Text: SF02195 Text: SF02197 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 39.17, unnumbered paragraph 1, Code
1 2 2001, is amended to read as follows:
1 3 There shall be elected in each county at the general
1 4 election to be held in the year 1976 and every four years
1 5 thereafter, an auditor and a sheriff, each to hold office for
1 6 a term of four years. If the county board of supervisors
1 7 makes the office of the clerk an elective office pursuant to
1 8 section 331.701, a clerk of the district court shall be
1 9 elected for a term of four years in each county at the general
1 10 election to be held in the year 2004 and every four years
1 11 thereafter.
1 12 Sec. 2. NEW SECTION. 331.701 OFFICE OF CLERK OF THE
1 13 DISTRICT COURT.
1 14 1. Notwithstanding sections 602.1215 and 602.1216, the
1 15 county board of supervisors may adopt an ordinance making the
1 16 office of clerk of the district court an elective office
1 17 except that if a vacancy occurs in the office, a successor
1 18 shall be appointed to the unexpired term as provided in
1 19 chapter 69.
1 20 2. A person elected or appointed to the office of county
1 21 clerk of the district court shall qualify by taking the oath
1 22 of office as provided in section 63.10 and give bond as
1 23 provided in section 64.10.
1 24 3. The term of office of the clerk is four years.
1 25 4. The duties and responsibilities of an elected clerk of
1 26 the district court are the same as an appointed clerk of the
1 27 district court under sections 602.8102 through 602.8109.
1 28 5. The clerk of the district court and employees in the
1 29 clerk's office shall become county employees on January 1 of
1 30 the year following the election of the clerk.
1 31 Sec. 3. Section 602.1303, Code 2001, is amended by adding
1 32 the following new subsection:
1 33 NEW SUBSECTION. 10. A county shall pay all expenses of
1 34 the office of the clerk of the district court if the county
1 35 board of supervisors makes the office an elective office
2 1 pursuant to section 331.701.
2 2 Sec. 4. NEW SECTION. 602.8108B CLERK OF COURT ELECTIVE
2 3 OFFICE – DISTRIBUTION OF COURT REVENUE.
2 4 If a county board of supervisors makes the office of clerk
2 5 of the district court an elective office, notwithstanding
2 6 contrary provisions of section 602.8106, subsection 4, and
2 7 section 602,8108, fifty percent of any fine, penalty, court
2 8 cost, fee, forfeited bail, or surcharge collected by the clerk
2 9 of the district court and submitted to the treasurer of state
2 10 or the state court administrator pursuant to section 602.8105,
2 11 602.8106, or 602.8107, or any other Code provision shall be
2 12 remitted to the county.
2 13 EXPLANATION
2 14 This bill permits the clerk of the district court to become
2 15 an elective office.
2 16 The bill provides that the county board of supervisors may
2 17 adopt an ordinance making the office of clerk of the district
2 18 court an elective office. If the clerk of the district court
2 19 becomes an elective office, the clerk and employees of the
2 20 clerk's office become county employees. Current law provides
2 21 the clerk and employees of the clerk's office are state
2 22 employees.
2 23 The bill also provides that 50 percent of any fine,
2 24 penalty, court cost, fee, forfeited bail, or surcharge
2 25 submitted to the state pursuant to Code sections 602.8105,
2 26 602.8106, and 602.8107, and any other Code provision shall be
2 27 remitted to the county.
2 28 LSB 5729SS 79
2 29 jm/cf/24
Text: SF02195 Text: SF02197 Text: SF02100 - SF02199 Text: SF 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: Tue Feb 26 03:35:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02100/SF02196/020215.html
jhf