to read as follows: 7 30 1. A statewide expenditure target for children in group 7 31 foster care placements in a fiscal year, which placements are 7 32 a charge upon or are paid for by the state, shall be 7 33 established annually in an appropriation bill by the general 7 34 assembly. The department and the judicialdepartmentbranch 7 35 shall jointly develop a formula for allocating a portion of 8 1 the statewide expenditure target established by the general 8 2 assembly to each of the department's regions. The formula 8 3 shall be based upon the region's proportion of the state 8 4 population of children and of the statewide usage of group 8 5 foster care in the previous five completed fiscal years and 8 6 other indicators of need. The expenditure amount determined 8 7 in accordance with the formula shall be the group foster care 8 8 budget target for that region. A region may exceed its budget 8 9 target for group foster care by not more than five percent in 8 10 a fiscal year, provided the overall funding allocated by the 8 11 department for all child welfare services in the region is not 8 12 exceeded. 8 13 Sec. 23. Section 232A.2, Code 1997, is amended to read as 8 14 follows: 8 15 232A.2 PROGRAM CREATED. 8 16 A juvenile victim restitution program is created which 8 17 shall be funded through moneys appropriated by the general 8 18 assembly to thedepartmentjudicial branch. The primary 8 19 purpose of the program is to provide funds to compensate 8 20 victims for losses due to the delinquent acts of juveniles. 8 21 Upon completion of a district's plan, thedepartment8 22 judicial branch shall provide funds in conformance with the 8 23 procedures and policies of the state. Thedepartmentjudicial 8 24 branch shall reclaim any portion of an initial allocation to a 8 25 judicial district that is unencumbered on December 31 of any 8 26 year. Thedepartmentjudicial branch shall immediately 8 27 reallocate the reclaimed funds to those judicial districts 8 28 from which funds were not reclaimed in the manner provided in 8 29 this section for the original allocation. Any portion of an 8 30 amount allocated that remains unencumbered on June 30 of any 8 31 year shall revert to the general fund of the state. 8 32 Sec. 24. Section 232A.3, Code 1997, is amended to read as 8 33 follows: 8 34 232A.3 REPORTS REQUIRED. 8 35 Each judicial district shall submit a report of the 9 1 progress and financial status of its juvenile victim 9 2 restitution program to thedepartmentjudicial branch on a 9 3 quarterly basis. Thedepartmentjudicial branch shall prepare 9 4 and submit annually a report on the progress and financial 9 5 status of the programs to the general assembly no later than 9 6 March 15. 9 7 Sec. 25. Section 237.3, subsection 8, Code Supplement 9 8 1997, is amended to read as follows: 9 9 8. The department, in consultation with the judicial 9 10departmentbranch, the division of criminal and juvenile 9 11 justice planning of the department of human rights, 9 12 residential treatment providers, the foster care provider 9 13 association, and other parties which may be affected, shall 9 14 review the licensing rules pertaining to residential treatment 9 15 facilities, and examine whether the rules allow the facilities 9 16 to accept and provide effective treatment to juveniles with 9 17 serious problems who might not otherwise be placed in those 9 18 facilities. 9 19 Sec. 26. Section 237.18, subsection 6, unnumbered 9 20 paragraph 2, Code 1997, is amended to read as follows: 9 21 The state board shall make recommendations to the general 9 22 assembly, the department, to child-placing agencies, the 9 23 governor, the supreme court, the chief judge of each judicial 9 24 district, and to the judicialdepartmentbranch. The 9 25 recommendations shall include, but are not limited to, 9 26 identification of systemic problems in the foster care and the 9 27 juvenile justice systems, specific proposals for improvements 9 28 that assist the systems in being more cost-effective and 9 29 better able to protect the best interests of children, and 9 30 necessary changes relating to the data collected and the 9 31 annual report made under subsection 2, paragraph "b". 9 32 Sec. 27. Section 261.2, subsection 14, Code 1997, is 9 33 amended to read as follows: 9 34 14. Develop and implement, in cooperation with the 9 35 department of human services and the judicialdepartment10 1 branch, a program to assist juveniles who are sixteen years of 10 2 age or older and who have a case permanency plan under chapter 10 3 232 or 237 or are otherwise under the jurisdiction of chapter 10 4 232 in applying for federal and state aid available for higher 10 5 education. 10 6 Sec. 28. Section 321J.3, subsection 3, Code Supplement 10 7 1997, is amended to read as follows: 10 8 3. The state department of transportation, in cooperation 10 9 with the judicialdepartmentbranch, shall adopt rules, 10 10 pursuant to the procedure in section 125.33, regarding the 10 11 assignment of persons ordered under section 321J.17 to submit 10 12 to substance abuse evaluation and treatment. The rules shall 10 13 be applicable only to persons other than those committed to 10 14 the custody of the director of the department of corrections 10 15 under section 321J.2. The rules shall be consistent with the 10 16 practices and procedures of the judicialdepartmentbranch in 10 17 sentencing persons to substance abuse evaluation and treatment 10 18 under section 321J.2. The rules shall include the requirement 10 19 that the treatment programs utilized by a person pursuant to 10 20 an order of the department meet the licensure standards of the 10 21 division of substance abuse for the department of public 10 22 health. The rules shall also include provisions for payment 10 23 of costs by the offenders, including insurance reimbursement 10 24 on behalf of offenders, or other forms of funding, and shall 10 25 also address reporting requirements of the facility, 10 26 consistent with the provisions of sections 125.84 and 125.86. 10 27 The department shall be entitled to treatment information 10 28 contained in reports to the department, notwithstanding any 10 29 provision of chapter 125 that would restrict department access 10 30 to treatment information and records. 10 31 Sec. 29. Section 321J.24, subsection 9, Code Supplement 10 32 1997, is amended to read as follows: 10 33 9. The chief judge of the judicial district shall 10 34 determine fees to be paid by participants in the program. The 10 35 judicialdepartmentbranch shall use the fees to pay all costs 11 1 associated with the program. The court shall either require 11 2 the participant to pay the fee in order to participate in the 11 3 program, or may waive the fee or collect a lesser amount upon 11 4 a showing of cause. 11 5 Sec. 30. Section 421.17, subsection 25, paragraph f, Code 11 6 Supplement 1997, is amended to read as follows: 11 7 f. The department shall set off the debt, plus a fee 11 8 established by rule to reflect the cost of processing, against 11 9 the debtor's income tax refund or rebate. The department 11 10 shall transfer ninety percent of the amount set off to the 11 11 treasurer of state for deposit in the general fund of the 11 12 state. The remaining ten percent shall be remitted to the 11 13 judicialdepartmentbranch and used to defray the costs of 11 14 this procedure. If the debtor gives timely written notice of 11 15 intent to contest the amount of the claim, the department 11 16 shall hold the refund or rebate until final determination of 11 17 the correct amount of the claim. 11 18 Sec. 31. Section 602.1101, subsection 5, Code 1997, is 11 19 amended to read as follows: 11 20 5. "Court employee" or "employee of the judicial 11 21departmentbranch" means an officer or employee of the 11 22 judicialdepartmentbranch except a judicial officer. 11 23 Sec. 32. Section 602.1101, subsection 6, Code 1997, is 11 24 amended by striking the subsection. 11 25 Sec. 33. Section 602.1102, Code 1997, is amended to read 11 26 as follows: 11 27 602.1102 JUDICIALDEPARTMENTBRANCH. 11 28 The judicialdepartmentbranch consists of all of the 11 29 following: 11 30 1. The supreme court. 11 31 2. The court of appeals. 11 32 3. The district court. 11 33 4. The clerks of all of the courts of this state. 11 34 5. Juvenile court officers. 11 35 6. Court reporters. 12 1 7. All other court employees. 12 2 Sec. 34. Section 602.1201, Code 1997, is amended to read 12 3 as follows: 12 4 602.1201 SUPERVISION AND ADMINISTRATION. 12 5 The supreme court has supervisory and administrative 12 6 control over thedepartmentjudicial branch and over all 12 7 judicial officers and court employees. 12 8 Sec. 35. Section 602.1202, Code 1997, is amended to read 12 9 as follows: 12 10 602.1202 JUDICIAL COUNCIL. 12 11 A judicial council is established, consisting of the chief 12 12 judges of the judicial districts, the chief judge of the court 12 13 of appeals, and the chief justice who shall be the 12 14 chairperson. The council shall convene not less than twice 12 15 each year at times and places as ordered by the chief justice. 12 16 The council shall advise the supreme court with respect to the 12 17 supervision and administration of thedepartmentjudicial 12 18 branch. 12 19 Sec. 36. Section 602.1203, Code 1997, is amended to read 12 20 as follows: 12 21 602.1203 PERSONNEL CONFERENCES. 12 22 The chief justice may order conferences of judicial 12 23 officers or court employees on matters relating to the 12 24 administration of justice or the affairs of thedepartment12 25 judicial branch. For judges and other court employees who 12 26 handle cases involving children and family law, the chief 12 27 justice shall require regular training concerning mental or 12 28 emotional disorders which may afflict children and the impact 12 29 children with such disorders have upon their families. 12 30 Sec. 37. Section 602.1204, Code 1997, is amended to read 12 31 as follows: 12 32 602.1204 PROCEDURES FORDEPARTMENTJUDICIAL BRANCH. 12 33 1. The supreme court shall prescribe procedures for the 12 34 orderly and efficient supervision and administration of the 12 35departmentjudicial branch. These procedures shall be 13 1 executed by the chief justice. 13 2 2. The state court administrator may issue directives 13 3 relating to the management of thedepartmentjudicial branch. 13 4 The subject matters of these directives shall include, but 13 5 need not be limited to, fiscal procedures, the judicial 13 6 retirement system, and the collection and reporting of 13 7 statistical and other data. The directives shall provide for 13 8 an affirmative action plan which shall be based upon 13 9 guidelines provided by the Iowa state civil rights commission. 13 10 In addition, when establishing salaries and benefits the state 13 11 court administrator shall not discriminate in the employment 13 12 or pay between employees on the basis of gender by paying 13 13 wages to employees at a rate less than the rate at which wages 13 14 are paid to employees of the opposite gender for work of 13 15 comparable worth. As used in this section "comparable worth" 13 16 means the value of work as measured by the composite of the 13 17 skill, effort, responsibility, and working conditions normally 13 18 required in the performance of work. 13 19 3. The supreme court shall compile and publish all 13 20 procedures and directives relating to the supervision and 13 21 administration of the internal affairs of thedepartment13 22 judicial branch, and shall distribute a copy of the 13 23 compilation and all amendments to each operating component of 13 24 thedepartmentjudicial branch. Copies also shall be 13 25 distributed to agencies referred to in section 18.97 upon 13 26 request. 13 27 4. The supreme court shall accept bids for the printing of 13 28 court forms from both public and private enterprises and shall 13 29 attempt to contract with both public and private enterprises 13 30 for a reasonable portion of the court forms. 13 31 Sec. 38. Section 602.1207, Code 1997, is amended to read 13 32 as follows: 13 33 602.1207 REPORT OF THE CONDITION OF THE JUDICIAL 13 34DEPARTMENTBRANCH. 13 35 The chief justice shall communicate the condition of the 14 1departmentjudicial branch by message to each general 14 2 assembly, and may recommend matters the chief justice deems 14 3 appropriate. 14 4 Sec. 39. Section 602.1208, subsection 2, Code 1997, is 14 5 amended to read as follows: 14 6 2. The state court administrator is the principal 14 7 administrative officer of the judicialdepartmentbranch, 14 8 subject to the immediate direction and supervision of the 14 9 chief justice. 14 10 Sec. 40. Section 602.1209, subsections 1, 2, 3, 6, 7, and 14 11 8, Code 1997, are amended to read as follows: 14 12 1. Manage the judicialdepartmentbranch. 14 13 2. Administer funds appropriated to thedepartment14 14 judicial branch. 14 15 3. Authorize the filling of vacant court-employee 14 16 positions, review the qualifications of each person to be 14 17 employed within thedepartmentjudicial branch, and assure 14 18 that affirmative action goals are being met by thedepartment14 19 judicial branch. The state court administrator shall not 14 20 approve the employment of a person when either the proposed 14 21 terms and conditions of employment or the qualifications of 14 22 the individual do not satisfy personnel policies of the 14 23departmentjudicial branch. The administrator shall implement 14 24 the comparable worth directives issued under section 602.1204, 14 25 subsection 2 in all court employment decisions. 14 26 6. Collect and compile information and statistical data, 14 27 and submit reports relating to judicial business, including 14 28 juvenile court activities and other matters relating to the 14 29departmentjudicial branch. 14 30 7. Formulate and submit recommendations for improvement of 14 31 the judicial system, with reference to the structure of the 14 32departmentjudicial branch and its organization and methods of 14 33 operation, the selection, compensation, number, and tenure of 14 34 judicial officers and court employees, and other matters as 14 35 directed by the chief justice or the supreme court. 15 1 8. Call conferences of district court administrators as 15 2 necessary in the administration of thedepartmentjudicial 15 3 branch. 15 4 Sec. 41. Section 602.1214, subsections 3 and 5, Code 1997, 15 5 are amended to read as follows: 15 6 3. The district court administrator shall assist the state 15 7 court administrator in the implementation of policies of the 15 8departmentjudicial branch and in the performance of the 15 9 duties of the state court administrator. 15 10 5. The district court administrator shall comply with 15 11 policies of thedepartmentjudicial branch and the judicial 15 12 district. 15 13 Sec. 42. Section 602.1215, subsections 3 and 4, Code 1997, 15 14 are amended to read as follows: 15 15 3. The clerk of the district court shall assist the state 15 16 court administrator and the district court administrator in 15 17 carrying out the rules, directives, and procedures of the 15 18departmentjudicial branch and the judicial district. 15 19 4. The clerk of the district court shall comply with 15 20 rules, directives, and procedures of thedepartmentjudicial 15 21 branch and the judicial district. 15 22 Sec. 43. Section 602.1217, subsections 3 and 4, Code 1997, 15 23 are amended to read as follows: 15 24 3. The chief juvenile court officer, in addition to 15 25 performing the duties of a juvenile court officer, shall 15 26 supervise juvenile court officers and administer juvenile 15 27 court services within the judicial district in accordance with 15 28 law and with the rules, directives, and procedures of the 15 29departmentjudicial branch and the judicial district. 15 30 4. The chief juvenile court officer shall assist the state 15 31 court administrator and the district court administrator in 15 32 implementing rules, directives, and procedures of the 15 33departmentjudicial branch and the judicial district. 15 34 Sec. 44. Section 602.1218, Code 1997, is amended to read 15 35 as follows: 16 1 602.1218 REMOVAL FOR CAUSE. 16 2 Inefficiency, insubordination, incompetence, failure to 16 3 perform assigned duties, inadequacy in performance of assigned 16 4 duties, narcotics addiction, dishonesty, unrehabilitated 16 5 alcoholism, negligence, conduct which adversely affects the 16 6 performance of the individual or of thedepartmentjudicial 16 7 branch, conduct unbecoming a public employee, misconduct, or 16 8 any other just and good cause constitutes cause for removal. 16 9 Sec. 45. Section 602.1301, Code 1997, is amended to read 16 10 as follows: 16 11 602.1301 BUDGET AND FISCAL PROCEDURES. 16 12 1. The supreme court shall prepare an annual operating 16 13 budget for thedepartmentjudicial branch, and shall submit a 16 14 budget request to the general assembly for the fiscal period 16 15 for which the general assembly is appropriating funds. 16 16 2. a. As early as possible, but not later than December 16 17 1, the supreme court shall submit to the legislative fiscal 16 18 bureau the annual budget request and detailed supporting 16 19 information for the judicialdepartmentbranch. The 16 20 submission shall be designed to assist the legislative fiscal 16 21 bureau in its preparation for legislative consideration of the 16 22 budget request. The information submitted shall contain and 16 23 be arranged in a format substantially similar to the format 16 24 specified by the director of management and used by all 16 25 departments and establishments in transmitting to the director 16 26 estimates of their expenditure requirements pursuant to 16 27 section 8.23, except the estimates of expenditure requirements 16 28 shall be based upon one hundred percent of funding for the 16 29 current fiscal year accounted for by program, and using the 16 30 same line item definitions of expenditures as used for the 16 31 current fiscal year's budget request, and the remainder of the 16 32 estimate of expenditure requirements prioritized by program. 16 33 The supreme court shall also make use of the department of 16 34 management's automated budget system when submitting 16 35 information to the director of management to assist the 17 1 director in the transmittal of information as required under 17 2 section 8.35A. The supreme court shall budget and track 17 3 expenditures by the following separate organization codes: 17 4 (1) Iowa court information system. 17 5 (2) Appellate courts. 17 6 (3) Central administration. 17 7 (4) District court administration. 17 8 (5) Judges and magistrates. 17 9 (6) Court reporters. 17 10 (7) Juvenile court officers. 17 11 (8) District court clerks. 17 12 (9) Jury and witness fees. 17 13 b. Before December 1, the supreme court shall submit to 17 14 the director of management an estimate of the total 17 15 expenditure requirements of the judicialdepartmentbranch. 17 16 The director of management shall submit this estimate received 17 17 from the supreme court to the governor for inclusion without 17 18 change in the governor's proposed budget for the succeeding 17 19 fiscal year. The estimate shall also be submitted to the 17 20 chairpersons of the committees on appropriations. 17 21 3. The state court administrator shall prescribe the 17 22 procedures to be used by the operating components of the 17 23departmentjudicial branch with respect to the following: 17 24 a. The preparation, submission, review, and revision of 17 25 budget requests. 17 26 b. The allocation and disbursement of funds appropriated 17 27 to thedepartmentjudicial branch. 17 28 c. The purchase of forms, supplies, equipment, and other 17 29 property. 17 30 d. Other matters relating to fiscal administration. 17 31 4. The state court administrator shall prescribe practices 17 32 and procedures for the accounting and internal auditing of 17 33 funds of thedepartmentjudicial branch, including uniform 17 34 practices and procedures to be used by judicial officers and 17 35 court employees with respect to all funds, regardless of 18 1 source. 18 2 Sec. 46. Section 602.1302, Code 1997, is amended to read 18 3 as follows: 18 4 602.1302 STATE FUNDING. 18 5 1. Except as otherwise provided by sections 602.1303 and 18 6 602.1304 or other applicable law, the expenses of operating 18 7 and maintaining thedepartmentjudicial branch shall be paid 18 8 out of the general fund of the state from funds appropriated 18 9 by the general assembly for thedepartmentjudicial branch. 18 10 State funding shall be phased in as provided in section 18 11 602.11101. 18 12 2. The supreme court may accept federal funds to be used 18 13 in the operation of thedepartmentjudicial branch, but shall 18 14 not expend any of these funds except pursuant to appropriation 18 15 of the funds by the general assembly. 18 16 3. A revolving fund is created in the state treasury for 18 17 the payment of jury and witness fees and mileage by the 18 18departmentjudicial branch. Thedepartmentjudicial branch 18 19 shall deposit any reimbursements to the state for the payment 18 20 of jury and witness fees and mileage in the revolving fund. 18 21 Notwithstanding section 8.33, unencumbered and unobligated 18 22 receipts in the revolving fund at the end of a fiscal year do 18 23 not revert to the general fund of the state. Thedepartment18 24 judicial branch shall on or before February 1 file a financial 18 25 accounting of the moneys in the revolving fund with the 18 26 legislative fiscal bureau. The accounting shall include an 18 27 estimate of disbursements from the revolving fund for the 18 28 remainder of the fiscal year and for the next fiscal year. 18 29 4. Thedepartmentjudicial branch shall reimburse counties 18 30 for the costs of witness and mileage fees and for attorney 18 31 fees paid pursuant to section 232.141, subsection 1. 18 32 Sec. 47. Section 602.1304, subsection 2, paragraph c, Code 18 33 Supplement 1997, is amended to read as follows: 18 34 c. Moneys in the collections fund shall be used by the 18 35 judicialdepartmentbranch for the Iowa court information 19 1 system; records management equipment, services, and projects; 19 2 other technological improvements; electronic legal research 19 3 equipment, systems, and projects; and the study, development, 19 4 and implementation of other innovations and projects that 19 5 would improve the administration of justice. The moneys in 19 6 the collection fund may also be used for capital improvements 19 7 necessitated by the installation of or connection with the 19 8 Iowa court information system, the Iowa communications 19 9 network, and other technological improvements approved by the 19 10departmentjudicial branch. 19 11 Sec. 48. Section 602.1401, subsections 1, 2, and 3, Code 19 12 1997, are amended to read as follows: 19 13 1. The supreme court shall establish, and may amend, a 19 14 personnel system and a pay plan for court employees. The 19 15 personnel system shall include a designation by position 19 16 title, classification, and function of each position or class 19 17 of positions within thedepartmentjudicial branch. 19 18 Reasonable efforts shall be made to accommodate the individual 19 19 staffing and management practices of the respective clerks of 19 20 the district court. The personnel system, in the employment 19 21 of court employees, shall not discriminate on the basis of 19 22 race, creed, color, sex, national origin, religion, physical 19 23 disability, or political party preference. The supreme court, 19 24 in establishing the personnel system, shall implement the 19 25 comparable worth directives issued by the state court 19 26 administrator under section 602.1204, subsection 2. The 19 27 personnel system shall include the prohibitions against sexual 19 28 harassment of full-time, part-time, and temporary employees 19 29 set out in section 19B.12, and shall include a grievance 19 30 procedure for discriminatory harassment. The personnel system 19 31 shall develop and distribute at the time of hiring or 19 32 orientation, a guide that describes for employees the 19 33 applicable sexual harassment prohibitions and grievance, 19 34 violation, and disposition procedures. This subsection does 19 35 not supersede the remedies provided under chapter 216. 20 1 2. The supreme court shall compile and publish all 20 2 documents that establish the personnel system, and shall 20 3 distribute a copy of the compilation and all amendments to 20 4 each operating component of thedepartmentjudicial branch. 20 5 3. The state court administrator is the public employer of 20 6 judicialdepartmentbranch employees for purposes of chapter 20 7 20, relating to public employment relations. 20 8 For purposes of chapter 20, the certified representative, 20 9 which on July 1, 1983 represents employees who become judicial 20 10departmentbranch employees as a result of 1983 Iowa Acts, 20 11 chapter 186, shall remain the certified representative when 20 12 the employees become judicialdepartmentbranch employees and 20 13 thereafter, unless the public employee organization is 20 14 decertified in an election held under section 20.15 or amended 20 15 or absorbed into another certified organization pursuant to 20 16 chapter 20. Collective bargaining negotiations shall be 20 17 conducted on a statewide basis and the certified employee 20 18 organizations which engage in bargaining shall negotiate on a 20 19 statewide basis, although bargaining units shall be organized 20 20 by judicial district. The public employment relations board 20 21 shall adopt rules pursuant to chapter 17A to implement this 20 22 subsection. 20 23 Sec. 49. Section 602.1402, Code 1997, is amended to read 20 24 as follows: 20 25 602.1402 PERSONNEL CONTROL. 20 26 The employment of court employees within an operating 20 27 component of the judicialdepartmentbranch is subject to 20 28 prior authorization by the supreme court, and to approval by 20 29 the state court administrator under section 602.1209. 20 30 Sec. 50. Section 602.1502, subsection 1, Code 1997, is 20 31 amended to read as follows: 20 32 1. The supreme court shall set the compensation of the 20 33 state court administrator. The salaries of other employees of 20 34 the judicialdepartmentbranch shall be set pursuant to the 20 35department'sjudicial branch's pay plan established under 21 1 section 602.1401. 21 2 Sec. 51. Section 602.1510, Code 1997, is amended to read 21 3 as follows: 21 4 602.1510 BOND EXPENSE. 21 5 The cost of a bond that is required of a judicial officer 21 6 or court employee in the discharge of duties shall be paid by 21 7 thedepartmentjudicial branch. 21 8 Sec. 52. Section 602.1610, subsection 2, Code 1997, is 21 9 amended to read as follows: 21 10 2. The mandatory retirement age for employees of the 21 11 judicialdepartmentbranch is as provided in section 97B.46. 21 12 Sec. 53. Section 602.2101, Code 1997, is amended to read 21 13 as follows: 21 14 602.2101 AUTHORITY. 21 15 The supreme court may retire, discipline, or remove a 21 16 judicial officer from office or may discipline or remove an 21 17 employee of the judicialdepartmentbranch for cause as 21 18 provided in this part. 21 19 Sec. 54. Section 602.2103, Code 1997, is amended to read 21 20 as follows: 21 21 602.2103 OPERATION OF COMMISSION. 21 22 A quorum of the commission is four members. Only those 21 23 commission members that are present at commission meetings or 21 24 hearings may vote. An application by the commission to the 21 25 supreme court to retire, discipline, or remove a judicial 21 26 officer, or discipline or remove an employee of the judicial 21 27departmentbranch, or an action by the commission which 21 28 affects the final disposition of a complaint, requires the 21 29 affirmative vote of at least four commission members. 21 30 Notwithstanding chapter 21 and chapter 22, all records, 21 31 papers, proceedings, meetings, and hearings of the commission 21 32 are confidential, but if the commission applies to the supreme 21 33 court to retire, discipline, or remove a judicial officer, or 21 34 to discipline or remove an employee of the judicialdepartment21 35 branch, the application and all of the records and papers in 22 1 that proceeding are public documents. 22 2 Sec. 55. Section 602.2104, Code 1997, is amended to read 22 3 as follows: 22 4 602.2104 PROCEDURE BEFORE COMMISSION. 22 5 1. Charges before the commission shall be in writing but 22 6 may be simple and informal. The commission shall investigate 22 7 each charge as indicated by its gravity. If the charge is 22 8 groundless, it shall be dismissed by the commission. If the 22 9 charge appears to be substantiated but does not warrant 22 10 application to the supreme court, the commission may dispose 22 11 of it informally by conference with or communication to the 22 12 judicial officer or employee of the judicialdepartmentbranch 22 13 involved. If the charge appears to be substantiated and if 22 14 proved would warrant application to the supreme court, notice 22 15 shall be given to the judicial officer and a hearing shall be 22 16 held before the commission. The commission may employ 22 17 investigative personnel, in addition to the executive 22 18 secretary, as it deems necessary. The commission may also 22 19 employ or contract for the employment of legal counsel. 22 20 2. In case of a hearing before the commission, written 22 21 notice of the charge and of the time and place of hearing 22 22 shall be mailed to a judicial officer or an employee of the 22 23 judicialdepartmentbranch at the person's residence at least 22 24 twenty days prior to the time set for hearing. Hearing shall 22 25 be held in the county where the judicial officer or employee 22 26 of the judicialdepartmentbranch resides unless the 22 27 commission and the judicial officer or employee of the 22 28 judicialdepartmentbranch agree to a different location. The 22 29 judicial officer shall continue to perform judicial duties 22 30 during the pendency of the charge and the employee shall 22 31 continue to perform the employee's assigned duties, unless 22 32 otherwise ordered by the commission. The attorney general 22 33 shall prosecute the charge before the commission on behalf of 22 34 the state. A judicial officer or employee of the judicial 22 35departmentbranch may defend and has the right to participate 23 1 in person and by counsel, to cross-examine, to be confronted 23 2 by the witnesses, and to present evidence in accordance with 23 3 the rules of civil procedure. A complete record shall be made 23 4 of the evidence by a court reporter. In accordance with its 23 5 findings on the evidence, the commission shall dismiss the 23 6 charge or make application to the supreme court to retire, 23 7 discipline, or remove the judicial officer or to discipline or 23 8 remove an employee of the judicialdepartmentbranch. 23 9 3. The commission has subpoena power, which may be used in 23 10 conducting investigations and during the hearing process. A 23 11 person who disobeys the commission's subpoena or who refuses 23 12 to testify or produce documents as required by a commission 23 13 subpoena may be punished for contempt in the district court 23 14 for the county in which the hearing is being held or the 23 15 investigation is being conducted. Costs related to 23 16 investigations and to the appearance of witnesses subpoenaed 23 17 by the designated prosecutor shall be paid by the commission. 23 18 Commission subpoenas may be issued as follows: 23 19 a. During an investigation, subpoenas shall be issued by 23 20 the commission, at the request of the person designated to 23 21 conduct the investigation, to compel the appearance of persons 23 22 or the production of documents before the person who is 23 23 designated to conduct the investigation. The person 23 24 designated to conduct the investigation shall administer the 23 25 required oath. 23 26 b. During the hearing process, subpoenas shall be issued 23 27 by the commission at the request of the designated prosecutor 23 28 or the judicial officer or employee of the judicialdepartment23 29 branch. 23 30 Sec. 56. Section 602.2106, subsections 1, 2, and 3, Code 23 31 1997, are amended to read as follows: 23 32 1. If the commission submits an application to the supreme 23 33 court to retire, discipline, or remove a judicial officer or 23 34 to discipline or remove an employee of the judicialdepartment23 35 branch, the commission shall promptly file in the supreme 24 1 court a transcript of the hearing before the commission. The 24 2 statutes and rules relative to proceedings in appeals of 24 3 equity suits apply. 24 4 2. The attorney general shall prosecute the proceedings in 24 5 the supreme court on behalf of the state, and the judicial 24 6 officer or employee of the judicialdepartmentbranch may 24 7 defend in person and by counsel. 24 8 3. Upon application by the commission, the supreme court 24 9 may do any of the following: 24 10 a. Retire the judicial officer for permanent physical or 24 11 mental disability which substantially interferes with the 24 12 performance of judicial duties. 24 13 b. Discipline or remove the judicial officer for 24 14 persistent failure to perform duties, habitual intemperance, 24 15 willful misconduct in office, conduct which brings judicial 24 16 office into disrepute, or substantial violation of the canons 24 17 of judicial ethics. Discipline may include suspension without 24 18 pay for a definite period of time not to exceed twelve months. 24 19 c. Discipline or remove an employee of the judicial 24 20departmentbranch for conduct which violates the code of 24 21 ethics prescribed by the supreme court for court employees. 24 22 Sec. 57. Section 602.5205, subsection 2, Code 1997, is 24 23 amended to read as follows: 24 24 2. Offices may be provided for court of appeals judges or 24 25 employees at any place other than the seat of state government 24 26 with the approval of the supreme court within the funds 24 27 available to the judicialdepartmentbranch. 24 28 Sec. 58. Section 602.6301, Code 1997, is amended to read 24 29 as follows: 24 30 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 24 31 JUDGES. 24 32 There shall be one district associate judge in counties 24 33 having a population, according to the most recent federal 24 34 decennial census, of more than thirty-five thousand and less 24 35 than eighty thousand; two in counties having a population of 25 1 eighty thousand or more and less than one hundred twenty-five 25 2 thousand; three in counties having a population of one hundred 25 3 twenty-five thousand or more and less than two hundred 25 4 thousand; four in counties having a population of two hundred 25 5 thousand or more and less than two hundred thirty-five 25 6 thousand; five in counties having a population of two hundred 25 7 thirty-five thousand or more and less than two hundred seventy 25 8 thousand; six in counties having a population of two hundred 25 9 seventy thousand or more and less than three hundred five 25 10 thousand; and seven in counties having a population of three 25 11 hundred five thousand or more. However, a county shall not 25 12 lose a district associate judgeship solely because of a 25 13 reduction in the county's population. If the formula provided 25 14 in this section results in the allocation of an additional 25 15 district associate judgeship to a county, implementation of 25 16 the allocation shall be subject to prior approval of the 25 17 supreme court and availability of funds to the judicial 25 18departmentbranch. A district associate judge appointed 25 19 pursuant to section 602.6302 or 602.6303 shall not be counted 25 20 for purposes of this section. 25 21 Sec. 59. Section 602.7203, Code 1997, is amended to read 25 22 as follows: 25 23 602.7203 JUVENILE VICTIM RESTITUTION. 25 24 Thedepartmentjudicial branch shall administer the 25 25 juvenile victim restitution program created in chapter 232A. 25 26 Sec. 60. Section 602.8107, subsection 5, Code Supplement 25 27 1997, is amended to read as follows: 25 28 5. If a county attorney does not file the notice and list 25 29 of cases required in section 331.756, subsection 5, the 25 30 judicialdepartmentbranch may assign cases to the centralized 25 31 collection unit of the department of revenue and finance or 25 32 its designee to collect debts owed to the clerk of the 25 33 district court. 25 34 The department of revenue and finance may impose a fee 25 35 established by rule to reflect the cost of processing which 26 1 shall be added to the debt owed to the clerk of the district 26 2 court. Any amounts collected by the unit will first be 26 3 applied to the processing fee. The remaining amounts shall be 26 4 remitted to the clerk of the district court for the county in 26 5 which the debt is owed. The judicialdepartmentbranch may 26 6 prescribe rules to implement this section. These rules may 26 7 provide for remittance of processing fees to the department of 26 8 revenue and finance or its designee. 26 9 Satisfaction of the outstanding obligation occurs only when 26 10 all fees or charges and the outstanding obligation are paid in 26 11 full. Payment of the outstanding obligation only shall not be 26 12 considered payment in full for satisfaction purposes. 26 13 The department of revenue and finance or its collection 26 14 designee shall file with the clerk of the district court a 26 15 notice of the satisfaction of each obligation to the full 26 16 extent of the moneys collected in satisfaction of the 26 17 obligation. The clerk of the district court shall record the 26 18 notice and enter a satisfaction for the amounts collected. 26 19 Sec. 61. Section 602.8108, subsection 4, paragraph a, Code 26 20 1997, is amended to read as follows: 26 21 a. Eighty percent shall be used to enhance the ability of 26 22 the judicialdepartmentbranch to process cases more quickly 26 23 and efficiently, to electronically transmit information to 26 24 state government, local governments, law enforcement agencies, 26 25 and the public, and to improve public access to the court 26 26 system. Moneys in this paragraph shall not be used for the 26 27 Iowa court information system. 26 28 Sec. 62. Section 602.9206, unnumbered paragraph 1, Code 26 29 1997, is amended to read as follows: 26 30 Section 602.1612 does not apply to a senior judge but does 26 31 apply to a retired senior judge. During the tenure of a 26 32 senior judge, if the judge is able to serve, the judge may be 26 33 assigned by the supreme court to temporary judicial duties on 26 34 courts of this state without salary for an aggregate of 26 35 thirteen weeks out of each twelve-month period, and for 27 1 additional weeks with the judge's consent. A senior judge 27 2 shall not be assigned to judicial duties on the supreme court 27 3 unless the judge has been appointed to serve on the supreme 27 4 court prior to retirement. While serving on temporary 27 5 assignment, a senior judge has and may exercise all of the 27 6 authority of the office to which the judge is assigned, shall 27 7 continue to be paid the judge's annuity as senior judge, shall 27 8 be reimbursed for the judge's actual expenses to the extent 27 9 expenses of a district judge are reimbursable under section 27 10 602.1509, may, if permitted by the assignment order, appoint a 27 11 temporary court reporter, who shall be paid the remuneration 27 12 and reimbursement for actual expenses provided by law for a 27 13 reporter in the court to which the senior judge is assigned, 27 14 and, if assigned to the court of appeals or the supreme court, 27 15 shall be given the assistance of a law clerk and a secretary 27 16 designated by the court administrator of the judicial 27 17departmentbranch from the court administrator's staff. Each 27 18 order of temporary assignment shall be filed with the clerks 27 19 of court at the places where the senior judge is to serve. 27 20 Sec. 63. Section 602.11101, subsection 5, unnumbered 27 21 paragraph 2, Code 1997, is amended to read as follows: 27 22 Until July 1, 1986 the county shall remain responsible for 27 23 the compensation of and operating costs for court employees 27 24 not presently designated for state financing and for 27 25 miscellaneous costs of the judicialdepartmentbranch related 27 26 to furnishings, supplies, and equipment purchased, leased, or 27 27 maintained for the use of judicial officers, referees, and 27 28 their staff. Effective July 1, 1986 the state shall assume 27 29 the responsibility for the compensation of and operating costs 27 30 for court employees presently designated for state financing 27 31 and for miscellaneous costs of the judicialdepartmentbranch 27 32 related to furnishings, supplies, and equipment purchased, 27 33 leased, or maintained for the use of judicial officers, 27 34 referees, and their staff. However, the county shall at all 27 35 times remain responsible for the provision of suitable 28 1 courtrooms, offices, and other physical facilities pursuant to 28 2 section 602.1303, subsection 1, including paint, wall 28 3 covering, and fixtures in the facilities. 28 4 Sec. 64. Section 602.11101, subsection 6, Code 1997, is 28 5 amended to read as follows: 28 6 6. The state shall assume the responsibility for the costs 28 7 of indigent defense on July 1, 1987. However, an attorney 28 8 appointed to represent an indigent person pursuant to section 28 9 331.777 is not a court employee, as defined in section 28 10 602.1101, subsection 5, and the judicialdepartmentbranch 28 11 does not have supervisory power over personnel of public 28 12 defender offices established pursuant to section 331.776. 28 13 Sec. 65. Section 602.11107, subsection 1, Code 1997, is 28 14 amended to read as follows: 28 15 1. Commencing on the date when each category of employees 28 16 becomes state employees as a result of this Act, public 28 17 property referred to in subsection 2 that on the day prior to 28 18 that date is in the custody of a person or agency referred to 28 19 in subsection 3 shall not become property of the judicial 28 20departmentbranch but shall be devoted for the use of the 28 21 judicialdepartmentbranch in its course of business. The 28 22 judicialdepartmentbranch shall only be responsible for 28 23 maintenance contracts or contracts for purchase entered into 28 24 by the judicialdepartmentbranch. Upon replacement of the 28 25 property by the judicialdepartmentbranch, the property shall 28 26 revert to the use of the appropriate county. However, if the 28 27 property is personal property of a historical nature, the 28 28 property shall not become property of the judicialdepartment28 29 branch, and the county shall make the property available to 28 30 the judicialdepartmentbranch for thedepartment'sjudicial 28 31 branch's use within the county courthouse until the court no 28 32 longer wishes to use the property, at which time the property 28 33 shall revert to the use of the appropriate county. 28 34 Sec. 66. Section 805.6, subsection 3, Code 1997, is 28 35 amended to read as follows: 29 1 3. Supplies of the uniform citation and complaint for 29 2 municipal corporations and county agencies shall be paid for 29 3 out of the budget of the municipal corporation or county 29 4 receiving the fine resulting from use of the citation and 29 5 complaint. Supplies of the uniform citation and complaint 29 6 form used by other agencies shall be paid for out of the 29 7 budget of the agency concerned and not out of the budget of 29 8 the judicialdepartmentbranch. 29 9 Sec. 67. Section 232A.1, Code 1997, is repealed. 29 10 Sec. 68. DIRECTIVE TO CODE EDITOR. 29 11 1. The Code editor is directed to substitute the words 29 12 "judicial branch" for the words "judicial department" when 29 13 there appears to be no doubt as to the intent to refer to the 29 14 judicial department. 29 15 2. The Code editor is directed to substitute the words 29 16 "judicial branch" for the word "department", in chapters 232A 29 17 and 602 when there appears to be no doubt as to the intent to 29 18 refer to the judicial department. 29 19 29 20 29 21 29 22 RON J. CORBETT 29 23 Speaker of the House 29 24 29 25 29 26 29 27 MARY E. KRAMER 29 28 President of the Senate 29 29 29 30 I hereby certify that this bill originated in the House and 29 31 is known as House File 2456, Seventy-seventh General Assembly. 29 32 29 33 29 34 29 35 ELIZABETH ISAACSON 30 1 Chief Clerk of the House 30 2 Approved , 1998 30 3 30 4 30 5 30 6 TERRY E. BRANSTAD 30 7 Governor
Text: HF02455 Text: HF02457 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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