Text: SSB02076 Text: SSB02078 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235A.15, subsection 2, paragraph d, 1 2 subparagraph (5), Code Supplement 1997, is amended to read as 1 3 follows: 1 4 (5) To a probation or parole officer, juvenile court 1 5 officer, court appointed special advocate as defined in 1 6 section 232.2, or adult correctional officer having custody or 1 7 supervision of, or conducting an investigation for a court or 1 8 the board of parole regarding, a person named in a report as a 1 9 victim of child abuse or as having abused a child. 1 10 Sec. 2. Section 421.17, subsection 29, paragraph g, Code 1 11 Supplement 1997, is amended by adding the following new 1 12 unnumbered paragraph: 1 13 NEW UNNUMBERED PARAGRAPH. However, upon submission of an 1 14 allegation of the liability of a person which is owing and 1 15 payable to the clerk of the district court and upon the 1 16 determination by the department that the person allegedly 1 17 liable is entitled to payment from a state agency, the 1 18 department shall send written notification to the person which 1 19 states the assertion by the clerk of the district court of 1 20 rights to all or a portion of the payment, the clerk's 1 21 entitlement to recover the liability through the setoff 1 22 procedure, the basis of the assertions, the person's 1 23 opportunity to request within fifteen days of the mailing of 1 24 the notice that the department divide a jointly or commonly 1 25 owned right to payment between owners, the opportunity to 1 26 contest the liability to the clerk by written application to 1 27 the clerk within fifteen days of the mailing of the notice, 1 28 and the person's opportunity to contest the department's 1 29 setoff procedure. 1 30 Sec. 3. Section 421.17, subsection 29, paragraph i, Code 1 31 Supplement 1997, is amended to read as follows: 1 32 i. The department shall, after the state agency has sent 1 33 notice to the person liable or, if the liability is owing and 1 34 payable to the clerk of the district court, the department has 1 35 sent notice to the person liable, set off the amount owed to 2 1 the agency against any amount which a state agency owes that 2 2 person. The department shall refund any balance of the amount 2 3 to the person. The department shall periodically transfer 2 4 amounts set off to the state agencies entitled to them. If a 2 5 person liable to a state agency gives written notice of intent 2 6 to contest an allegation, a state agency shall hold a refund 2 7 or rebate until final disposition of the allegation. Upon 2 8 completion of the setoff, a state agency shall notify in 2 9 writing the person who was liable or, if the liability is 2 10 owing and payable to the clerk of the district court, shall 2 11 comply with the procedures as provided in paragraph "k". 2 12 Sec. 4. Section 421.17, subsection 29, Code Supplement 2 13 1997, is amended by adding the following new paragraph: 2 14 NEW PARAGRAPH. k. If the alleged liability is owing and 2 15 payable to the clerk of the district court and setoff as 2 16 provided in this subsection is sought, all of the following 2 17 shall apply: 2 18 (1) The judicial department shall prescribe procedures to 2 19 permit a person to contest the amount of the person's 2 20 liability to the clerk of the district court. 2 21 (2) The department shall, except for the procedures 2 22 described in subparagraph (1), prescribe any other applicable 2 23 procedures concerning setoff as provided in this subsection. 2 24 (3) Upon completion of the setoff, the department shall 2 25 file, at least monthly, with the clerk of the district court a 2 26 notice of satisfaction of each obligation to the full extent 2 27 of all moneys collected in satisfaction of the obligation. 2 28 The clerk shall record the notice and enter a satisfaction for 2 29 the amounts collected and no separate written notice is 2 30 required. 2 31 Sec. 5. Section 602.4304, subsection 1, Code 1997, is 2 32 amended to read as follows: 2 33 1. The supreme court may appointnot more than nine2 34 attorneys or graduates of a reputable law school to act as 2 35 legal assistants to the justices of the supreme court. 3 1 Sec. 6. Section 602.6301, Code 1997, is amended to read as 3 2 follows: 3 3 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 3 4 JUDGES. 3 5 There shall be one district associate judge in counties 3 6 having a population, according to the most recent federal3 7decennial census,of more than thirty-five thousand and less 3 8 than eighty thousand; two in counties having a population of 3 9 eighty thousand or more and less than one hundred twenty-five 3 10 thousand; three in counties having a population of one hundred 3 11 twenty-five thousand or more and less than two hundred 3 12 thousand; four in counties having a population of two hundred 3 13 thousand or more and less than two hundred thirty-five 3 14 thousand; five in counties having a population of two hundred 3 15 thirty-five thousand or more and less than two hundred seventy 3 16 thousand; six in counties having a population of two hundred 3 17 seventy thousand or more and less than three hundred five 3 18 thousand; and seven in counties having a population of three 3 19 hundred five thousand or more. However, a county shall not 3 20 lose a district associate judgeship solely because of a 3 21 reduction in the county's population. If the formula provided 3 22 in this section results in the allocation of an additional 3 23 district associate judgeship to a county, implementation of 3 24 the allocation shall be subject to prior approval of the 3 25 supreme court and availability of funds to the judicial 3 26 department. A district associate judge appointed pursuant to 3 27 section 602.6302 or 602.6303 shall not be counted for purposes 3 28 of this section. 3 29 Sec. 7. Section 602.6304, Code 1997, is amended by adding 3 30 the following new subsection: 3 31 NEW SUBSECTION. 2A. A district associate judge who seeks 3 32 to resign from the office of district associate judge shall 3 33 notify in writing the chief judge of the judicial district as 3 34 to the district associate judge's intention to resign and the 3 35 effective date of the resignation. The chief judge of the 4 1 judicial district, upon receipt of the notice, shall notify 4 2 the county magistrate appointing commission and the state 4 3 court administrator of the actual or impending vacancy in the 4 4 office of district associate judge due to resignation. 4 5 Sec. 8. Section 602.6403, subsection 1, Code 1997, is 4 6 amended to read as follows: 4 7 1.InBy June 1 of each year in which magistrates' terms 4 8 expire, the county magistrate appointing commission shall 4 9 appoint, except as otherwise provided in section 602.6302, the 4 10 number of magistrates apportioned to the county by the state 4 11 court administrator under section 602.6401, and may appoint an 4 12 additional magistrate when allowed by section 602.6402. The 4 13 commission shall not appoint more magistrates than are 4 14 authorized for the county by this article. 4 15 Sec. 9. Section 602.6403, Code 1997, is amended by adding 4 16 the following new subsection: 4 17 NEW SUBSECTION. 2A. A magistrate who seeks to resign from 4 18 the office of magistrate shall notify in writing the chief 4 19 judge of the judicial district as to the magistrate's 4 20 intention to resign and the effective date of the resignation. 4 21 The chief judge of the judicial district, upon receipt of the 4 22 notice, shall notify the county magistrate appointing 4 23 commission and the state court administrator of the vacancy in 4 24 the office of magistrate due to resignation. 4 25 Sec. 10. Section 602.8102, Code Supplement 1997, is 4 26 amended by adding the following new subsection: 4 27 NEW SUBSECTION. 126A. Upon the failure of a person 4 28 charged to appear in person or by counsel to defend against 4 29 the offense charged pursuant to a uniform citation and 4 30 complaint as provided in section 805.6, enter a conviction and 4 31 render a judgment in the amount of the appearance bond in 4 32 satisfaction of the penalty plus court costs. 4 33 EXPLANATION 4 34 This bill provides that a court appointed special advocate 4 35 is entitled to receive otherwise confidential child abuse 5 1 information. 5 2 The bill also amends the provisions dealing with the 5 3 ability of the judicial department through the clerk of the 5 4 district court to obtain a setoff of any claim owed to a 5 5 person by a state agency in order to satisfy a liability that 5 6 the person owes the clerk of the district court. The bill 5 7 provides that the department of revenue and finance, and not 5 8 the judicial department, shall send notice of a potential 5 9 offset to the person liable, provides for the procedures to 5 10 follow once a setoff is complete, and provides for the 5 11 adoption of applicable procedures governing setoff by the 5 12 judicial department and the department of revenue and finance. 5 13 The bill eliminates the limitation on the number of 5 14 attorneys or law school graduates the supreme court may 5 15 employee to act as legal assistants to the justices of the 5 16 supreme court. 5 17 The bill eliminates the requirement that the most recent 5 18 federal decennial census be used to determine a county's 5 19 eligibility for apportionment of district associate judges. 5 20 The bill provides that a district associate judge or 5 21 magistrate who seeks to resign from that office shall notify 5 22 the chief judge of the applicable judicial district of the 5 23 resignation. The chief judge is then required to forward this 5 24 information to the state court administrator and the 5 25 applicable county magistrate appointing commission. 5 26 The bill also changes the deadline for appointing 5 27 magistrates from any day in June to June 1. 5 28 The bill also provides that the clerk of the district court 5 29 shall enter a conviction and judgment upon the failure of a 5 30 person charged pursuant to a uniform citation and complaint as 5 31 provided in Code section 805.6 to appear in person or through 5 32 an attorney to defend against the offense charged. 5 33 LSB 3298DP 77 5 34 ec/jw/5
Text: SSB02076 Text: SSB02078 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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