Text: SF02242 Text: SF02244 Text: SF02200 - SF02299 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 5729SV 79 2 29 jm/cf/24
Text: SF02242 Text: SF02244 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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