Text: SSB03069                          Text: SSB03071
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Senate Study Bill 3070

Bill Text

PAG LIN
  1  1    Section 1.  Section 6B.4, unnumbered paragraph 2, Code
  1  2 Supplement 1999, is amended to read as follows:
  1  3    The chief judge of the judicial district shall select by
  1  4 lot six persons from the list, two persons who are owner-
  1  5 operators of agricultural property when the property to be
  1  6 condemned is agricultural property; two persons who are owners
  1  7 of city property when the property to be condemned is other
  1  8 than agricultural property; and two persons from each of the
  1  9 remaining two representative groups, who shall constitute a
  1 10 compensation commission to assess the damages to all property
  1 11 to be taken by the applicant and located in the county, and
  1 12 shall name a chairperson from the persons selected.  A person
  1 13 shall not be selected as a member of the compensation
  1 14 commission if the person possesses any interest in the
  1 15 proceeding which would cause the person to render a biased
  1 16 decision.  The clerk of the district court applicant shall
  1 17 send, by ordinary mail, a list of those persons selected to
  1 18 the applicant and to the owner of the property at the owner's
  1 19 last known address and shall file proof of the mailing with
  1 20 the sheriff.  The list shall be provided prior to the mailing,
  1 21 by any party, of a notice of assessment under section 6B.8.
  1 22 If the clerk of the district court applicant is unable to
  1 23 locate an address for the owner of the property, the list
  1 24 shall be published once in a newspaper of general circulation
  1 25 in the county.  The applicant shall reimburse the clerk of the
  1 26 district court for the cost of mailing and publication.
  1 27    Sec. 2.  Section 450.24, Code 1999, is amended to read as
  1 28 follows:
  1 29    450.24  APPRAISERS.
  1 30    In each county the court shall, on or before January 15 of
  1 31 each the year an appointment is required, appoint three
  1 32 competent residents and freeholders of the county to act as
  1 33 appraisers of the real property within its jurisdiction which
  1 34 is charged or sought to be charged with an inheritance tax.
  1 35 The appraisers shall serve for one year four years, and until
  2  1 their successors are appointed and qualified.  They shall each
  2  2 take an oath to faithfully and impartially perform the duties
  2  3 of the office, but shall not be required to give bond.  They
  2  4 shall be subject to removal at any time at the discretion of
  2  5 the court.  The court may also in its discretion, either
  2  6 before or after the appointment of the regular appraisers,
  2  7 appoint other appraisers to act in any given case.  Vacancies
  2  8 occurring otherwise than by expiration of term shall be filled
  2  9 by appointment of the court.  A person interested in any
  2 10 manner in the estate to be appraised shall not serve as an
  2 11 appraiser of that estate.
  2 12    Sec. 3.  Section 624.20, Code 1999, is amended to read as
  2 13 follows:
  2 14    624.20  SATISFACTION OF JUDGMENT.
  2 15    Where a judgment is set aside or satisfied by execution or
  2 16 otherwise, the clerk shall at once enter a memorandum thereof
  2 17 on the column left for that purpose in the judgment docket.
  2 18 However, the clerk may enter satisfaction of judgment if the
  2 19 amount of the judgment that is unsatisfied is one dollar or
  2 20 less.
  2 21    Sec. 4.  Section 804.21, subsection 6, Code 1999, is
  2 22 amended to read as follows:
  2 23    6.  This section does not prevent the release of the
  2 24 arrested person pending initial appearance upon the furnishing
  2 25 of bail in the amount endorsed on the warrant.  The initial
  2 26 appearance of a person so released shall be scheduled for a
  2 27 time not more than ten thirty days after the date of release.
  2 28    Sec. 5.  Section 811.6, subsection 1, Code 1999, is amended
  2 29 to read as follows:
  2 30    1.  A defendant released pursuant to this chapter shall
  2 31 appear at arraignment, trial, judgment, or such other
  2 32 proceedings where the defendant's appearance is required.  If
  2 33 the defendant fails to appear at the time and place when the
  2 34 defendant's personal appearance is lawfully required, or to
  2 35 surrender in execution of the judgment, the court must direct
  3  1 an entry of the failure to be made of record, and the
  3  2 undertaking of the defendant's bail, or the money deposited,
  3  3 is thereupon forfeited.  As a part of the entry, except as
  3  4 provided in R.Cr.P. 53, the court shall direct the sheriff
  3  5 clerk of the district court of the county to give ten days'
  3  6 notice in writing to the defendant and the defendant's
  3  7 sureties to appear and show cause, if any, why judgment should
  3  8 not be entered for the amount of bail.  If such appearance is
  3  9 not made, judgment shall be entered by the court.  If
  3 10 appearance is made, the court shall set the case down for
  3 11 immediate hearing as an ordinary action.
  3 12    Sec. 6.  Section 910.9, Code 1999, is amended to read as
  3 13 follows:
  3 14    910.9  COLLECTION OF PAYMENTS – PAYMENT BY CLERK OF COURT.
  3 15    An offender making restitution pursuant to a restitution
  3 16 plan of payment shall make the payment monthly to the clerk of
  3 17 court of the county from which the offender was sentenced,
  3 18 unless the restitution plan of payment provides otherwise.  If
  3 19 the restitution plan authorizes payment to an entity other
  3 20 than the clerk of court, that entity shall regularly file a
  3 21 partial or full satisfaction of judgment with the clerk of
  3 22 court concerning amounts collected by that entity.
  3 23    The clerk of court shall maintain a record of all receipts
  3 24 and disbursements of restitution payments and shall disburse
  3 25 all moneys received to the victims designated in the plan of
  3 26 restitution.  If there is more than one victim, disbursements
  3 27 to the victims shall be on the basis of the victim's
  3 28 percentage of the total owed by the offender to all victims,
  3 29 except that the clerk of court may decide the allocation of
  3 30 payments owed to a victim of twenty twenty-five dollars or
  3 31 less.
  3 32    Fines, penalties, and surcharges, crime victim compensation
  3 33 program reimbursement, public agency restitution, court costs
  3 34 including correctional fees claimed by a sheriff pursuant to
  3 35 section 356.7, court-appointed attorney's fees, and expenses
  4  1 for public defenders, shall not be withheld by the clerk of
  4  2 court until all victims have been paid in full.  Payments to
  4  3 victims shall be made by the clerk of court at least
  4  4 quarterly.  Payments by a clerk of court shall be made no
  4  5 later than the last business day of the quarter, but may be
  4  6 made more often at the discretion of the clerk of court.  The
  4  7 clerk of court receiving final payment from an offender, shall
  4  8 notify all victims that full restitution has been made, and a
  4  9 copy of the notice shall be sent to the sentencing court.
  4 10 Each office or individual charged with supervising an offender
  4 11 who is required to perform community service as full or
  4 12 partial restitution shall keep records to assure compliance
  4 13 with the portions of the plan of restitution and restitution
  4 14 plan of payment relating to community service and, when the
  4 15 offender has complied fully with the community service
  4 16 requirement, notify the sentencing court.  
  4 17                           EXPLANATION
  4 18    This bill makes several changes governing the duties and
  4 19 responsibilities of clerks of the district court.
  4 20    Code section 6B.4 is amended to require the applicant for
  4 21 condemnation of property rather than the clerk of court to
  4 22 mail the list of condemnation commissioners to the owner of
  4 23 the property and to require the applicant to file proof of the
  4 24 mailing with the sheriff.
  4 25    Code section 450.24 is amended to increase the term of
  4 26 office for inheritance real estate appraisers from one to four
  4 27 years.
  4 28    Code section 624.20 is amended to permit a clerk of court
  4 29 to enter satisfaction of judgment if the judgment remaining is
  4 30 $1 or less.
  4 31    Code section 804.21 is amended to extend the time for an
  4 32 initial appearance from 10 days to 30 days after arrest and
  4 33 subsequent release on bail.
  4 34    Code section 811.6 is amended to require the clerk, rather
  4 35 than the sheriff, to provide 10 days' notice to the defendant
  5  1 and the defendant's sureties of entry of judgment for
  5  2 forfeited bail.
  5  3    Code section 910.9 is amended concerning the collection of
  5  4 restitution payments.  The bill provides that if an entity
  5  5 other than the clerk is authorized to receive payments, that
  5  6 entity shall regularly notify the clerk about the receipt of
  5  7 such payments.  In addition, the Code section is amended to
  5  8 permit the clerk to allocate payments among multiple victims
  5  9 at its discretion, instead of pursuant to a set percentage of
  5 10 the total owed to each victim, when the payment to a victim
  5 11 would be $25 or less.  The Code section is also amended to
  5 12 eliminate the requirement that the sentencing court be
  5 13 notified when full restitution has been made.  
  5 14 LSB 5345DP 78
  5 15 ec/gg/8.1
     

Text: SSB03069                          Text: SSB03071
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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