Text: HSB00664 Text: HSB00666 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.12, unnumbered paragraph 1, Code 1 2 2001, is amended to read as follows: 1 3 When a vacancy occurs or will occur within one hundred 1 4 twenty days in the supreme court, the court of appeals, or 1 5 district court, the state commissioner of elections shall 1 6 forthwith so notify the chairperson of the proper judicial 1 7 nominating commission, unless the chief justice has ordered 1 8 the state commissioner of elections to delay sending the 1 9 notification. The chief justice may order the delay for up to 1 10 one hundred eighty days for budgetary reasons. The 1 11 chairperson shall call a meeting of the commission within ten 1 12 days after such notice; if the chairperson fails to do so, the 1 13 chief justice shall call such meeting. 1 14 Sec. 2. Section 46.14, Code 2001, is amended to read as 1 15 follows: 1 16 46.14 NOMINATION. 1 17 1. Each judicial nominating commission shall carefully 1 18 consider the individuals available for judge, and within sixty 1 19 days after receiving notice of a vacancy shall certify to the 1 20 governor and the chief justice the proper number of nominees, 1 21 in alphabetical order. Such nominees shall be chosen by the 1 22 affirmative vote of a majority of the full statutory number of 1 23 commissioners upon the basis of their qualifications and 1 24 without regard to political affiliation. Nominees shall be 1 25 members of the bar of Iowa, shall be residents of the state or 1 26 district of the court to which they are nominated, and shall 1 27 be of such age that they will be able to serve an initial and 1 28 one regular term of office to which they are nominated before 1 29 reaching the age of seventy-two years. Nominees for district 1 30 judge shall file a certified application form, to be provided 1 31 by the supreme court, with the chairperson of the district 1 32 judicial nominating commission.No person shall be eligible1 33for nomination by a commission as judge during the term for1 34which the person was elected or appointed to that commission.1 35 Absence of a commissioner or vacancy upon the commission shall 2 1 not invalidate a nomination. The chairperson of the 2 2 commission shall promptly certify the names of the nominees, 2 3 in alphabetical order, to the governor and the chief justice. 2 4 2. A commissioner shall not be eligible for nomination by 2 5 the commission during the term for which the commissioner was 2 6 elected or appointed to that commission. A commissioner shall 2 7 not be eligible to vote for the nomination of a family member, 2 8 law partner, or current or former business partner. For 2 9 purposes of this subsection, "family member" means a spouse, 2 10 son, daughter, brother, sister, uncle, aunt, first cousin, 2 11 nephew, niece, father-in-law, mother-in-law, son-in-law, 2 12 daughter-in-law, brother-in-law, sister-in-law, father, 2 13 mother, stepfather, stepmother, stepson, stepdaughter, 2 14 stepbrother, stepsister, half brother, or half sister. 2 15 Sec. 3. Section 125.91, subsection 2, unnumbered paragraph 2 16 1, Code 2001, is amended to read as follows: 2 17 A peace officer who has reasonable grounds to believe that 2 18 the circumstances described in subsection 1 are applicable, 2 19 may, without a warrant, take or cause that person to be taken 2 20 to the nearest available facility referred to in section 2 21 125.81, subsection 2 or 3. Such an intoxicated or 2 22 incapacitated person may also be delivered to a facility by 2 23 someone other than a peace officer upon a showing of 2 24 reasonable grounds. Upon delivery of the person to a facility 2 25 under this section, the chief medical officer may order 2 26 treatment of the person, but only to the extent necessary to 2 27 preserve the person's life or to appropriately control the 2 28 person's behavior if the behavior is likely to result in 2 29 physical injury to the person or others if allowed to 2 30 continue. The peace officer or other person who delivered the 2 31 person to the facility shall describe the circumstances of the 2 32 matter to the administrator. If the administrator in 2 33 consultation with the chief medical officer has reasonable 2 34 grounds to believe that the circumstances in subsection 1 are 2 35 applicable, the administrator shall at once communicate with 3 1 the nearest available magistrate as defined in section 801.4, 3 2 subsection 10. The magistrateshall immediately proceed to3 3the facility where the person is detained, except that if the3 4administrator's communication with the magistrate occurs3 5between the hours of midnight and seven a.m. and the3 6magistrate deems it appropriate under the circumstances3 7described by the administrator, the magistrate may delay going3 8to the facility, and in that case,shall give the 3 9 administrator verbal instructions either directing that the 3 10 person be released forthwith, or authorizing the person's 3 11 continued detention at the facility. In the latter case, the 3 12 magistrate shall: 3 13 Sec. 4. Section 125.91, subsection 2, paragraphs a and b, 3 14 Code 2001, are amended by striking the paragraphs and 3 15 inserting in lieu thereof the following: 3 16 a. By the close of business on the next working day, file 3 17 with the clerk a written report stating the substance of the 3 18 communication with the administrator on the basis of which the 3 19 person's continued detention was ordered. 3 20 b. Review the validity of the detention in person or by 3 21 telephone by the end of the next working day, or within 3 22 twenty-fours hours, whichever is sooner. The review shall 3 23 include an examination of the medical records of the person 3 24 made available to the magistrate in person or by facsimile. 3 25 Sec. 5. Section 125.91, subsection 2, is amended by adding 3 26 the following new paragraph: 3 27 NEW PARAGRAPH. c. Ensure that the person is provided 3 28 legal counsel at the earliest practicable time in the manner 3 29 prescribed in section 125.78. The magistrate shall arrange 3 30 for counsel to be present and counsel shall be afforded an 3 31 opportunity, if possible, to visit the person before the order 3 32 is issued. 3 33 Sec. 6. Section 125.91, subsection 3, Code 2001, is 3 34 amended to read as follows: 3 35 3.Upon arrival at the facility, the magistrate shall at4 1once review the validity of the detention. Unless convinced4 2upon initial inquiry that there are no grounds for further4 3detention of the person, the magistrate shall ensure that the4 4person has or is provided legal counsel at the earliest4 5practical time in the manner prescribed by section 125.78,4 6subsection 1, and shall arrange for the counsel to be present,4 7if practical, before proceeding further under this subsection.4 8The magistrate shall immediately notify counsel of the4 9respondent's emergency detention. Counsel shall be afforded4 10an opportunity to visit the respondent and to make appropriate4 11preparations before or after the magistrate's order is issued.4 12 If, after review in person or by telephone, the magistrate 4 13 finds,upon review ofbased on the information presented by 4 14 the administrator under subsection 2 andofon other 4 15 information or evidence the magistrate deems relevant, that 4 16 there is probable cause to believe that the circumstances 4 17 described in subsection 1 are applicable, the magistrate shall 4 18 enter a written order detaining the person at the facility, 4 19 or, if the facility where the person is at the time is not an 4 20 appropriate facility, detaining and transporting the person to 4 21 an appropriate facility. The magistrate's order shall state 4 22 the circumstances under which the person was detained or 4 23 otherwise delivered to a facility, and the grounds supporting 4 24 the finding of probable cause to believe that person is a 4 25 chronic substance abuser likely to physically injure the 4 26 person or others if not detained. The order shall be filed 4 27 with the clerk in the county where it is anticipated that an 4 28 application will be filed under section 125.75, and a 4 29 certified copy of the order shall be delivered to the 4 30 administrator of the facility where the person is detained, at 4 31 the earliest practical time. 4 32 Sec. 7. Section 229.6A, subsection 1, Code Supplement 4 33 2001, is amended to read as follows: 4 34 1. Notwithstanding section 229.11, the juvenile court has 4 35exclusiveoriginal jurisdiction in proceedings concerning a 5 1 minor for whom an application for involuntary admission is 5 2 filed under section 229.6 or for whom an application for 5 3 voluntary admission is made under section 229.2, subsection 1, 5 4 to which the minor objects. In proceedings under this chapter 5 5 concerning a minor,notwithstanding section 229.11,the term 5 6 "court", "judge", or "clerk" means the juvenile court, judge, 5 7 or clerk, except that the term "court" or "judge" may also 5 8 mean "magistrate". 5 9 Sec. 8. Section 229.21, subsection 5, Code Supplement 5 10 2001, is amended to read as follows: 5 11 5. The hospitalization or commitment hearing before the 5 12 district judge shall be held,andthe judge's finding shall be 5 13 made within fourteen days of the hearing on appeal, and an 5 14 appropriate order entered, as prescribed by sections 229.12 5 15 and 229.13 or sections 125.82 and 125.83. If the judge orders 5 16 the appellant hospitalized or committed for a complete 5 17 psychiatric or substance abuse evaluation, jurisdiction of the 5 18 matter shall revert to the judicial hospitalization referee. 5 19 Sec. 9. Section 229.22, subsection 2, paragraph a, Code 5 20 2001, is amended to read as follows: 5 21 a. By the close of business on the next working day, file 5 22 with the clerk a written report stating the substance of the 5 23 information on the basis of which the person's continued 5 24 detention was ordered; and. 5 25 Sec. 10. Section 229.22, subsection 2, paragraph b, Code 5 26 2001, is amended by striking the paragraph and inserting in 5 27 lieu thereof the following: 5 28 b. Review the validity of the detention in person or by 5 29 telephone by the end of the next working day, or within 5 30 twenty-four hours, whichever is sooner. The review shall 5 31 include an examination of the medical records of the person 5 32 made available to the magistrate in person or by facsimile. 5 33 Sec. 11. Section 229.22, subsection 2, is amended by 5 34 adding the following new paragraph: 5 35 NEW PARAGRAPH. c. Ensure that the person is provided 6 1 legal counsel at the earliest practicable time in the manner 6 2 prescribed in section 229.8. The magistrate shall arrange for 6 3 counsel to be present and counsel shall be afforded an 6 4 opportunity, if possible, to visit the person before the order 6 5 is issued. 6 6 Sec. 12. Section 229.22, subsection 3, Code 2001, is 6 7 amended to read as follows: 6 8 3.Upon arrival at the hospital, the magistrate shall at6 9once review the matter. Unless convinced upon initial inquiry6 10that there are no grounds for further detention of the person,6 11the magistrate shall in the manner prescribed by section6 12229.8, subsection 1 insure that the person has or is provided6 13legal counsel at the earliest practicable time, and shall6 14arrange for the counsel to be present, if practicable, before6 15proceeding further under this section.If, after the review 6 16 in person or by telephone, the magistrate findsupon review of6 17 based on the report prepared by the chief medical officer 6 18 under subsection 2of this section, andofon such other 6 19 information or evidence as the magistrate deems pertinent, 6 20 that there is probable cause to believe that the person is 6 21 seriously mentally impaired and because of that impairment is 6 22 likely to physically injure the person's self or others if not 6 23 detained, the magistrate shall enter a written order for the 6 24 person to be detained in custody and, if the facility where 6 25 the person is at that time is not an appropriate hospital, 6 26 transported to an appropriate hospital. The magistrate's 6 27 order shall state the circumstances under which the person was 6 28 taken into custody or otherwise brought to a hospital and the 6 29 grounds supporting the finding of probable cause to believe 6 30 that the person is seriously mentally impaired and likely to 6 31 physically injure the person's self or others if not 6 32 immediately detained. The order shall be filed with the clerk 6 33 of the district court in the county where it is anticipated 6 34 that an application will be filed under section 229.6, and a 6 35 certified copy of the order shall be delivered to the chief 7 1 medical officer of the hospital where the person is detained, 7 2 at the earliest practicable time. 7 3 Sec. 13. Section 232.35, subsection 1, Code 2001, is 7 4 amended to read as follows: 7 5 1. A formal judicial proceeding to determine whether a 7 6 child has committed a delinquent act shall be initiated by the 7 7 filing by the county attorney of a petition alleging that a 7 8 child has committed a delinquent act. After a petition has 7 9 been filed, service of a summons requiring the child to appear 7 10 before the court or service of a notice shall be as provided 7 11 in section 232.37. 7 12 Sec. 14. Section 232.37, subsection 4, Code 2001, is 7 13 amended to read as follows: 7 14 4. Service of summons or notice shall be made personally 7 15 by the sheriff bythe delivery ofdelivering a copy of the 7 16 summons or notice to the person being served. If the court 7 17 determines that personal service of a summons or notice is 7 18 impracticable, the court may order service by certified mail 7 19 addressed to the last known address. Service of summons or 7 20 notice shall be made not less than five days before the time 7 21 fixed for hearing. Service of summons, notice, subpoenas or 7 22 other process, after an initial valid summons or notice, shall 7 23 be made in accordance with the rules of the court governing 7 24 such service in civil actions. 7 25 Sec. 15. Section 232.183, subsection 7, Code Supplement 7 26 2001, is amended by striking the subsection. 7 27 Sec. 16. Section 236.3, unnumbered paragraph 2, Code 7 28 Supplement 2001, is amended to read as follows: 7 29 The filing fee and court costs for an order for protection 7 30 and in a contempt action under this chapter shall be waived 7 31 for the plaintiff. The clerk of court, the sheriff of any 7 32 county in this state, and other law enforcement and 7 33 corrections officers shall perform their duties relating to 7 34 service of process without charge to the petitioner. When an 7 35 order for protection is entered by the court, the court may 8 1 direct the defendant to pay to the clerk of court the 8 2 plaintiff's filing fees and reasonable costs of service of 8 3 process if the court determines the defendant has the ability 8 4 to pay the plaintiff's fees and costs. 8 5 Sec. 17. Section 237.20, unnumbered paragraph 1, Code 8 6 2001, is amended to read as follows: 8 7 A local board shall, except in delinquency cases, do the 8 8 following: 8 9 Sec. 18. Section 255.1, unnumbered paragraph 1, Code 8 10 Supplement 2001, is amended to read as follows: 8 11 Any adult resident of the state may file a complaint in the 8 12 office of theclerk of any juvenile court,county general 8 13 assistance director charging that any legal resident of Iowa 8 14 residing in the county where the complaint is filed is 8 15 pregnant or is suffering from some malady or deformity that 8 16 can probably be improved or cured or advantageously treated by 8 17 medical or surgical treatment or hospital care, and that 8 18 neither such person nor persons legally chargeable with the 8 19 person's support are able to pay therefor. 8 20 Sec. 19. Section 255.4, Code 2001, is amended to read as 8 21 follows: 8 22 255.4 EXAMINATION BY PHYSICIAN. 8 23 Upon the filing of such complaint, theclerk shall number8 24and index the same andcounty general assistance director 8 25 shall appoint a competent physician and surgeon, living in the 8 26 vicinity of the patient, who shall personally examine the 8 27 patient with respect to said pregnancy, malady, or deformity. 8 28 Theclerkdirector may, after the expiration of five years 8 29 from the filing of a complaint, destroyitthe complaint and 8 30 all papers or records in connectiontherewithwith the 8 31 complaint. 8 32 Sec. 20. Section 255.5, Code 2001, is amended to read as 8 33 follows: 8 34 255.5 REPORT BY PHYSICIAN. 8 35 Such physician shall make a report in duplicate on blanks 9 1 furnished ashereinafterprovided in this chapter, answering 9 2 the questions containedthereinin the blanks and setting 9 3 forth the information requiredthereby, giving such history of 9 4 the case as will be likely to aid the medical or surgical 9 5 treatment or hospital care of such patient, describing the 9 6 pregnancy, deformity, or malady in detail, and stating whether 9 7 or not in the physician's opinion the same can probably be 9 8 improved or cured or advantageously treated, which report 9 9 shall be filed in the office of theclerk within such time as9 10the clerk may fixcounty general assistance director. 9 11 Sec. 21. Section 255.6, Code 2001, is amended to read as 9 12 follows: 9 13 255.6 INVESTIGATION AND REPORT. 9 14 When a complaint is filed, the clerk of juvenile courtin 9 15 the office of the county general assistance director, the 9 16 director shall furnish the county attorney and board of 9 17 supervisors with a copy and the board shall, by the general 9 18 assistance director or other agent it selects, make a thorough 9 19 investigation of facts as to the legal residence of the 9 20 patient, and the ability of the patient or others chargeable 9 21 with the patient's support to pay the expense of treatment and 9 22 care; and shall file a report of the investigationinwith the 9 23office of the clerkboard of supervisors, at or before the 9 24 time of hearing. 9 25 Sec. 22. Section 255.8, Code 2001, is amended to read as 9 26 follows: 9 27 255.8HEARING – ORDER – EMERGENCY CASES – CANCELLATION9 28OF COMMITMENTSDETERMINATION BY BOARD OF SUPERVISORS. 9 29The county attorney and the general assistance director, or9 30other agent of the board of supervisors of the county, shall9 31appear at the hearing. The complainant, the county attorney,9 32the general assistance director or other agent of the board of9 33supervisors, and the patient, or any person representing the9 34patient, may introduce evidence and be heard.If thecourt9 35 board of supervisors finds that the patient is a legal 10 1 resident of Iowa and is pregnant or is suffering from a malady 10 2 or deformity which can probably be improved or cured or 10 3 advantageously treated by medical or surgical treatment or 10 4 hospital care, and that neither the patient nor any person 10 5 legally chargeable with the patient's support is able to pay 10 6 the expenses,thentheclerk of courtcounty general 10 7 assistance director, except in obstetrical cases and 10 8 orthopedic cases, shall immediately ascertain from the 10 9 admitting physician at the university hospital whether the 10 10 person can be received as a patient within a period of thirty 10 11 days, and if the patient can be received, thecourt, or in the10 12event of no actual contest, the clerk of the court,board 10 13 shallenter an order directingdirect that the patient be sent 10 14 to the university hospital for proper medical and surgical 10 15 treatment and hospital care. If thecourt ascertainboard 10 16 ascertains, except in obstetrical cases and orthopedic cases, 10 17 that a person of the age or sex of the patient, or afflicted 10 18 by the complaint, disease, or deformity with which the person 10 19 is afflicted, cannot be received as a patient at the 10 20 university hospital within the period of thirty days,then the10 21court or the clerk shall enter an order directingthe board of 10 22 supervisorsofshall direct the county to provide adequate 10 23 treatment at county expense for the patient at home or in a 10 24 hospital. Obstetrical cases and orthopedic cases may be 10 25 committed to the university hospital without regard to the 10 26 limiting period of thirty days. 10 27 In any case of emergency thecourt or the clerkboard of 10 28 supervisors without previous inquiry may at its discretion 10 29 order the patient to be immediately taken to and accepted by 10 30 the university hospital for the necessary care as provided in 10 31 section 255.11, but if such a patient cannot be immediately 10 32 accepted at the university hospital as ascertained by 10 33 telephone if necessary,the court or the clerk may enter an10 34order as in certain cases above set forth directingthe board 10 35 of supervisors shall direct the county to provide adequate 11 1 treatment at county expense for thesaidpatient at home or in 11 2 a hospital. 11 3 Sec. 23. Section 255.13, Code 2001, is amended to read as 11 4 follows: 11 5 255.13 ATTENDANT – PHYSICIAN – COMPENSATION. 11 6 If the physician appointed to examine the patient shall 11 7 certify that an attendant to accompany the patient to thesaid11 8 hospital is necessary, and the university hospital attendant 11 9 and ambulance service is not available,then the court or11 10judge or clerk of the courtthe county assistance director may 11 11 appoint an attendant who shall receive not exceeding two 11 12 dollars per day for the time thus necessarily employed and 11 13 actual necessary traveling expenses by the most feasible route 11 14 tosaidthe hospital whether by ambulance, train or 11 15 automobile; but if such appointee is a relative of the patient 11 16 or a member of the patient's immediate family, or receives a 11 17 salary or other compensation from the public for the 11 18 appointee's services, no such per diem compensation shall be 11 19 paid. The physician appointedby the court or clerkto make 11 20 the examination and report shall receivethereforthree 11 21 dollars for each examination and report so made and the 11 22 physician's actual necessary expenses incurred in making such 11 23 examination, but ifsaidthe physician receives a salary or 11 24 other compensation from the public for the physician's full- 11 25 time services,thenno such examination fee shall be paid. 11 26 The actual, necessary expenses of transporting and caring for 11 27 the patient shall be paid ashereinafterprovided in this 11 28 chapter. 11 29 Sec. 24. Section 255.14, Code 2001, is amended to read as 11 30 follows: 11 31 255.14 PAYMENT OF EXPENSES– HOW PAID. 11 32 An itemized, verified statement of all charges provided for 11 33 in sections 255.8 and 255.13, in cases where the patient is 11 34 admitted or accepted for treatment at the university hospital 11 35 shall be filed with the superintendent of the university 12 1 hospital, and upon the superintendent's recommendation when 12 2 approved by thejudge or clerk of the court under whose order12 3the same were incurredboard of supervisors, they shall be 12 4 charged on the regular bill for the maintenance, 12 5 transportation and treatment of the patient, and be audited 12 6 and paid in the manner ashereinafterprovided in this 12 7 chapter. 12 8 Sec. 25. Section 321.20B, subsection 4, paragraph b, 12 9 subparagraph (1), unnumbered paragraph 1, Code Supplement 12 10 2001, is amended to read as follows: 12 11 An owner or driver who produces to theclerk of court12 12 county attorney, within thirty days of the issuance of the 12 13 citation under paragraph "a", or prior to the date of the 12 14 individual's court appearance as indicated on the citation, 12 15 whichever is earlier, proof that financial liability coverage 12 16 was in effect for the motor vehicle at the time the person was 12 17 stopped and cited, or, if the driver is not the owner of the 12 18 motor vehicle, proof that liability coverage was in effect for 12 19 the driver with respect to the motor vehicle being driven at 12 20 the time the driver was stopped and cited, in the same manner 12 21 as if the motor vehicle were owned by the driver, shall be 12 22 given a receipt indicating that such proof was provided and be 12 23 subject to one of the following: 12 24 Sec. 26. Section 321.20B, subsection 4, paragraph b, 12 25 subparagraph (1), subparagraph subdivision (b), Code 12 26 Supplement 2001, is amended to read as follows: 12 27 (b) If the person was cited pursuant to paragraph "a", 12 28 subparagraph (4), the owner or driver, after the owner 12 29 provides proof of financial liability coverage to theclerk of12 30courtcounty attorney, may claim the motor vehicle after such 12 31 person pays any applicable fine and the costs of towing and 12 32 storage for the motor vehicle, and the owner or driver 12 33 provides a copy of the receipt and the owner pays to the 12 34 county treasurer of the county in which the motor vehicle is 12 35 registered a fifteen dollar administrative fee, and the county 13 1 treasurer shall issue new license plates and registration to 13 2 the person. 13 3 Sec. 27. Section 321.20B, subsection 4, paragraph c, Code 13 4 Supplement 2001, is amended to read as follows: 13 5 c. An owner or driver cited for a violation of subsection 13 6 1, who produces to theclerk of courtcounty attorney within 13 7 thirty days of the issuance of the citation proof that 13 8 financial liability coverage was in effect for the motor 13 9 vehicle at the time the person was stopped and cited, shall 13 10 not be convicted of such violation and the citation issued 13 11 shall be dismissed. 13 12 Sec. 28. Section 321.20B, subsection 5, paragraph b, Code 13 13 Supplement 2001, is amended to read as follows: 13 14 b. Issue a citation. An owner or driver who produces to 13 15 theclerk of courtcounty attorney within thirty days of the 13 16 issuance of the citation, or prior to the date of the 13 17 individual's court appearance as indicated on the citation, 13 18 whichever is earlier, proof that the financial liability 13 19 coverage was in effect for the motor vehicle at the time the 13 20 person was stopped and cited, or if the driver is not the 13 21 owner of the motor vehicle, proof that liability coverage was 13 22 in effect for the driver with respect to the motor vehicle 13 23 being driven at the time the driver was stopped and cited in 13 24 the same manner as if the motor vehicle were owned by the 13 25 driver, shall be given a receipt indicating that proof was 13 26 provided, and the citation issued shall be dismissed. 13 27 Sec. 29. Section 321.484, unnumbered paragraph 2, Code 13 28 2001, is amended to read as follows: 13 29 The owner of a vehicle shall not be held responsible for a 13 30 violation of a provision regulating the stopping, standing, or 13 31 parking of a vehicle, whether the provision is contained in 13 32 this chapter, or chapter 321L, or an ordinance or other 13 33 regulation or rule, if the owner establishes that at the time 13 34 of the violation the vehicle was in the custody of an 13 35 identified person other than the owner pursuant to a lease as 14 1 defined in chapter 321F or pursuant to a rental agreement as 14 2 defined in section 516D.3. The furnishing to theclerk of the14 3district courtcounty attorney where the charge is pending of 14 4 a copy of the lease prescribed by section 321F.6 or rental 14 5 agreement that was in effect for the vehicle at the time of 14 6 the alleged violation shall be prima facie evidence that the 14 7 vehicle was in the custody of an identified person other than 14 8 the owner within the meaning of this paragraph, and the charge 14 9 against the owner shall be dismissed. Theclerk of the14 10district courtcounty attorney then shall cause a uniform 14 11 citation and complaint to be issued against the lessee or 14 12 renter of the vehicle, and the citation shall be served upon 14 13 the defendant by ordinary mail directed to the defendant at 14 14 the address shown in the lease or rental agreement. 14 15 Sec. 30. Section 331.653, Code Supplement 2001, is amended 14 16 by adding the following new subsection: 14 17 NEW SUBSECTION. 24A. Carry out duties related to service 14 18 of a summons, notice, or subpoena pursuant to sections 232.35, 14 19 232.37, and 232.88. 14 20 Sec. 31. Section 331.653, Code Supplement 2001, is amended 14 21 by adding the following new subsection: 14 22 NEW SUBSECTION. 33A. Receive and dispose of property or 14 23 money found on a deceased person pursuant to section 331.804. 14 24 Sec. 32. Section 331.804, subsection 2, Code 2001, is 14 25 amended to read as follows: 14 26 2. If no one is entitled by law to the property or money 14 27 found on a deceased person, the property shall be deposited 14 28 with theclerk of the district court whocounty sheriff who 14 29 shall dispose of it as provided by law. 14 30 Sec. 33. Section 598.21, Code Supplement 2001, is amended 14 31 by adding the following new subsection: 14 32 NEW SUBSECTION. 10A. If the court modifies an order, and 14 33 the original decree was entered in another county in Iowa, the 14 34 clerk of court shall send a copy of the modification by 14 35 regular mail to the clerk where the original decree was 15 1 entered. The costs of mailing the modification shall be taxed 15 2 as court costs. 15 3 Sec. 34. Section 602.1215, subsection 1, Code 2001, is 15 4 amended to read as follows: 15 5 1.The district judges of each judicial election district15 6shall by majority vote appoint persons to serve as clerks of15 7the district court, one for each county within the judicial15 8election district. A person does not qualify for appointment15 9to the office of clerk of the district court unless the person15 10is at the time of application a resident of the state.The 15 11 chief judge of the district court shall appoint the clerks of 15 12 district court, and may remove a clerk of the district court 15 13 for cause. Within three months of appointmentthea clerk of 15 14 the district court must establish residence and physically 15 15 reside in thecountystate.A clerk of the district court may15 16be removed from office for cause by a majority vote of the15 17district judges of the judicial election district. Before15 18removal, the clerk of the district court shall be notified of15 19the cause for removal.15 20 Sec. 35. Section 602.1217, subsection 1, Code 2001, is 15 21 amended to read as follows: 15 22 1. Thedistrict judges within a judicial district, by15 23majority vote,chief judge of the judicial district shall 15 24 appoint a chief juvenile court officer and may remove the 15 25 officer for cause. 15 26 Sec. 36. Section 602.1501, subsection 4, Code 2001, is 15 27 amended to read as follows: 15 28 4. District associate judges shall receive the salary set 15 29 by the general assembly.However, an alternate district15 30associate judge whose appointment is authorized under section15 31602.6303 shall receive a salary for each day of actual duty15 32equal to a district associate judge's daily salary.15 33 Sec. 37. Section 602.1604, Code 2001, is amended to read 15 34 as follows: 15 35 602.1604 JUDGES SHALL NOT PRACTICE LAW. 16 1 While holding office, a supreme court justice, court of 16 2 appeals judge, district judge, or district associate judge 16 3 shall not practice as an attorney or counselor or give advice 16 4 in relation to any action pending or about to be brought in 16 5 any of the courts of the state.A person whose appointment as16 6an alternate district associate judge is authorized under16 7section 602.6303 may practice law except when actually serving16 8as a district associate judge.16 9 Sec. 38. Section 602.1611, subsection 2, Code 2001, is 16 10 amended by striking the subsection. 16 11 Sec. 39. Section 602.6111, subsection 1, Code 2001, is 16 12 amended to read as follows: 16 13 1. Each petition or complaint, answer, appearance, first 16 14 motion, or any document filed with the clerk of the district 16 15 court which brings new parties into an action shall bear a 16 16 personal identification number. The personal identification 16 17 number shall be the employer identification number of the 16 18 party or if thesocial security number of each separateparty 16 19 does not have an employer identification number, the personal 16 20 identification number shall be a nine-digit number assigned by 16 21 the clerk. The clerk shall also assign a personal 16 22 identification number to attorneys making such filings on 16 23 behalf of a client in court. In addition, each party that has 16 24 a social security number shall provide the clerk with the 16 25 number and the party's date of birth. The social security 16 26 number shall be provided on a confidential form and shall be 16 27 kept confidential in accordance with rules prescribed by the 16 28 supreme court.If an individual party's driver's license16 29lists a distinguishing number other than the party's social16 30security number, the document filed with the clerk of the16 31district court shall also contain the distinguishing number16 32from the party's driver's license.16 33 Sec. 40. Section 602.6301, Code 2001, is amended to read 16 34 as follows: 16 35 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 17 1 JUDGES. 17 2 There shall be one district associate judge in counties 17 3 having a population of more than thirty-five thousand and less 17 4 than eighty thousand; two in counties having a population of 17 5 eighty thousand or more and less than one hundred twenty-five 17 6 thousand; three in counties having a population of one hundred 17 7 twenty-five thousand or more and less than two hundred 17 8 thousand; four in counties having a population of two hundred 17 9 thousand or more and less than two hundred thirty-five 17 10 thousand; five in counties having a population of two hundred 17 11 thirty-five thousand or more and less than two hundred seventy 17 12 thousand; six in counties having a population of two hundred 17 13 seventy thousand or more and less than three hundred five 17 14 thousand; and seven in counties having a population of three 17 15 hundred five thousand or more. However, a county shall not 17 16 lose a district associate judgeship solely because of a 17 17 reduction in the county's population. If the formula provided 17 18 in this section results in the allocation of an additional 17 19 district associate judgeship to a county, implementation of 17 20 the allocation shall be subject to prior approval of the 17 21 supreme court and availability of funds to the judicial 17 22 branch. A district associate judge appointed pursuant to 17 23 section 602.6302or 602.6303shall not be counted for purposes 17 24 of this section. 17 25 Sec. 41. Section 602.6304, subsection 1, Code 2001, is 17 26 amended to read as follows: 17 27 1. The district associate judges authorized by sections 17 28 602.6301,and 602.6302, and 602.6303shall be appointed by the 17 29 district judges of the judicial election district from persons 17 30 nominated by the county magistrate appointing commission. In 17 31 the case of a district associate judge to be appointed to more 17 32 than one county, the appointment shall be from persons 17 33 nominated by the county magistrate appointing commissions 17 34 acting jointly and in the case of a district associate judge 17 35 to be appointed to more than one judicial election district of 18 1 the same judicial district, the appointment shall be by a 18 2 majority of the district judges in each judicial election 18 3 district. 18 4 Sec. 42. Section 602.6304, subsection 5, Code 2001, is 18 5 amended to read as follows: 18 6 5. A district associate judge who seeks to resign from the 18 7 office of district associate judge shall notify in writing the 18 8 chief judge of the judicial district as to the district 18 9 associate judge's intention to resign and the effective date 18 10 of the resignation. The chief judge of the judicial district, 18 11 upon receipt of the notice, shall notify the county magistrate 18 12 appointing commission and the state court administrator of the 18 13 actual or impending vacancy in the office of district 18 14 associate judge due to resignation, unless the chief justice 18 15 has ordered the chief judge to delay sending the notice of a 18 16 vacancy in the office of district associate judge. The chief 18 17 justice may order the delay for up to one hundred eighty days 18 18 for budgetary reasons. 18 19 Sec. 43. Section 602.6403, subsection 9, Code 2001, is 18 20 amended to read as follows: 18 21 9. A magistrate who seeks to resign from the office of 18 22 magistrate shall notify in writing the chief judge of the 18 23 judicial district as to the magistrate's intention to resign 18 24 and the effective date of the resignation. The chief judge of 18 25 the judicial district, upon receipt of the notice, shall 18 26 notify the county magistrate appointing commission and the 18 27 state court administrator of the vacancy in the office of 18 28 magistrate due to resignation, unless the chief justice has 18 29 ordered the chief judge to delay sending the notice of a 18 30 vacancy in the office of magistrate. The chief justice may 18 31 order the delay for up to one hundred eighty days for 18 32 budgetary reasons. 18 33 Sec. 44. Section 602.6405, subsection 1, Code 2001, is 18 34 amended to read as follows: 18 35 1. Magistrates have jurisdiction of simple misdemeanors, 19 1 including traffic and ordinance violations, and preliminary 19 2 hearings, search warrant proceedings, county and municipal 19 3 infractions, and small claims. Magistrates have jurisdiction 19 4 to determine the disposition of livestock or another animal, 19 5 as provided in sections 717.5 and 717B.4, if the magistrate 19 6 determines the value of the livestock or animal is less than 19 7 ten thousand dollars. Magistrates have jurisdiction to 19 8 exercise the powers specified in sections 556F.2 and 556F.12, 19 9 and to hear complaints or preliminary informations, issue 19 10 warrants, order arrests, make commitments, and take bail. 19 11 Magistrates have jurisdiction over violations of section 19 12 123.49, subsection 2, paragraph "h". Magistrateswho are19 13admitted to the practice of law in this statehave 19 14 jurisdiction over all proceedings for the involuntary 19 15 commitment, treatment, or hospitalization of individuals under 19 16 chapters 125 and 229,except as otherwise provided under19 17section 229.6A; nonlawyer magistrates have jurisdictionand 19 18 over emergencydetention and hospitalization proceedings under19 19sections 125.91 and 229.22proceedings under chapter 236. 19 20 Magistrates have jurisdiction to conduct hearings authorized 19 21 under section 809.4. 19 22 Sec. 45. Section 602.8102, subsection 11, Code Supplement 19 23 2001, is amended to read as follows: 19 24 11. Refund amounts less thanone dollarthree dollars only 19 25 upon written application. 19 26 Sec. 46. Section 602.8106, subsection 1, paragraphs b, c, 19 27 d, and e, Code 2001, are amended to read as follows: 19 28 b. For filing and docketing of a complaint or information 19 29 for a simple misdemeanor and a complaint or information for a 19 30 nonscheduled simple misdemeanor under chapter 321,twenty-five19 31 twenty dollars. 19 32 c. For filing and docketing a complaint or information or 19 33 uniform citation and complaint for parking violations under 19 34 sections 321.236, 321.239, 321.358, 321.360, and 321.361,one19 35dollareight dollars, effective January 1,19912003. The 20 1 court costs in cases of parking meter and overtime parking 20 2 violations which are denied, and charged and collected 20 3 pursuant to section 321.236, subsection 1, or pursuant to a 20 4 uniform citation and complaint, are eight dollars per 20 5 information or complaint or per uniform citation and complaint 20 6 effective January 1, 1991. 20 7 d. The court costs in scheduled violation cases where a 20 8 court appearance is required,are twenty-fivetwenty dollars. 20 9 e. For court costs in scheduled violation cases where a 20 10 court appearance is not required,fifteentwenty dollars. 20 11 Sec. 47. Section 602.8108, subsection 5, Code Supplement 20 12 2001, is amended to read as follows: 20 13 5. A court technology and modernization fund is 20 14 established as a separate fund in the state treasury. The 20 15 state court administrator shall allocate one million dollars 20 16 of the moneys received under subsection 2 to be deposited in 20 17 the fund, which shall be administered by the supreme court and 20 18 shall be usedas follows:20 19a. Eighty percent shall be usedto enhance the ability of 20 20 the judicial branch to process cases more quickly and 20 21 efficiently, to electronically transmit information to state 20 22 government, local governments, law enforcement agencies, and 20 23 the public, and to improve public access to the court system. 20 24Moneys in this paragraph shall not be used for the Iowa court20 25information system.20 26b. Twenty percent shall be used in equal amounts to20 27facilitate alternative dispute resolution and methods to20 28resolve domestic abuse cases, which may include personnel for20 29hearings under section 236.4.20 30 Sec. 48. Section 624.20, Code 2001, is amended to read as 20 31 follows: 20 32 624.20 SATISFACTION OF JUDGMENT. 20 33 Where a judgment is set aside or satisfied by execution or 20 34 otherwise, the clerk shall at once enter a memorandum thereof 20 35 on the column left for that purpose in the judgment docket. 21 1 However, the clerk may enter satisfaction of judgment if the 21 2 amount of the judgment that is unsatisfied isone dollarthree 21 3 dollars or less. 21 4 Sec. 49. Section 631.5, subsection 6, Code 2001, is 21 5 amended to read as follows: 21 6 6. DEFAULT. If a defendant fails to appear and the clerk 21 7 in accordance with subsection 4 determines that proper notice 21 8 has been given, judgment shall be rendered against the 21 9 defendant by the clerk if the relief is readily ascertainable. 21 10 If the relief is not readily ascertainable the claim shall be 21 11 assigned to a judicial magistrate for determinationand the21 12clerk shall immediately notify the plaintiff or the21 13plaintiff's attorney and the judicial magistrate of such21 14assignment by ordinary mail. 21 15 Sec. 50. Section 631.6, subsection 1, paragraph c, Code 21 16 2001, is amended to read as follows: 21 17 c. Postage charged for the mailing of original notice 21 18 shall bethe actual costs of the postageseven dollars. 21 19 Sec. 51. Section 633.20B, subsection 3, Code 2001, is 21 20 amended to read as follows: 21 21 3. Within thirty days after a county magistrate appointing 21 22 commission receives notification of an actual or impending 21 23 vacancy in the office of full-time associate probate judge, 21 24 other than a vacancy referred to in subsection 2, the 21 25 commission shall certify to the chief judge of the judicial 21 26 district the names of three applicants who are nominated by 21 27 the commission for the vacancy. The commission shall 21 28 publicize notice of the vacancy in at least two publications 21 29 in the official county newspaper. The commission shall accept 21 30 applications for consideration for nomination as full-time 21 31 associate probate judge for a minimum of fifteen days prior to 21 32 certifying nominations. The commission shall consider the 21 33 applications and shall, by majority vote, certify to the chief 21 34 judge of the judicial district the names of three applicants 21 35 who are nominated by the commission for the vacancy. If there 22 1 are three or fewer applicants, the commission shall certify 22 2 all applicants who meet the statutory qualifications. 22 3 Nominees shall be chosen solely on the basis of the 22 4 qualifications of the applicants, and political affiliation 22 5 shall not be considered. As used in this subsection, a 22 6 vacancy is created by the death, retirement, resignation, or 22 7 removal of a full-time associate probate judge, or by an 22 8 increase in the number of positions authorized. The chief 22 9 justice may delay the commission from considering applications 22 10 for a vacancy in the office of full-time associate probate 22 11 judge for up to one hundred eighty days for budgetary reasons. 22 12 Sec. 52. Section 633.47, Code 2001, is amended to read as 22 13 follows: 22 14 633.47 PROOF OF SERVICE AND TAXATION OF COSTS. 22 15 Proof of service of any notice, required by this Code or by 22 16 order of court, including those by publication, shall be filed 22 17 with the clerk. The costs of serving any notice given by the 22 18 fiduciary shallbe taxed by the clerk as part of the costs of22 19administration in saidbe paid directly by the estate. 22 20 Sec. 53. Section 633.301, Code 2001, is amended to read as 22 21 follows: 22 22 633.301 COPY OF WILL FOR EXECUTOR. 22 23 When a will has been admitted to probate and certified 22 24 pursuant to section 633.300, the clerk shall causean22 25authenticateda certified copy thereof to be placed in the 22 26 hands of the executor to whom letters are issued. The clerk 22 27 shall retain the will in a separate file provided for that 22 28 purpose until the time for contest has expired, and promptly 22 29 thereafter shall place it with the files of the estate. 22 30 Sec. 54. Section 633.479, unnumbered paragraph 2, Code 22 31 2001, is amended to read as follows: 22 32 An order approving the final report and discharging the 22 33 personal representative shall not be required if all 22 34 distributees otherwise entitled to notice are adults, under no 22 35 legal disability, have signed waivers of notice as provided in 23 1 section 633.478, have signed statements of consent agreeing 23 2 that the prayer of the final report shall constitute an order 23 3 approving the final report and discharging the personal 23 4 representative, and if the statements of consent are dated not 23 5 more than thirty days prior to the date of the final report, 23 6 and if compliance with sections 422.27 and 450.58 have been 23 7 fulfilled and receipts and certificates are on file. In those 23 8 instances final order shall not be required and the prayer of 23 9 the final report shall be considered as granted and shall have 23 10 the same force and effect as an order of discharge of the 23 11 personal representative and an order approving the final 23 12 report.The clerk shall comply with section 633.480 with23 13respect to issuing a change of title.23 14 Sec. 55. Section 633.480, Code Supplement 2001, is amended 23 15 to read as follows: 23 16 633.480 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 23 17 WITH ADMINISTRATION. 23 18 After discharge as provided in section 633.479,the clerk23 19shall certify under chapter 558 relative to each parcel of23 20real estatethe personal representative shall deliver to the 23 21 county recorder of the county in which the real estate is 23 22 situated a certificate pertaining to each parcel of real 23 23 estate described in the final report of the personal 23 24 representative which has not been sold by the personal 23 25 representative, and deliver the certificate to the county23 26recorder of the county in which the real estate is situated. 23 27 The certificate shall include the name and complete mailing 23 28 address, as shown on the final report, of the individual or 23 29 entity in whose name each parcel of real estate is to be 23 30 taxed. The county recorder shall deliver the certificate to 23 31 the county auditor as provided in section 558.58. 23 32 Sec. 56. Section 633.481, Code 2001, is amended to read as 23 33 follows: 23 34 633.481 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 23 35 WITHOUT ADMINISTRATION. 24 1 When an inventory or report is filed under section 450.22, 24 2 without administration of the estate of the decedent, the 24 3 clerk shallissuenotify the heir to prepare and deliver to 24 4 the county recorder of the county in which the real estate is 24 5 situated a certificate pertaining to each parcel of real 24 6 estate described in the inventory or report. Any fees for 24 7 certificates or recording fees required by this section or 24 8 section 633.480 shall be assessed as costs of administration. 24 9 The fee for recording and indexing the instrument shall be as 24 10 provided in section 331.604. The county recorder shall 24 11 deliver the certificates to the county auditor as provided in 24 12 section 558.58. 24 13 Sec. 57. Section 635.7, Code 2001, is amended to read as 24 14 follows: 24 15 635.7 REPORT AND INVENTORY – EXCESS VALUE AND 24 16 TERMINATION. 24 17 The executor or administrator is required to file the 24 18 report and inventory for which provision is made in section 24 19 633.361. Nothing in sections 635.1 to 635.3 shall exempt the 24 20 executor or administrator from complying with the requirements 24 21 of section 422.27, 450.22,or450.58, orthe clerk from24 22complying with the requirements of section633.481. If the 24 23 inventory and report shows assets subject to the jurisdiction 24 24 of this state which exceed the total gross value of the amount 24 25 permitted the small estate under the applicable provision of 24 26 section 635.1, the clerk shall terminate the letters issued 24 27 under section 635.1 without prejudice to the rights of persons 24 28 who delivered property as permitted under section 635.3. The 24 29 executor or administrator shall then be required to petition 24 30 for administration of the estate as provided in chapter 633. 24 31 Sec. 58. Section 668.13, subsection 3, Code Supplement 24 32 2001, is amended to read as follows: 24 33 3. Interest shall be calculated as of the date of judgment 24 34 at a rate equal to the one year treasury constant maturity 24 35indexpublished by the federal reserve in the H15 report 25 1 settled immediately prior to the date of the judgment plus two 25 2 percent. The state court administrator shall distribute 25 3 notice monthly of that rate and any changes to that rate to 25 4 all district courts. 25 5 Sec. 59. Section 811.4, Code 2001, is amended to read as 25 6 follows: 25 7 811.4 UNDERTAKING OF BAIL AS LIENS ON REAL ESTATE. 25 8 Undertakings of bail, immediately after such undertakings 25 9 are filed with the clerk of the district court, shall be 25 10 docketed as liens on real estate, entered upon the lien index 25 11 as required for judgments in civil cases, and from the time of 25 12 such entries, shall be liens upon real estate of the persons 25 13 executing the same. This section does not apply to unsecured 25 14 appearance bonds. However, for good cause shown, the court 25 15 may order an unsecured appearance bond to be entered upon the 25 16 lien index. Attested copies of such undertakings may be filed 25 17 in the office of the clerk of the district court of the county 25 18 in which the real estate is situated, in the same manner and 25 19 with like effect as attested copies of civil judgments, and 25 20 shall be immediately docketed and indexed in the same manner. 25 21 Sec. 60. Section 902.4, Code Supplement 2001, is amended 25 22 to read as follows: 25 23 902.4 RECONSIDERATION OF FELON'S SENTENCE. 25 24 For a period of one year from the date when a person 25 25 convicted of a felony, other than a class "A" felony or a 25 26 felony for which a minimum sentence of confinement is imposed, 25 27 begins to serve a sentence of confinement, the court, on its 25 28 own motion or on the recommendation of the director of the 25 29 Iowa department of corrections, may order the person to be 25 30 returned to the court, at which time the court may review its 25 31 previous action and reaffirm it or substitute for it any 25 32 sentence permitted by law. Copies of the order to return the 25 33 person to the court shall be provided to the attorney for the 25 34 state, the defendant's attorney, and the defendant. Upon a 25 35 request of the attorney for the state, the defendant's 26 1 attorney, or the defendant if the defendant has no attorney, 26 2 the court may, but is not required to, conduct a hearing on 26 3 the issue of reconsideration of sentence. The court shall not 26 4 disclose its decision to reconsider or not to reconsider the 26 5 sentence of confinement until the date reconsideration is 26 6 ordered or the date the one-year period expires, whichever 26 7 occurs first. The district court retains jurisdiction for the 26 8 limited purposes of conducting such review and entering an 26 9 appropriate order notwithstanding the timely filing of a 26 10 notice of appeal. The court's final order in the proceeding 26 11 shall be delivered to the defendant personally or bycertified26 12 regular mail. The court's decision to take the action or not 26 13 to take the action is not subject to appeal. However, for the 26 14 purposes of appeal, a judgment of conviction of a felony is a 26 15 final judgment when pronounced. 26 16 Sec. 61. Section 903.2, Code 2001, is amended to read as 26 17 follows: 26 18 903.2 RECONSIDERATION OF MISDEMEANANT'S SENTENCE. 26 19 For a period of thirty days from the date when a person 26 20 convicted of a misdemeanor begins to serve a sentence of 26 21 confinement, the court may order the person to be returned to 26 22 the court, at which time the court may review its previous 26 23 action and reaffirm it or substitute for it any sentence 26 24 permitted by law. The sentencing court retains jurisdiction 26 25 for the limited purposes of conducting such review and 26 26 entering an appropriate order notwithstanding the timely 26 27 filing of a notice of appeal or an application for 26 28 discretionary review. The court's final order in the 26 29 proceeding shall be delivered to the defendant personally or 26 30 bycertifiedregular mail. Such action is discretionary with 26 31 the court and its decision to take the action or not to take 26 32 the action is not subject to appeal. The other provisions of 26 33 this section notwithstanding, for the purposes of appeal a 26 34 judgment of conviction is a final judgment when pronounced. 26 35 Sec. 62. Section 907.4, Code 2001, is amended to read as 27 1 follows: 27 2 907.4 DEFERRED JUDGMENT DOCKET. 27 3 A deferment of judgment under section 907.3 shall be 27 4 reported promptly by the clerk of the district court, or the 27 5 clerk's designee, to the state court administrator for entry 27 6 in the deferred judgment docket. The docket shall contain a 27 7 permanent record of the deferred judgment including the name 27 8 and date of birth of the defendant, the district court docket 27 9 number, the nature of the offense, and the date of the 27 10 deferred judgment. Before granting deferred judgment in any 27 11 case, the court shall request of the state court administrator 27 12 a search of the deferred judgment docket and shall consider 27 13 any prior record of a deferred judgment against the defendant. 27 14 The permanent record provided for in this section is a 27 15 confidential record exempted from public access under section 27 16 22.7 and shall be available only to justices of the supreme 27 17 court, judges of the court of appeals, district judges, 27 18 district associate judges, judicial magistrates, clerks of the 27 19 district court,andcounty attorneys, and the department of 27 20 corrections requesting information pursuant to this section, 27 21 or the designee of a justice, judge, magistrate, clerk,or27 22 county attorney, or department. 27 23 Sec. 63. Sections 602.6303 and 633.15, Code 2001, are 27 24 repealed. 27 25 EXPLANATION 27 26 This bill relates to procedures and duties of the judicial 27 27 branch. 27 28 The amendment to Code section 46.12 permits the chief 27 29 justice of the supreme court to delay, by up to 180 days, the 27 30 nomination process of a judge for appointment to the Iowa 27 31 supreme court, court of appeals, or district court for 27 32 budgetary reasons. Current law requires that nominees to the 27 33 supreme court, court of appeals, or district court be 27 34 certified to the governor for appointment within 60 days of 27 35 the nominating commission receiving notice of a vacancy. 28 1 The amendment to Code section 46.14 also prohibits a member 28 2 of a judicial nominating commission from nominating a family 28 3 member, law partner, or current or former business partner, 28 4 for a judgeship. 28 5 The amendments to Code sections 602.6304, 602.6403, and 28 6 633.20B also permit the chief justice of the supreme court for 28 7 budgetary reasons to delay, by up to 180 days, the appointment 28 8 process to fill a vacancy for a district associate judge, 28 9 magistrate, or probate judge. Current law requires that for 28 10 nominations to district associate or probate court, the 28 11 nominees for the vacancy must be certified to the chief judge 28 12 of the judicial district within 30 days of the magistrate 28 13 appointing commission receiving notification of the vacancy; 28 14 the chief judge then has 15 days to appoint the judge. 28 15 Current law requires that for a magistrate vacancy, the 28 16 magistrate appointing commission must appoint a magistrate 28 17 within 30 days of receiving notification of a vacancy. 28 18 The amendments to Code sections 229.6A and 602.6405 expand 28 19 the jurisdiction of magistrates, including magistrates who 28 20 have not been admitted to the practice of law in the state. 28 21 The bill permits a magistrate who has not been admitted to the 28 22 practice of law to have jurisdiction in all mental health or 28 23 substance abuse commitment or treatment proceedings in Code 28 24 chapter 125 or 229. The bill permits all magistrates to have 28 25 jurisdiction over voluntary or involuntary hospitalization of 28 26 juveniles. The bill also provides that all magistrates have 28 27 jurisdiction over emergency proceedings in domestic abuse 28 28 cases under Code chapter 236. A magistrate does not have 28 29 jurisdiction in domestic abuse-related cases in Code chapter 28 30 236 under current law. 28 31 The amendments to Code sections 125.91 and 229.22 concern 28 32 the involuntary hospitalization of persons with a chemical 28 33 dependency and a mental illness. The bill provides that a 28 34 judge may appear at an emergency involuntary hospitalization 28 35 hearing by telephone and the court may rely upon a facsimile 29 1 copy of a person's medical records in making its determination 29 2 to commit a person involuntarily in an emergency situation. 29 3 The bill also provides that a district judge hearing an appeal 29 4 from a magistrate or judicial hospitalization referee shall 29 5 issue a ruling within 14 days of the involuntary 29 6 hospitalization appeal hearing. 29 7 The amendments to Code sections 232.35, 232.37, and 29 8 331.653(24A) require the county sheriff to serve a summons, 29 9 notice, or subpoena in a juvenile delinquency proceeding. The 29 10 amendment to Code section 232.37 also requires the sheriff to 29 11 serve a summons, subpoenas, or other legal process in child in 29 12 need of assistance proceedings under Code section 232.88. 29 13 The amendment to Code sections 232.183 and 237.20 eliminate 29 14 the participation of the foster care review board in voluntary 29 15 foster care placements and from reviewing delinquency cases 29 16 involving foster care. 29 17 The amendment to Code section 236.3 requires that in a 29 18 contempt action for violation of a no contact order, the 29 19 filing fee and court costs for the victim shall be waived by 29 20 the court. 29 21 The amendments to Code chapter 255 relate to petitioning 29 22 for medical treatment of indigent persons. The bill provides 29 23 that the county general assistance director and not the clerk 29 24 of court shall be the location to file a complaint to appoint 29 25 a physician to examine an indigent person. The bill 29 26 principally substitutes the county general assistance director 29 27 for the clerk of court in administering a complaint for 29 28 indigent care and removes the clerk from the process other 29 29 than to schedule hearings and notify parties. The bill also 29 30 principally substitutes the board of supervisors for the court 29 31 in reviewing the case and issuing findings. 29 32 The amendments to Code section 321.20B relate to the 29 33 criminal offense of driving a motor vehicle without liability 29 34 insurance. The bill provides that an owner or driver charged 29 35 with a violation of Code section 321.20B must present proof of 30 1 liability coverage to the county attorney in order to have the 30 2 charge dismissed. Current law provides that the owner or 30 3 driver present proof of coverage to the clerk of court to 30 4 obtain a dismissal. 30 5 The amendment to Code section 321.484 relates to parking 30 6 violations. The bill provides that an owner of a vehicle 30 7 which has been issued a ticket may have the ticket dismissed 30 8 if the owner can furnish proof to the county attorney that 30 9 another person had custody of the vehicle when the ticket was 30 10 issued. The bill provides the county attorney shall issue a 30 11 new parking ticket to the person who was in custody of the 30 12 vehicle if the ticket against the owner was dismissed. 30 13 Current law provides that the owner of a vehicle show proof of 30 14 coverage to the clerk of court and the clerk issue a new 30 15 ticket if the owner was not in custody of the vehicle. 30 16 The amendments to Code section 331.653(33A) and section 30 17 331.804 relate to the disposition of the property of a person 30 18 who is deceased, if no one is entitled to the property or 30 19 money by law. The bill provides that the medical examiner 30 20 shall deposit the property with the county sheriff, who shall 30 21 dispose of the property as provided by law. Current law 30 22 provides that the property be deposited with the clerk of 30 23 court for lawful disposal. 30 24 The amendment to Code section 598.21 relates to modifying a 30 25 dissolution decree in a county other than the county where the 30 26 original decree was entered. The bill provides that upon 30 27 entering a modification in another county, the clerk shall 30 28 notify by regular mail the clerk of court in the county where 30 29 the original decree was entered. The costs of notifying the 30 30 clerk shall be assessed as court costs. 30 31 The amendment to Code section 602.1215 changes the method 30 32 in which a clerk of court is appointed and makes other related 30 33 changes. The bill permits the chief judge to appoint the 30 34 clerk of court and to remove the clerk for cause. The clerk 30 35 under current law is appointed by a majority vote of all the 31 1 district court judges in the judicial election district. The 31 2 bill eliminates the requirement that a clerk of court be 31 3 appointed in each county in the judicial district. The bill 31 4 eliminates the requirement that an applicant for a clerk of 31 5 court position be a resident of the state at the time the 31 6 application is submitted. The bill also eliminates the 31 7 requirement that the clerk of court be a resident of the 31 8 county where the clerk is employed. The bill does require a 31 9 clerk to reside in the state within three months of 31 10 appointment. 31 11 The amendment to Code section 602.1217 changes the method 31 12 in which a chief juvenile court officer is appointed. The 31 13 bill permits the chief judge to appoint the chief juvenile 31 14 court officer and to remove the officer for cause. The chief 31 15 juvenile officer under current law is appointed by a majority 31 16 vote of all the district court judges in the judicial 31 17 district. 31 18 The amendments to Code sections 602.1501, 602.1604, 31 19 602.1611, 602.6301, 602.6303, and 602.6304, eliminate the 31 20 position of alternate district associate judge. Current law 31 21 provides that if a county has only one district associate 31 22 judge, an alternate district associate judge may be appointed. 31 23 An alternate district associate judge under current law may 31 24 practice law except when actually serving as an alternate 31 25 district associate judge. 31 26 The amendment to Code section 602.6111 requires the clerk 31 27 of court to issue a personal identification number to each 31 28 party to a lawsuit on any first document filed with the clerk. 31 29 The bill also requires each party to submit the party's social 31 30 security number, if one has been issued, and the party's date 31 31 of birth. The bill provides the clerk of court shall keep the 31 32 party's social security number confidential. 31 33 The amendment to Code sections 602.8102(11) and 624.20 31 34 relate to entering a satisfaction of judgment by the clerk of 31 35 court and court refunds. The bill permits the clerk of court 32 1 to enter a satisfaction of judgment if the amount of the 32 2 unsatisfied judgment is less than $3. The bill also requires 32 3 that if a party is due a refund from the clerk's office, the 32 4 clerk need not refund the money if the amount of money due is 32 5 less than $3, unless the party requests a refund in writing. 32 6 Current law provides that a satisfaction shall not be entered 32 7 unless the dollar amount is less than $1, and money need not 32 8 be refunded to a party if the amount is less than $1. 32 9 The amendment to Code section 602.8106(1)(b) changes the 32 10 amount of filing fees assessed for nonscheduled simple 32 11 misdemeanors from $25 to $20. 32 12 The amendment to Code section 602.8106(1)(c) changes the 32 13 amount of fees assessed for filing and docketing a complaint 32 14 for certain parking violations. The bill increases the filing 32 15 fees for parking violations pursuant to Code section 321.236 32 16 other than violations in subsection 1, and pursuant to Code 32 17 sections 321.239, 321.358, 321.360, and 321.361, from $1 to 32 18 $8, effective January 1, 2003. 32 19 The amendment to Code section 602.8106(1)(d) decreases the 32 20 amount of court costs assessed in a scheduled violation case 32 21 where a court appearance is required from $25 to $20. 32 22 The amendment to Code section 602.8106(1)(e) increases the 32 23 amount of court costs assessed in a scheduled violation case 32 24 where a court appearance is not required from $15 to $20. 32 25 The amendment to Code section 602.8108 eliminates the 32 26 requirement that 20 percent of the court technology and 32 27 modernization fund be used for alternative dispute resolution 32 28 and methods to resolve domestic abuse. The amendment also 32 29 permits that the fund be used for Iowa court information 32 30 system. 32 31 The amendment to Code section 631.5 eliminates the 32 32 requirement that the clerk of court notify the parties of a 32 33 default judgment entered in small claims court if the amount 32 34 of the judgment is not readily ascertainable by the clerk. 32 35 The amendment to Code section 631.6 permits the clerk of 33 1 court to charge a flat fee of $7 for postage in a small claims 33 2 action rather than the actual cost of the postage. 33 3 The amendment to Code section 633.47 requires that the 33 4 costs of serving any notice given by the fiduciary shall be 33 5 paid directly by the estate rather than taxed as court costs. 33 6 The amendment to Code section 633.301 requires the clerk of 33 7 court to deliver a certified copy of a will to an executor 33 8 upon the filing of the original will with the clerk of court. 33 9 Current law requires the will be authenticated. 33 10 The amendments to Code sections 633.479, 633.480, 633.481, 33 11 and 635.7 eliminate the clerk of court's responsibility to 33 12 prepare a court officer's deed for the purpose of transferring 33 13 real property in an estate that has been opened with or 33 14 without administration. The bill provides that the heirs or 33 15 personal representative shall be responsible for preparing the 33 16 documents for change of title and delivering the documents to 33 17 the county recorder. 33 18 The amendment to Code section 668.13 provides that interest 33 19 on a judgment be calculated upon the one year treasury 33 20 constant maturity published by the federal reserve, plus 2 33 21 percent. 33 22 The amendment to Code section 811.4 only permits a judgment 33 23 from an unsecured appearance bond to be entered upon the lien 33 24 index as a lien on real estate, if good cause is shown. 33 25 The amendments to Code sections 902.4 and 903.2 permit the 33 26 clerk of court to deliver by regular mail the court's final 33 27 order from a reconsideration of sentence hearing. Current law 33 28 requires the final order to be mailed by certified mail. 33 29 The amendment to Code section 907.4 permits the department 33 30 of corrections to have access to deferred judgment records. 33 31 Current law only permits the courts and the county attorney 33 32 access to the records. 33 33 The repeal of Code section 633.15 eliminates the 33 34 requirement that probate court always be open for business. 33 35 LSB 5347DP 79 34 1 jm/cls/14.1
Text: HSB00664 Text: HSB00666 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Sat Feb 16 03:30:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/HSB/00600/HSB00665/020215.html
jhf