Text: SSB03187 Text: SSB03189 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229.19, Code Supplement 1999, is 1 2 amended to read as follows: 1 3 229.19 ADVOCATES – DUTIES – COMPENSATION – STATE AND 1 4 COUNTY LIABILITY. 1 5 Thedistrict court in each county with a population of1 6under three hundred thousand inhabitants and theboard of 1 7 supervisors in each countywith a population of three hundred1 8thousand or more inhabitantsshall appoint an individual who 1 9 has demonstrated by prior activities an informed concern for 1 10 the welfare and rehabilitation of persons with mental illness, 1 11 and who is not an officer or employee of the department of 1 12 human services nor of any agency or facility providing care or 1 13 treatment to persons with mental illness, to act as advocate 1 14 representing the interests of patients involuntarily 1 15 hospitalized by the court, in any matter relating to the 1 16 patients' hospitalization or treatment under section 229.14 or 1 17 229.15. Thecourt or, if the advocate is appointed by the1 18 county board of supervisors, the boardshall assign the 1 19 advocate appointed from a patient's county of legal settlement 1 20 to represent the interests of the patient. If a patient has 1 21 no county of legal settlement,the court or, if the advocate1 22is appointed by the county board of supervisors,the board 1 23 shall assign the advocate appointed from the county where the 1 24 hospital or facility is located to represent the interests of 1 25 the patient. The advocate's responsibility with respect to 1 26 any patient shall begin at whatever time the attorney employed 1 27 or appointed to represent that patient as respondent in 1 28 hospitalization proceedings, conducted under sections 229.6 to 1 29 229.13, reports to the court that the attorney's services are 1 30 no longer required and requests the court's approval to 1 31 withdraw as counsel for that patient. However, if the patient 1 32 is found to be seriously mentally impaired at the 1 33 hospitalization hearing, the attorney representing the patient 1 34 shall automatically be relieved of responsibility in the case 1 35 and an advocate shall be assigned to the patient at the 2 1 conclusion of the hearing unless the attorney indicates an 2 2 intent to continue the attorney's services and the court so 2 3 directs. If the court directs the attorney to remain on the 2 4 case the attorney shall assume all the duties of an advocate. 2 5 The clerk shall furnish the advocate with a copy of the 2 6 court's order approving the withdrawal and shall inform the 2 7 patient of the name of the patient's advocate. With regard to 2 8 each patient whose interests the advocate is required to 2 9 represent pursuant to this section, the advocate's duties 2 10 shall include all of the following: 2 11 1. To review each report submitted pursuant to sections 2 12 229.14 and 229.15. 2 13 2. If the advocate is not an attorney, to advise the court 2 14 at any time it appears that the services of an attorney are 2 15 required to properly safeguard the patient's interests. 2 16 3. To make the advocate readily accessible to 2 17 communications from the patient and to originate 2 18 communications with the patient within five days of the 2 19 patient's commitment. 2 20 4. To visit the patient within fifteen days of the 2 21 patient's commitment and periodically thereafter. 2 22 5. To communicate with medical personnel treating the 2 23 patient and to review the patient's medical records pursuant 2 24 to section 229.25. 2 25 6. To file with the court quarterly reports, and 2 26 additional reports as the advocate feels necessary or as 2 27 required by the court, in a form prescribed by the court. The 2 28 reports shall state what actions the advocate has taken with 2 29 respect to each patient and the amount of time spent. 2 30 The hospital or facility to which a patient is committed 2 31 shall grant all reasonable requests of the advocate to visit 2 32 the patient, to communicate with medical personnel treating 2 33 the patient and to review the patient's medical records 2 34 pursuant to section 229.25. An advocate shall not disseminate 2 35 information from a patient's medical records to any other 3 1 person unless done for official purposes in connection with 3 2 the advocate's duties pursuant to this chapter or when 3 3 required by law. 3 4 Thecourt or, if the advocate is appointed by thecounty 3 5 board of supervisors, the boardshall prescribe reasonable 3 6 compensation for the services of the advocate. The 3 7 compensation shall be based upon the reports filed by the 3 8 advocate with the court. The advocate's compensation shall be 3 9 paid by the county in which the court is located, either on3 10order of the court or, if the advocate is appointed by the3 11county board of supervisors,on the direction of the county 3 12 board of supervisors.If the advocate is appointed by the3 13court, the advocate is an employee of the state for purposes3 14of chapter 669. If the advocate is appointed by the county3 15board of supervisors, theThe advocate is an employee of the 3 16 county for purposes of chapter 670. If the patient or the 3 17 person who is legally liable for the patient's support is not 3 18 indigent, the board shall recover the costs of compensating 3 19 the advocate from that person. If that person has an income 3 20 level as determined pursuant to section 815.9 greater than one 3 21 hundred percent but not more than one hundred fifty percent of 3 22 the poverty guidelines, at least one hundred dollars of the 3 23 advocate's compensation shall be recovered in the manner 3 24 prescribed by the county board of supervisors. If that person 3 25 has an income level as determined pursuant to section 815.9 3 26 greater than one hundred fifty percent of the poverty 3 27 guidelines, at least two hundred dollars of the advocate's 3 28 compensation shall be recovered in substantially the same 3 29 manner prescribed by the county board of supervisors as 3 30 provided in section 815.7. 3 31 Sec. 2. Section 331.321, subsection 1, paragraph p, Code 3 32 1999, is amended to read as follows: 3 33 p.One memberTwo members of the civil service commission 3 34 for deputy sheriffs in accordance with section 341A.2 or 3 35 341A.3, and the board may remove themembermembers in 4 1 accordance with those sections. 4 2 Sec. 3. Section 331.754, subsection 1, Code 1999, is 4 3 amended to read as follows: 4 4 1. In case of absence, sickness, or disability of the 4 5 county attorney and the assistant county attorneys, thecourt4 6before which it is the duty of the county attorney or the4 7assistant county attorneys to appear and in which there is4 8official business requiring the attention of the county4 9attorney or an assistant county attorney,board of supervisors 4 10 may appoint an attorney to act as county attorneyby an order4 11of the court.The board may appoint an acting county attorney4 12to provide legal assistance related to the official business4 13of any county officer or employee during the absence,4 14sickness, or disability of the county attorney and the4 15assistant county attorneys.The acting county attorney has 4 16 the same authority and is subject to the same responsibilities 4 17 as a county attorney. 4 18 Sec. 4. Section 341A.2, Code 1999, is amended to read as 4 19 follows: 4 20 341A.2 CIVIL SERVICE COMMISSION. 4 21 Subject to the alternate plan enumerated in section 341A.3, 4 22 there is created in each county a civil service commission 4 23 composed of three members.One memberTwo members shall be 4 24 appointed by the county board of supervisors, one member shall4 25be appointed by the presiding district court judge of each4 26county,and one member shall be appointed by the county 4 27 attorney of each county.Commission members shall be4 28appointed within sixty days after August 15, 1973.Appointees 4 29 to the commission shall be residents of the county for at 4 30 least two years immediately preceding appointment, and shall 4 31 be electors. Terms of office shall be six years, however, the 4 32 initial members of the commission shall be appointed as 4 33 follows: 4 34The memberOne of the members appointed by the board of 4 35 supervisors shall serve for a period of two years, thewhile 5 1 the other member shall serve for a period of six years and the 5 2 board shall specify the term of each member so appointed. The 5 3 member appointed by the county attorney shall serve for a 5 4 period of four years, and the member appointed by the district5 5court judge shall serve for a period of six years. 5 6 Any member of the commission may be removed by the 5 7 appointing authority for incompetence, dereliction of duty, 5 8 malfeasance in office, or for other good cause, however, no 5 9 member of the commission shall be removed until apprised in 5 10 writing of the nature of the charges against the member and a 5 11 hearing on such charges has been held before the board of 5 12 supervisors. In the event a vacancy occurs in the commission 5 13 for any reason other than expiration of the term, an 5 14 appointment to fill the vacancy for the unexpired term shall 5 15 be made in the same manner as the original appointment. 5 16 A majority vote of the membership of the commission shall 5 17 be sufficient to transact the business of the commission. Not 5 18 more than two commissioners shall be members of the same 5 19 political party. Commissioners shall hold no elective or 5 20 other appointive public office during their terms of 5 21 appointment to the commission. Commissioners shall serve 5 22 without compensation but shall be reimbursed for necessary 5 23 expense and mileage incurred in the actual performance of 5 24 their duties. 5 25 Sec. 5. Section 341A.3, Code 1999, is amended to read as 5 26 follows: 5 27 341A.3 COMBINED CIVIL SERVICE SYSTEM. 5 28 Any combination of counties in this state may, by 5 29 resolution of the boards of supervisors in each county, 5 30 establish a combined civil service system to serve such 5 31 counties. The specific terms of the agreement regarding the 5 32 operation of the combined civil service system, including the 5 33 appointment of qualified commissioners, and any other matters 5 34 pertinent to the operation of such system shall be contained 5 35 in the resolutions adopted by the respective boards of 6 1 supervisors of the participating counties. Counties 6 2 participating in a combined civil service system need not be 6 3 contiguous. 6 4 Appointment of commissioners in combined counties shall be 6 5 by joint meeting of the boards of supervisors, district court6 6judges,and county attorneys, respectively. Each group 6 7 meeting jointly shall appoint one commissioner whose term 6 8 shall be six years, except that initial terms shall be as 6 9 provided in section 341A.2. 6 10 Sec. 6. Section 450.24, Code 1999, is amended to read as 6 11 follows: 6 12 450.24 APPRAISERS. 6 13 In each county, thecourtchief judge of the judicial 6 14 district for that county shall, on or before January 15 of 6 15 each year, appoint three competent residents and freeholders 6 16 of the county to act as appraisers of the real property within 6 17 its jurisdiction which is charged or sought to be charged with 6 18 an inheritance tax. The appraisers shall serve for one year, 6 19 and until their successors are appointed and qualified. They 6 20 shall each take an oath to faithfully and impartially perform 6 21 the duties of the office, but shall not be required to give 6 22 bond. They shall be subject to removal at any time at the 6 23 discretion of thecourtchief judge of the judicial district 6 24 for that county. Thecourtchief judge may also init'sthe 6 25 chief judge's discretion, either before or after the 6 26 appointment of the regular appraisers, appoint other 6 27 appraisers to act in any given case. Vacancies occurring 6 28 otherwise than by expiration of term shall be filled by 6 29 appointment of thecourtchief judge of the judicial district 6 30 for that county. A person interested in any manner in the 6 31 estate to be appraised shall not serve as an appraiser of that 6 32 estate. 6 33 Sec. 7. Section 602.1401, subsection 1, Code 1999, is 6 34 amended to read as follows: 6 35 1. The supreme court shall establish, and may amend, a 7 1 personnel system and a pay and benefits plan for court 7 2 employees. The personnel system shall include a designation 7 3 by position title, classification, and function of each 7 4 position or class of positions within the judicial branch. 7 5 Reasonable efforts shall be made to accommodate the individual 7 6 staffing and management practices of the respective clerks of 7 7 the district court. The personnel system, in the employment 7 8 of court employees, shall not discriminate on the basis of 7 9 race, creed, color, sex, national origin, religion, physical 7 10 disability, or political party preference. The supreme court, 7 11 in establishing the personnel system, shall implement the 7 12 comparable worth directives issued by the state court 7 13 administrator under section 602.1204, subsection 2. The 7 14 personnel system shall include the prohibitions against sexual 7 15 harassment of full-time, part-time, and temporary employees 7 16 set out in section 19B.12, and shall include a grievance 7 17 procedure for discriminatory harassment. The personnel system 7 18 shall develop and distribute at the time of hiring or 7 19 orientation, a guide that describes for employees the 7 20 applicable sexual harassment prohibitions and grievance, 7 21 violation, and disposition procedures. This subsection does 7 22 not supersede the remedies provided under chapter 216. 7 23 Sec. 8. Section 602.1401, subsection 4, Code 1999, is 7 24 amended to read as follows: 7 25 4. The supreme court may establish reasonable classes of 7 26 employees and a pay and benefits plan for the classes of 7 27 employees as necessary to accomplish the purposes of the 7 28 personnel system. 7 29 Sec. 9. Section 602.1401, subsection 5, Code 1999, is 7 30 amended to read as follows: 7 31 5. The pay and benefits plan shall set the compensation 7 32 and benefits of court employees within the funds appropriated 7 33 by the general assembly. 7 34 Sec. 10. Section 602.1401, Code 1999, is amended by adding 7 35 the following new subsection: 8 1 NEW SUBSECTION. 6. The benefits plan established by the 8 2 supreme court may provide for benefits to court employees not 8 3 covered under a collective bargaining agreement entered into 8 4 pursuant to chapter 20, notwithstanding any contrary provision 8 5 of section 70A.1 or 70A.23, consistent with benefits provided 8 6 to court employees covered under a collective bargaining 8 7 agreement entered into with the state court administrator 8 8 pursuant to chapter 20. 8 9 Sec. 11. Section 602.6401, subsection 2, unnumbered 8 10 paragraph 1, Code 1999, is amended to read as follows: 8 11DuringBy February of eachodd-numberedyear in which 8 12 magistrates' terms expire, the state court administrator shall 8 13 apportion magistrate offices among the counties in accordance 8 14 with the following criteria: 8 15 Sec. 12. Section 602.6401, subsection 4, Code 1999, is 8 16 amended to read as follows: 8 17 4.DuringBy March of eachodd-numberedyear in which 8 18 magistrates' terms expire, the state court administrator shall 8 19 give notice to the clerks of the district court and to the 8 20 chief judges of the judicial districts of the number of 8 21 magistrates to which each county is entitled. 8 22 Sec. 13. Section 602.6603, subsection 3, Code 1999, is 8 23 amended to read as follows: 8 24 3. If adistrictchief judge of a judicial district 8 25 determines that it is necessary to employ an additional court 8 26 reporter because of an extraordinary volume of work, or 8 27 because of the temporary illness or incapacity of a regular 8 28 court reporter, thedistrictchief judge may appoint a 8 29 temporary court reporter who shall serve as required by the 8 30districtchief judge. 8 31 Sec. 14. Section 607A.10, Code 1999, is amended to read as 8 32 follows: 8 33 607A.10 APPOINTIVE COMMISSION – MASTER LIST. 8 34 In each county, thejudges of the district courtchief 8 35 judge of the judicial district in which the county is located 9 1 shall, on or before March 1 of each odd-numbered year, appoint 9 2 three competent electors as a jury commission to draw up the 9 3 master list for the two years beginning the following July 1. 9 4 The names for the master list shall be taken from the source 9 5 lists. If all of the source lists are not used to draw up the 9 6 master list, then the names drawn must be selected in a random 9 7 manner. 9 8 Sec. 15. Section 607A.12, Code 1999, is amended to read as 9 9 follows: 9 10 607A.12 MANNER OF APPOINTMENT. 9 11 The appointment shall be in writing signed bythree judges9 12 the chief judge of the judicial district and shall be filed 9 13 and made a matter of record in the office of the clerk of the 9 14 district court. 9 15 Sec. 16. Section 607A.14, Code 1999, is amended to read as 9 16 follows: 9 17 607A.14 VACANCY. 9 18 If a vacancy occurs in the appointive commission through 9 19 death, removal or inability of a member of the commission to 9 20 act, the chief judgeor judgesof the judicial district shall 9 21 appoint a person to act during the remainder of the unexpired 9 22 term. 9 23 Sec. 17. Section 607A.16, Code 1999, is amended to read as 9 24 follows: 9 25 607A.16 INSTRUCTIONS TO APPOINTIVE COMMISSION. 9 26 Thejudges of the district courtchief judge of the 9 27 judicial district shall give instructions to appointive jury 9 28 commissioners at the time of their appointment as to their 9 29 duties, and shall call their attention to sections 607A.1, 9 30 607A.2, 607A.4 and 607A.22. 9 31 Sec. 18. Section 633.20, Code Supplement 1999, is amended 9 32 to read as follows: 9 33 633.20 REFEREE – CLERK – ASSOCIATE PROBATE JUDGE. 9 34 1. Thecourtchief judge of the judicial district may 9 35 appoint a referee in probate for the auditing of the accounts 10 1 of fiduciaries and for the performance of other ministerial 10 2 duties thecourtchief judge prescribes. A person shall not 10 3 be appointed as referee in a matter where the person is acting 10 4 as a fiduciary or as the attorney. 10 5 2. Thecourtchief judge of the judicial district may 10 6 appoint the clerk as referee in probate. In such cases, the 10 7 fees received by the clerk for serving in the capacity of 10 8 referee are fees of the office of the clerk of court and shall 10 9 be deposited in the account established under section 10 10 602.8108. 10 11 3. A person appointed as an associate probate judge shall 10 12 have jurisdiction to audit accounts of fiduciaries and to 10 13 perform ministerial duties and judicial functions as the court 10 14 prescribes. 10 15 Sec. 19. Section 905.3, subsection 1, paragraph c, Code 10 16 1999, is amended to read as follows: 10 17 c. A number of members equal to the number of authorized 10 18 board members from project advisory committees or equal to the 10 19 number of citizen members shall be appointed by thejudges10 20 chief judge of the judicial district no later than January 15 10 21 of each year. 10 22 EXPLANATION 10 23 This bill makes changes relating to benefits applicable to 10 24 judicial branch employees and in the manner of making certain 10 25 quasi-judicial appointments. 10 26 Code section 229.19 is amended to provide that the county 10 27 board of supervisors, regardless of the size of the county, 10 28 shall appoint a mental health advocate for that county. Under 10 29 current law, the district court appoints the advocate if the 10 30 population of the county is less than 300,000 while the county 10 31 board appoints the advocate if the population is 300,000 or 10 32 greater. 10 33 Code section 331.754 is amended to provide that the county 10 34 board of supervisors, and not the district court, shall 10 35 appoint an acting county attorney, if necessary, if the county 11 1 attorney or any assistant county attorneys are unable through 11 2 sickness, absence, or disability to perform county attorney 11 3 duties. 11 4 Code sections 341A.2 and 341A.3 are amended to provide that 11 5 the county board of supervisors appoint two of the three 11 6 members to the civil service commission. The appointment of 11 7 the other member by the county attorney is not changed by this 11 8 bill. Under current law, the county board of supervisors 11 9 appoints one member and the presiding district court judge for 11 10 that court appoints one member of the three members appointed. 11 11 Code section 450.24 is amended to provide that the chief 11 12 judge of the judicial district, and not the court, shall 11 13 appoint inheritance tax appraisers for each county. 11 14 Code section 602.1401 is amended to provide that the 11 15 judicial branch can specifically establish a benefits plan for 11 16 its employees and that the plan can provide benefits to court 11 17 employees not covered by a collective bargaining agreement 11 18 similar to those provided to employees covered by such an 11 19 agreement, notwithstanding general Code provisions applicable 11 20 to other state employees for sick leave accrual and credit for 11 21 accrued sick leave. 11 22 Code section 602.6401 is amended to provide that the 11 23 requirement of the state court administrator to apportion 11 24 magistrate offices shall be done in the year in which 11 25 magistrate's terms end and not every odd-numbered year. 11 26 Code section 602.6603 is amended to provide that the chief 11 27 judge of a judicial district, and not a district judge, may 11 28 appoint a temporary court reporter. 11 29 The provisions of Code chapter 607A governing the 11 30 appointment of jury commissioners is changed to provide for 11 31 their appointment by the chief judge of the judicial district 11 32 and not the judges of the district court in that district. 11 33 Code section 633.20 is amended to provide that the chief 11 34 judge of the judicial district, and not the court, shall 11 35 appoint referees in probate. 12 1 Code section 905.3, concerning the board of directors of 12 2 each judicial district department of correctional services, is 12 3 amended to provide that the members from project advisory 12 4 committees shall be appointed by the chief judge of the 12 5 judicial district and not the judges of the judicial district. 12 6 LSB 5346DP 78 12 7 ec/cls/14
Text: SSB03187 Text: SSB03189 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 23 03:35:43 CST 2000
URL: /DOCS/GA/78GA/Legislation/SSB/03100/SSB03188/000222.html
jhf