Text: S05143 Text: S05145 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2281, as follows: 1 2 #1. Page 2, line 12, by striking the word "delete" 1 3 and inserting the following: "deny". 1 4 #2. Page 2, line 15, by inserting after the word 1 5 "action." the following: "Notwithstanding section 1 6 17A.19, subsection 2, proceedings for judicial review 1 7 of the actions of the state public defender may be 1 8 brought in the district court of the county in which 1 9 the original case was brought." 1 10 #3. Page 2, line 22, by striking the words "a 1 11 basis" and inserting the following: "the sole basis". 1 12 #4. Page 2, line 25, by inserting after the word 1 13 "action." the following: "Notwithstanding section 1 14 17A.19, subsection 2, proceedings for judicial review 1 15 of the actions of the state public defender may be 1 16 brought in the district court of the county in which 1 17 the original case was brought." 1 18 #5. Page 3, by inserting after line 4, the 1 19 following: 1 20 "Sec. ___. Section 13B.9, subsection 1, paragraph 1 21 b, Code 1997, is amended to read as follows: 1 22 b. Represent an indigent party, without fee and 1 23 upon an order of the court, in child in need of 1 24 assistance, family in need of assistance, delinquency, 1 25 and termination of parental rights proceedings 1 26 pursuant to chapter 232 in a county served by a public 1 27 defender. The local public defender shall counsel and 1 28 represent an indigent party in all proceedings 1 29 pursuant to chapter 232 in a county served by a public 1 30 defender and prosecute before or after judgment any 1 31 appeals or other remedies which the local public 1 32 defender considers to be in the interest of justice 1 33 unless other counsel is appointed to the case.The1 34state public defender shall be reimbursed by the1 35counties for services rendered by employees of the1 36local public defenders' offices under this subsection,1 37pursuant to section 232.141." 1 38 #6. Page 3, by inserting after line 6, the 1 39 following: 1 40 "Sec. ___. Section 13B.9, subsection 3, Code 1997, 1 41 is amended by striking the subsection." 1 42 #7. Page 3, by inserting after line 8, the 1 43 following: 1 44 "Sec. ___. Section 124.407, unnumbered paragraphs 1 45 2 and 7, Code 1997, are amended by striking the 1 46 unnumbered paragraphs." 1 47 #8. Page 3, by inserting after line 35, the 1 48 following: 1 49 "Sec. ___. Section 232.141, subsections 2 and 3, 1 50 Code Supplement 1997, are amended to read as follows: 2 1 2. Upon certification of the court, all of the 2 2 following expenses are a charge upon the county in 2 3 which the proceedings are held, to the extent provided 2 4 in subsection 3: 2 5 a. The fees and mileage of witnesses and the 2 6 expenses of officers serving notices and subpoenas 2 7 incurred by an attorney appointed by the court to 2 8 serve as counsel or guardian ad litem. 2 9 b. Reasonable compensation for an attorney 2 10 appointed by the court to serve as counsel or guardian 2 11 ad litem. 2 12 3. Costs incurred under subsection 2 shall be paid 2 13 as follows: 2 14 a.AFor each fiscal year, a county shall be 2 15required to payliable forthe fiscal year beginning2 16July 1, 1989,an amount equal to the county's base 2 17 cost for witness and mileage fees and attorney fees 2 18established pursuant to section 232.141, subsection 8,2 19paragraph "d", Code 1989, for the fiscal year2 20beginning July 1, 1988, plus an amount equal to the2 21percentage rate of change in the consumer price index2 22as tabulated by the federal bureau of labor statistics2 23for the current year times the county's base costA 2 24 county's base cost shall be the amount a county was 2 25 required to pay pursuant to section 232.141, 2 26 subsection 3, Code 1997, for the fiscal year beginning 2 27 July 1, 1997, and ending June 20, 1998, in accordance 2 28 with the schedule contained in this Act. The payment 2 29 of the county's base cost shall be made through an 2 30 offset of the county allocation as provided in section 2 31 405A.4. 2 32b. A county's base cost for a fiscal year plus the2 33percentage rate of change amount as computed in2 34paragraph "a" is the county's base cost for the2 35succeeding fiscal year. The amount to be paid in the2 36succeeding year by the county shall be computed as2 37provided in paragraph "a".2 38c.b. Costs incurred under subsection 2,which are2 39not paid by the county under paragraphs "a" and "b"2 40 shall bereimbursedpaid by the state.Reimbursement2 41 Payment for the costs of compensation of an attorney 2 42 appointed by the court to serve as counsel or guardian 2 43 ad litem shall be made as provided in section 815.7. 2 44 Acountyperson eligible for payment by the state 2 45 shall apply forreimbursement to the department of2 46inspections and appeals which shall prescribe rules2 47and forms to implement this subsectionpayment as 2 48 provided in section 815.10." 2 49 #9. Page 6, line 12, by striking the word 2 50 "reasonable" and inserting the following: 3 1 "reasonable". 3 2 #10. Page 9, line 30, by inserting after the words 3 3 "of any" the following: "court order following a 3 4 dispositive". 3 5 #11. Page 10, line 28, by striking the word 3 6 "receive" and inserting the following: "be given". 3 7 #12. Page 11, line 5, by striking the words "for 3 8 use in" and inserting the following: "that may be 3 9 used for". 3 10 #13. By numbering and renumbering as necessary. 3 11 3 12 3 13 3 14 O. GENE MADDOX 3 15 SF 2281.301 77 3 16 lh/cf/28
Text: S05143 Text: S05145 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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