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House Amendment 1135

Amendment Text

PAG LIN
  1  1    Amend House File 573 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 39.17, unnumbered paragraph 1,
  1  5 Code 2003, is amended to read as follows:
  1  6    There shall be elected in each county at the
  1  7 general election to be held in the year 1976 and every
  1  8 four years thereafter, an auditor and a sheriff, each
  1  9 to hold office for a term of four years.  If the
  1 10 county board of supervisors makes the office of the
  1 11 clerk of the district court an elective office
  1 12 pursuant to section 331.701, a clerk of the district
  1 13 court shall be elected for a term of four years in
  1 14 each county at the general election to be held in the
  1 15 year 2004 and every four years thereafter.
  1 16    Sec. 2.  NEW SECTION.  331.701  OFFICE OF CLERK OF
  1 17 THE DISTRICT COURT.
  1 18    1.  Notwithstanding sections 602.1215 and 602.1216,
  1 19 the county board of supervisors may adopt an ordinance
  1 20 making the office of clerk of the district court an
  1 21 elective office except that if a vacancy occurs in the
  1 22 office, a successor shall be appointed to the
  1 23 unexpired term as provided in chapter 69.
  1 24    2.  A person elected or appointed to the office of
  1 25 county clerk of the district court shall qualify by
  1 26 taking the oath of office as provided in section 63.10
  1 27 and give bond as provided in section 64.10.
  1 28    3.  The term of office of the clerk is four years.
  1 29    4.  The duties and responsibilities of an elected
  1 30 clerk of the district court are the same as an
  1 31 appointed clerk of the district court under sections
  1 32 602.8101 through 602.8109.
  1 33    5.  The clerk of the district court and employees
  1 34 in the clerk's office shall become county employees on
  1 35 January 1 of the year following the election of the
  1 36 clerk.
  1 37    Sec. 3.  Section 602.1303, Code 2003, is amended by
  1 38 adding the following new subsection:
  1 39    NEW SUBSECTION.  10.  A county shall pay all
  1 40 expenses of the office of the clerk of the district
  1 41 court if the county board of supervisors makes the
  1 42 office an elective office pursuant to section
  1 43 331.701."
  1 44    #2.  Page 2, by inserting after line 28 the
  1 45 following:
  1 46    "Sec.    .  NEW SECTION.  602.8108B  CLERK OF COURT
  1 47 ELECTIVE OFFICE – DISTRIBUTION OF COURT REVENUE.
  1 48    If a county board of supervisors makes the office
  1 49 of clerk of the district court an elective office,
  1 50 notwithstanding contrary provisions of section
  2  1 602.8106, subsection 4, and section 602.8108, fifty
  2  2 percent of any fine, penalty, court cost, fee,
  2  3 forfeited bail, or surcharge collected by the clerk of
  2  4 the district court and submitted to the treasurer of
  2  5 state or the state court administrator pursuant to
  2  6 section 602.8105, 602.8106, or 602.8107 or any other
  2  7 Code provision shall be remitted to the county."
  2  8    #3.  Title page, line 2, by inserting after the
  2  9 words "election districts" the following:  ", and
  2 10 making the clerk of the district court an elective
  2 11 office".
  2 12    #4.  By renumbering as necessary.  
  2 13 
  2 14 
  2 15                               
  2 16 EICHHORN of Hamilton
  2 17 HF 573.202 80
  2 18 jm/sh
     

Text: H01134                            Text: H01136
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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