Text: HF00642                           Text: HF00644
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Bills and Amendments: General Index     Bill History: General Index

House File 643

Partial Bill History

Bill Introduced: H.J. 677
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.35, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  A formal judicial proceeding to determine whether a
  1  4 child has committed a delinquent act shall be initiated by the
  1  5 filing by the county attorney of a petition alleging that a
  1  6 child has committed a delinquent act.  After a petition has
  1  7 been filed, service of a summons requiring the child to appear
  1  8 before the court or service of a notice shall be made as
  1  9 provided in section 232.37.
  1 10    Sec. 2.  Section 232.37, subsection 4, Code 2003, is
  1 11 amended to read as follows:
  1 12    4.  Service of summons or notice shall be made personally
  1 13 by the sheriff by the delivery of delivering a copy of the
  1 14 summons or notice to the person being served.  If the court
  1 15 determines that personal service of a summons or notice is
  1 16 impracticable, the court may order service by certified mail
  1 17 addressed to the last known address.  Service of summons or
  1 18 notice shall be made not less than five days before the time
  1 19 fixed for hearing.  Service of summons, notice, subpoenas or
  1 20 other process, after an initial valid summons or notice, shall
  1 21 be made in accordance with the rules of the court governing
  1 22 such service in civil actions.
  1 23    Sec. 3.  Section 232.183, subsection 7, Code 2003, is
  1 24 amended by striking the subsection.
  1 25    Sec. 4.  Section 236.3, unnumbered paragraph 2, Code 2003,
  1 26 is amended to read as follows:
  1 27    The filing fee and court costs for an order for protection
  1 28 and in a contempt action under this chapter shall be waived
  1 29 for the plaintiff.  The clerk of court, the sheriff of any
  1 30 county in this state, and other law enforcement and
  1 31 corrections officers shall perform their duties relating to
  1 32 service of process without charge to the plaintiff.  When an
  1 33 order for protection is entered by the court, the court may
  1 34 direct the defendant to pay to the clerk of court the fees for
  1 35 the filing of the petition and reasonable costs of service of
  2  1 process if the court determines the defendant has the ability
  2  2 to pay the plaintiff's fees and costs.
  2  3    Sec. 5.  Section 237.20, unnumbered paragraph 1, Code 2003,
  2  4 is amended to read as follows:
  2  5    A local board shall, except in delinquency cases, do the
  2  6 following:
  2  7    Sec. 6.  Section 255.1, unnumbered paragraph 1, Code 2003,
  2  8 is amended to read as follows:
  2  9    Any adult resident of the state may file a complaint in the
  2 10 office of the clerk of any juvenile court, county general
  2 11 assistance director charging that any legal resident of Iowa
  2 12 residing in the county where the complaint is filed is
  2 13 pregnant or is suffering from some malady or deformity that
  2 14 can probably be improved or cured or advantageously treated by
  2 15 medical or surgical treatment or hospital care, and that
  2 16 neither such person nor persons legally chargeable with the
  2 17 person's support are able to pay therefor.
  2 18    Sec. 7.  Section 255.4, Code 2003, is amended to read as
  2 19 follows:
  2 20    255.4  EXAMINATION BY PHYSICIAN.
  2 21    Upon the filing of such complaint, the clerk shall number
  2 22 and index the same and county general assistance director
  2 23 shall appoint a competent physician and surgeon, living in the
  2 24 vicinity of the patient, who shall personally examine the
  2 25 patient with respect to said the pregnancy, malady, or
  2 26 deformity.  The clerk director may, after the expiration of
  2 27 five years from the filing of a complaint, destroy it the
  2 28 complaint and all papers or records in connection therewith
  2 29 with the complaint.
  2 30    Sec. 8.  Section 255.5, Code 2003, is amended to read as
  2 31 follows:
  2 32    255.5  REPORT BY PHYSICIAN.
  2 33    Such physician shall make a report in duplicate on blanks
  2 34 furnished as hereinafter provided in this chapter, answering
  2 35 the questions contained therein in the blanks and setting
  3  1 forth the information required thereby, giving such history of
  3  2 the case as will be likely to aid the medical or surgical
  3  3 treatment or hospital care of such patient, describing the
  3  4 pregnancy, deformity, or malady in detail, and stating whether
  3  5 or not in the physician's opinion the same pregnancy,
  3  6 deformity, or malady can probably be improved or cured or
  3  7 advantageously treated, which report shall be filed in the
  3  8 office of the clerk within such time as the clerk may fix
  3  9 county general assistance director.
  3 10    Sec. 9.  Section 255.6, Code 2003, is amended to read as
  3 11 follows:
  3 12    255.6  INVESTIGATION AND REPORT.
  3 13    When a complaint is filed, the clerk of juvenile court in
  3 14 the office of the county general assistance director, the
  3 15 director shall furnish the county attorney and board of
  3 16 supervisors with a copy and the board shall, by the general
  3 17 assistance director or other agent it selects, make a thorough
  3 18 investigation of facts as to the legal residence of the
  3 19 patient, and the ability of the patient or others chargeable
  3 20 with the patient's support to pay the expense of treatment and
  3 21 care; and shall file a report of the investigation in the
  3 22 office of the clerk, with the board at or before the time of
  3 23 hearing.
  3 24    Sec. 10.  Section 255.7, Code 2003, is amended to read as
  3 25 follows:
  3 26    255.7  NOTICE OF HEARING – DUTY OF COUNTY ATTORNEY.
  3 27    When the physician's report has been filed, the clerk
  3 28 county general assistance director shall, with the consent of
  3 29 the court or judge, fix set a time and place for hearing of on
  3 30 the matter by the court, and the county attorney shall cause
  3 31 such patient and the parent or parents, guardian, or person
  3 32 having the legal custody of said patient, if under legal
  3 33 disability, to be served with such notice of the time and
  3 34 place of the hearing as the judge or clerk director may
  3 35 prescribe.
  4  1    Sec. 11.  Section 255.8, Code 2003, is amended to read as
  4  2 follows:
  4  3    255.8  HEARING – ORDER – EMERGENCY CASES – CANCELLATION
  4  4 OF COMMITMENTS DETERMINATION BY BOARD OF SUPERVISORS.
  4  5    The county attorney and the general assistance director, or
  4  6 other agent of the board of supervisors of the county, shall
  4  7 appear at the hearing.  The complainant, the county attorney,
  4  8 the general assistance director or other agent of the board of
  4  9 supervisors, and the patient, or any person representing the
  4 10 patient, may introduce evidence and be heard.  If the court
  4 11 board of supervisors finds that the patient is a legal
  4 12 resident of Iowa and is pregnant or is suffering from a malady
  4 13 or deformity which can probably be improved or cured or
  4 14 advantageously treated by medical or surgical treatment or
  4 15 hospital care, and that neither the patient nor any person
  4 16 legally chargeable with the patient's support is able to pay
  4 17 the expenses, then the clerk of court county general
  4 18 assistance director, except in obstetrical cases and
  4 19 orthopedic cases, shall immediately ascertain from the
  4 20 admitting physician at the university hospital whether the
  4 21 person can be received as a patient within a period of thirty
  4 22 days, and if the patient can be received, the court, or in the
  4 23 event of no actual contest, the clerk of the court, board
  4 24 shall enter an order directing direct that the patient be sent
  4 25 to the university hospital for proper medical and surgical
  4 26 treatment and hospital care.  If the court ascertain board
  4 27 ascertains, except in obstetrical cases and orthopedic cases,
  4 28 that a person of the age or sex of the patient, or afflicted
  4 29 by the complaint, disease, or deformity with which the person
  4 30 is afflicted, cannot be received as a patient at the
  4 31 university hospital within the period of thirty days, then the
  4 32 court or the clerk shall enter an order directing the board of
  4 33 supervisors of shall direct the county to provide adequate
  4 34 treatment at county expense for the patient at home or in a
  4 35 hospital.  Obstetrical cases and orthopedic cases may be
  5  1 committed to the university hospital without regard to the
  5  2 limiting period of thirty days.
  5  3    In any case of emergency the court or the clerk board of
  5  4 supervisors without previous inquiry may at its discretion
  5  5 order the patient to be immediately taken to and accepted by
  5  6 the university hospital for the necessary care as provided in
  5  7 section 255.11, but if such a patient cannot be immediately
  5  8 accepted at the university hospital as ascertained by
  5  9 telephone if necessary, the court or the clerk may enter an
  5 10 order as in certain cases above set forth directing the board
  5 11 of supervisors shall direct the county to provide adequate
  5 12 treatment at county expense for the said patient at home or in
  5 13 a hospital.
  5 14    Sec. 12.  Section 255.10, Code 2003, is amended to read as
  5 15 follows:
  5 16    255.10  RELIGIOUS BELIEF – DENIAL OF ORDER.
  5 17    The court board of supervisors in its discretion may refuse
  5 18 to make such order in any case where the court board finds the
  5 19 patient or the patient's parent, parents, or guardian are
  5 20 members of a religious denomination whose tenets preclude
  5 21 dependence on the practice of medicine or surgery and desire
  5 22 in good faith to rely upon the practice of their religion for
  5 23 relief from disease or disorder.
  5 24    Sec. 13.  Section 255.11, Code 2003, is amended to read as
  5 25 follows:
  5 26    255.11  ORDER IN CASE OF EMERGENCY.
  5 27    In cases of great emergency, when the court or judge board
  5 28 of supervisors is satisfied that delay would be seriously
  5 29 injurious to the patient, the court or judge board of
  5 30 supervisors may make such order with the consent of the
  5 31 patient, if an adult, or of the parent or parents, guardian,
  5 32 or person having the legal custody of said the patient, if a
  5 33 minor or incompetent, without examination, report, notice, or
  5 34 hearing.
  5 35    Sec. 14.  Section 255.12, Code 2003, is amended to read as
  6  1 follows:
  6  2    255.12  CERTIFIED COPY OF ORDER.
  6  3    The clerk county general assistance director shall prepare
  6  4 a certified copy of said such order, which, together with a
  6  5 copy of the physician's report, shall be delivered to the
  6  6 admitting physician of said such hospital at or before the
  6  7 time of the reception of the patient into the hospital.
  6  8    Sec. 15.  Section 255.13, Code 2003, is amended to read as
  6  9 follows:
  6 10    255.13  ATTENDANT – PHYSICIAN – COMPENSATION.
  6 11    If the physician appointed to examine the patient shall
  6 12 certify certifies that an attendant to accompany the patient
  6 13 to the said hospital is necessary, and the university hospital
  6 14 attendant and ambulance service is not available, then the
  6 15 court or judge or clerk of the court the county general
  6 16 assistance director may appoint an attendant who shall receive
  6 17 not exceeding two dollars per day for the time thus
  6 18 necessarily employed and actual necessary traveling expenses
  6 19 by the most feasible route to said the hospital whether by
  6 20 ambulance, train, or automobile; but if such appointee is a
  6 21 relative of the patient or a member of the patient's immediate
  6 22 family, or receives a salary or other compensation from the
  6 23 public for the appointee's services, no such per diem
  6 24 compensation shall be paid.  The physician appointed by the
  6 25 court or clerk to make the examination and report shall
  6 26 receive therefor three dollars for each examination and report
  6 27 so made and the physician's actual necessary expenses incurred
  6 28 in making such examination, but if said the physician receives
  6 29 a salary or other compensation from the public for the
  6 30 physician's full-time services, then no such examination fee
  6 31 shall be paid.  The actual, necessary expenses of transporting
  6 32 and caring for the patient shall be paid as hereinafter
  6 33 provided in this chapter.
  6 34    Sec. 16.  Section 255.14, Code 2003, is amended to read as
  6 35 follows:
  7  1    255.14  PAYMENT OF EXPENSES – HOW PAID.
  7  2    An itemized, verified statement of all charges provided for
  7  3 in sections 255.8 and 255.13, in cases where the patient is
  7  4 admitted or accepted for treatment at the university hospital
  7  5 shall be filed with the superintendent of the university
  7  6 hospital, and upon the superintendent's recommendation when
  7  7 approved by the judge or clerk of the court under whose order
  7  8 the same were incurred board of supervisors, they the charges
  7  9 shall be charged included on the regular bill for the
  7 10 maintenance, transportation and treatment of the patient, and
  7 11 be audited and paid in the manner as hereinafter provided in
  7 12 this chapter.
  7 13    Sec. 17.  Section 255.21, Code 2003, is amended to read as
  7 14 follows:
  7 15    255.21  TREATMENT OUTSIDE HOSPITAL – ATTENDANT.
  7 16    If, in the judgment of the physician or surgeon to whom the
  7 17 patient has been assigned for treatment, continuous residence
  7 18 of the patient in the hospital is unnecessary, such patient
  7 19 may, by the hospital authorities, be sent to the patient's
  7 20 home or other appropriate place, and be required to return to
  7 21 the hospital when and for such length of time as may be for
  7 22 the patient's benefit.  The hospital authorities may, if
  7 23 necessary, appoint an attendant to accompany such patient and
  7 24 discharged patients, and the compensation of such attendant
  7 25 shall be fixed by the state board of regents and charged by
  7 26 the hospital as part of the costs of transporting patients.
  7 27 The compensation paid to and the expenses of the attendant
  7 28 shall be audited and paid in the same manner as is provided by
  7 29 law for the compensation of an attendant appointed by the
  7 30 court board of supervisors.
  7 31    Sec. 18.  Section 255.22, Code 2003, is amended to read as
  7 32 follows:
  7 33    255.22  TREATMENT AUTHORIZED.
  7 34    No A minor or incompetent person shall not be treated for
  7 35 any malady or deformity except such as is reasonably well
  8  1 described in the order of court or the report of the examining
  8  2 physician, unless permission for such treatment is provided
  8  3 for in the order of court, or is granted by the person's
  8  4 parents or guardian; but the physician in charge may
  8  5 administer such treatment or perform such surgical operations
  8  6 as are usually required in cases of emergency.
  8  7    Sec. 19.  Section 255.27, Code 2003, is amended to read as
  8  8 follows:
  8  9    255.27  FACULTY TO PREPARE BLANKS – PRINTING.
  8 10    The medical faculty of the state university hospital shall
  8 11 from time to time prepare blanks containing questions and
  8 12 requiring information that it finds necessary and proper to be
  8 13 obtained by the physician who examines a patient under order
  8 14 of court the board of supervisors.  The blanks shall be
  8 15 printed by the state, and a sufficient supply shall be
  8 16 furnished by the state printing administrator to the clerk of
  8 17 each juvenile court in the state county general assistance
  8 18 director.  The cost of printing the blanks shall be audited,
  8 19 allowed, and paid in the same manner as other bills for public
  8 20 printing.
  8 21    Sec. 20.  Section 321.20B, subsection 4, paragraph b,
  8 22 subparagraph (1), unnumbered paragraph 1, Code 2003, is
  8 23 amended to read as follows:
  8 24    An owner or driver who produces to the clerk of court,
  8 25 within thirty days of the issuance of the citation under
  8 26 paragraph "a", or prior to the date of the individual's court
  8 27 appearance as indicated on the citation, whichever is earlier,
  8 28 proof that financial liability coverage was in effect for the
  8 29 motor vehicle at the time the person was stopped and cited,
  8 30 or, if the driver is not the owner of the motor vehicle, proof
  8 31 that liability coverage was in effect for the driver with
  8 32 respect to the motor vehicle being driven at the time the
  8 33 driver was stopped and cited, in the same manner as if the
  8 34 motor vehicle were owned by the driver, shall be given a
  8 35 receipt indicating that such proof was provided and be subject
  9  1 to one of the following:
  9  2    Sec. 21.  Section 321.20B, subsection 4, paragraph c, Code
  9  3 2003, is amended to read as follows:
  9  4    c.  An owner or driver cited for a violation of subsection
  9  5 1, who produces to the clerk of court within thirty days of
  9  6 the issuance of the citation prior to the date of the
  9  7 individual's court appearance as indicated on the citation
  9  8 proof that financial liability coverage was in effect for the
  9  9 motor vehicle at the time the person was stopped and cited,
  9 10 shall not be convicted of such violation and the citation
  9 11 issued shall be dismissed.
  9 12    Sec. 22.  Section 321.20B, subsection 5, paragraph b, Code
  9 13 2003, is amended to read as follows:
  9 14    b.  Issue a citation.  An owner or driver who produces to
  9 15 the clerk of court within thirty days of the issuance of the
  9 16 citation, or prior to the date of the individual's court
  9 17 appearance as indicated on the citation, whichever is earlier,
  9 18 proof that the financial liability coverage was in effect for
  9 19 the motor vehicle at the time the person was stopped and
  9 20 cited, or if the driver is not the owner of the motor vehicle,
  9 21 proof that liability coverage was in effect for the driver
  9 22 with respect to the motor vehicle being driven at the time the
  9 23 driver was stopped and cited in the same manner as if the
  9 24 motor vehicle were owned by the driver, shall be given a
  9 25 receipt indicating that proof was provided, and the citation
  9 26 issued shall be dismissed.
  9 27    Sec. 23.  Section 321.484, unnumbered paragraph 2, Code
  9 28 2003, is amended to read as follows:
  9 29    The owner of a vehicle shall not be held responsible for a
  9 30 violation of a provision regulating the stopping, standing, or
  9 31 parking of a vehicle, whether the provision is contained in
  9 32 this chapter, or chapter 321L, or an ordinance or other
  9 33 regulation or rule, if the owner establishes that at the time
  9 34 of the violation the vehicle was in the custody of an
  9 35 identified person other than the owner pursuant to a lease as
 10  1 defined in chapter 321F or pursuant to a rental agreement as
 10  2 defined in section 516D.3.  The furnishing to the clerk of the
 10  3 district court county attorney where the charge is pending of
 10  4 a copy of the lease prescribed by section 321F.6 or rental
 10  5 agreement that was in effect for the vehicle at the time of
 10  6 the alleged violation shall be prima facie evidence that the
 10  7 vehicle was in the custody of an identified person other than
 10  8 the owner within the meaning of this paragraph, and the charge
 10  9 against the owner shall be dismissed.  The clerk of the
 10 10 district court then shall cause a uniform citation and
 10 11 complaint to be issued against the lessee or renter of the
 10 12 vehicle, and the citation shall be served upon the defendant
 10 13 by ordinary mail directed to the defendant at the address
 10 14 shown in the lease or rental agreement.
 10 15    Sec. 24.  Section 331.653, Code 2003, is amended by adding
 10 16 the following new subsection:
 10 17    NEW SUBSECTION.  23A.  Carry out duties related to service
 10 18 of a summons, notice, or subpoena pursuant to sections 232.35,
 10 19 232.37, and 232.88.
 10 20    Sec. 25.  Section 598.21, Code 2003, is amended by adding
 10 21 the following new subsection:
 10 22    NEW SUBSECTION.  10A.  If the court modifies an order, and
 10 23 the original decree was entered in another county in Iowa, the
 10 24 clerk of court shall send a copy of the modification by
 10 25 regular mail, electronic transmission, or facsimile to the
 10 26 clerk of court for the county where the original decree was
 10 27 entered.
 10 28    Sec. 26.  Section 602.1304, subsection 2, paragraph a, Code
 10 29 2003, is amended to read as follows:
 10 30    a.  The enhanced court collections fund is created in the
 10 31 state treasury under the authority of the supreme court.  The
 10 32 fund shall be separate from the general fund of the state and
 10 33 the balance in the fund shall not be considered part of the
 10 34 balance of the general fund of the state.  Notwithstanding
 10 35 section 8.33, moneys in the fund shall not revert to the
 11  1 general fund, unless and to the extent the total amount of
 11  2 moneys deposited into the fund in a fiscal year would exceed
 11  3 the maximum annual deposit amount established for the
 11  4 collections fund by the general assembly.  The initial maximum
 11  5 annual deposit amount for a fiscal year is four six million
 11  6 dollars.  Notwithstanding section 12C.7, subsection 2,
 11  7 interest or earnings on moneys in the collections fund shall
 11  8 remain in the collections fund and any interest and earnings
 11  9 shall be in addition to the maximum annual deposit amount.
 11 10    Sec. 27.  Section 602.6111, Code 2003, is amended by
 11 11 striking the section and inserting in lieu thereof the
 11 12 following:
 11 13    602.6111  IDENTIFICATION ON DOCUMENTS FILED WITH THE CLERK.
 11 14    1.  Any party, other than the state or a political
 11 15 subdivision of the state, filing a petition or complaint,
 11 16 answer, appearance, first motion, or any document filed with
 11 17 the clerk of the district court which brings a new party into
 11 18 a proceeding shall provide the clerk of the district court
 11 19 with the following information when applicable:
 11 20    a.  An employer identification number if a number has been
 11 21 assigned.
 11 22    b.  The birth date of the party.
 11 23    c.  The social security number of the party.
 11 24    2.  Any party, except the child support recovery unit,
 11 25 filing a petition, complaint, answer, appearance, first
 11 26 motion, or any document with the clerk of the district court
 11 27 to establish or modify an order for child support under
 11 28 chapter 236, 252A, 252K, 598, or 600B shall provide the clerk
 11 29 of the district court with the date of birth and social
 11 30 security number of the child.
 11 31    3.  A party shall provide the information pursuant to this
 11 32 section in the manner required by rules or directives
 11 33 prescribed by the supreme court.  The clerk of the district
 11 34 court shall keep a social security number provided pursuant to
 11 35 this section confidential in accordance with the rules and
 12  1 directives prescribed by the supreme court.
 12  2    Sec. 28.  Section 602.8102, subsection 9, Code 2003, is
 12  3 amended to read as follows:
 12  4    9.  Enter in the appearance docket a memorandum of the date
 12  5 of filing of all petitions, demurrers, answers, motions, or
 12  6 papers of any other description in the cause.  A pleading of
 12  7 any description is considered filed when the clerk entered the
 12  8 date the pleading was received on the pleading and the
 12  9 pleading shall not be taken from the clerk's office until the
 12 10 memorandum is made.  The memorandum shall be made before the
 12 11 end of the next working day within two business days of a new
 12 12 petition or order being filed, and as soon as practicable for
 12 13 all other pleadings.  Thereafter, when a demurrer or motion is
 12 14 sustained or overruled, a pleading is made or amended, or the
 12 15 trial of the cause, rendition of the verdict, entry of
 12 16 judgment, issuance of execution, or any other act is done in
 12 17 the progress of the cause, a similar memorandum shall be made
 12 18 of the action, including the date of action and the number of
 12 19 the book and page of the record where the entry is made.  The
 12 20 appearance docket is an index of each suit from its
 12 21 commencement to its conclusion.
 12 22    Sec. 29.  Section 602.8102, subsection 11, Code 2003, is
 12 23 amended to read as follows:
 12 24    11.  Refund amounts less than one dollar three dollars only
 12 25 upon written application.
 12 26    Sec. 30.  Section 602.8106, subsection 1, paragraphs b, c,
 12 27 d, and e, Code 2003, are amended to read as follows:
 12 28    b.  For filing and docketing of a complaint or information
 12 29 for a simple misdemeanor and a complaint or information for a
 12 30 nonscheduled simple misdemeanor under chapter 321, twenty-five
 12 31 seventeen dollars.
 12 32    c.  For filing and docketing a complaint or information or
 12 33 uniform citation and complaint for parking violations under
 12 34 sections 321.236, 321.239, 321.358, 321.360, and 321.361, one
 12 35 dollar eight dollars, effective January 1, 1991 2004.  The
 13  1 court costs in cases of parking meter and overtime parking
 13  2 violations which are denied, and charged and collected
 13  3 pursuant to section 321.236, subsection 1, or pursuant to a
 13  4 uniform citation and complaint, are eight dollars per
 13  5 information or complaint or per uniform citation and complaint
 13  6 effective January 1, 1991.
 13  7    d.  The court costs in scheduled violation cases where a
 13  8 court appearance is required are twenty-five, seventeen
 13  9 dollars.
 13 10    e.  For court costs in scheduled violation cases where a
 13 11 court appearance is not required, fifteen seventeen dollars.
 13 12    Sec. 31.  Section 624.20, Code 2003, is amended to read as
 13 13 follows:
 13 14    624.20  SATISFACTION OF JUDGMENT.
 13 15    Where a judgment is set aside or satisfied by execution or
 13 16 otherwise, the clerk shall at once enter a memorandum thereof
 13 17 on the column left for that purpose in the judgment docket.
 13 18 However, the clerk may enter satisfaction of judgment if the
 13 19 amount of the judgment that is unsatisfied is one dollar three
 13 20 dollars or less.
 13 21    Sec. 32.  Section 631.5, subsection 6, Code 2003, is
 13 22 amended to read as follows:
 13 23    6.  DEFAULT.  If a defendant fails to appear and the clerk
 13 24 in accordance with subsection 4 determines that proper notice
 13 25 has been given, judgment shall be rendered against the
 13 26 defendant by the clerk if the relief is readily ascertainable.
 13 27 If the relief is not readily ascertainable the claim shall be
 13 28 assigned to a judicial magistrate for determination and the
 13 29 clerk shall immediately notify the plaintiff or the
 13 30 plaintiff's attorney and the judicial magistrate of such
 13 31 assignment by ordinary mail.
 13 32    Sec. 33.  Section 631.6, subsection 1, paragraph c, Code
 13 33 2003, is amended to read as follows:
 13 34    c.  Postage charged for the mailing of original notice
 13 35 shall be the actual costs of the postage eight dollars.
 14  1    Sec. 34.  Section 633.47, Code 2003, is amended to read as
 14  2 follows:
 14  3    633.47  PROOF OF SERVICE AND TAXATION PAYMENT OF COSTS.
 14  4    Proof of service of any notice, required by this Code or by
 14  5 order of court, including those by publication, shall be filed
 14  6 with the clerk.  The costs of serving any notice given by the
 14  7 fiduciary shall be taxed by the clerk as part of the costs of
 14  8 administration in said be paid directly by the estate.
 14  9    Sec. 35.  Section 633.301, Code 2003, is amended to read as
 14 10 follows:
 14 11    633.301  COPY OF WILL FOR EXECUTOR.
 14 12    When a will has been admitted to probate and certified
 14 13 pursuant to section 633.300, the clerk shall cause an
 14 14 authenticated a certified copy thereof to be placed in the
 14 15 hands of the executor to whom letters are issued.  The clerk
 14 16 shall retain the will in a separate file provided for that
 14 17 purpose until the time for contest has expired, and promptly
 14 18 thereafter shall place it with the files of the estate.
 14 19    Sec. 36.  Section 633.479, unnumbered paragraph 2, Code
 14 20 2003, is amended to read as follows:
 14 21    An order approving the final report and discharging the
 14 22 personal representative shall not be required if all
 14 23 distributees otherwise entitled to notice are adults, under no
 14 24 legal disability, have signed waivers of notice as provided in
 14 25 section 633.478, have signed statements of consent agreeing
 14 26 that the prayer of the final report shall constitute an order
 14 27 approving the final report and discharging the personal
 14 28 representative, and if the statements of consent are dated not
 14 29 more than thirty days prior to the date of the final report,
 14 30 and if compliance with sections 422.27 and 450.58 have been
 14 31 fulfilled and receipts and certificates are on file.  In those
 14 32 instances final order shall not be required and the prayer of
 14 33 the final report shall be considered as granted and shall have
 14 34 the same force and effect as an order of discharge of the
 14 35 personal representative and an order approving the final
 15  1 report.  The clerk shall comply with section 633.480 with
 15  2 respect to issuing a change of title.
 15  3    Sec. 37.  Section 633.480, Code 2003, is amended to read as
 15  4 follows:
 15  5    633.480  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
 15  6 WITH ADMINISTRATION.
 15  7    After discharge as provided in section 633.479, the clerk
 15  8 shall certify under chapter 558 relative to each parcel of
 15  9 real estate the personal representative shall deliver to the
 15 10 county recorder of the county in which the real estate is
 15 11 situated a certificate pertaining to each parcel of real
 15 12 estate described in the final report of the personal
 15 13 representative which has not been sold by the personal
 15 14 representative, and deliver the certificate to the county
 15 15 recorder of the county in which the real estate is situated.
 15 16 The certificate shall include the name and complete mailing
 15 17 address, as shown on the final report, of the individual or
 15 18 entity in whose name each parcel of real estate is to be
 15 19 taxed.  The county recorder shall deliver the certificate to
 15 20 the county auditor as provided in section 558.58.
 15 21    Sec. 38.  Section 633.481, Code 2003, is amended to read as
 15 22 follows:
 15 23    633.481  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
 15 24 WITHOUT ADMINISTRATION.
 15 25    When an inventory or report is filed under section 450.22,
 15 26 without administration of the estate of the decedent, the
 15 27 clerk heir or heir's attorney shall issue prepare and deliver
 15 28 to the county recorder of the county in which the real estate
 15 29 is situated a certificate pertaining to each parcel of real
 15 30 estate described in the inventory or report.  Any fees for
 15 31 certificates or recording fees required by this section or
 15 32 section 633.480 shall be assessed as costs of administration.
 15 33 The fee for recording and indexing the instrument shall be as
 15 34 provided in section 331.604.  The county recorder shall
 15 35 deliver the certificates to the county auditor as provided in
 16  1 section 558.58.
 16  2    Sec. 39.  Section 635.7, Code 2003, is amended to read as
 16  3 follows:
 16  4    635.7  REPORT AND INVENTORY – EXCESS VALUE AND
 16  5 TERMINATION.
 16  6    The executor or administrator is required to file the
 16  7 report and inventory for which provision is made in section
 16  8 633.361.  Nothing in sections 635.1 to 635.3 shall exempt the
 16  9 executor or administrator from complying with the requirements
 16 10 of section 422.27, 450.22, or 450.58, or the clerk from
 16 11 complying with the requirements of section 633.481.  If the
 16 12 inventory and report shows assets subject to the jurisdiction
 16 13 of this state which exceed the total gross value of the amount
 16 14 permitted the small estate under the applicable provision of
 16 15 section 635.1, the clerk shall terminate the letters issued
 16 16 under section 635.1 without prejudice to the rights of persons
 16 17 who delivered property as permitted under section 635.3.  The
 16 18 executor or administrator shall then be required to petition
 16 19 for administration of the estate as provided in chapter 633.
 16 20    Sec. 40.  Section 668.13, subsection 3, Code 2003, is
 16 21 amended to read as follows:
 16 22    3.  Interest shall be calculated as of the date of judgment
 16 23 at a rate equal to the one-year treasury constant maturity
 16 24 index published by the federal reserve in the H15 report
 16 25 settled immediately prior to the date of the judgment plus two
 16 26 percent.  The state court administrator shall distribute
 16 27 notice monthly of that rate and any changes to that rate to
 16 28 all district courts.
 16 29    Sec. 41.  Section 902.4, Code 2003, is amended to read as
 16 30 follows:
 16 31    902.4  RECONSIDERATION OF FELON'S SENTENCE.
 16 32    For a period of one year from the date when a person
 16 33 convicted of a felony, other than a class "A" felony or a
 16 34 felony for which a minimum sentence of confinement is imposed,
 16 35 begins to serve a sentence of confinement, the court, on its
 17  1 own motion or on the recommendation of the director of the
 17  2 Iowa department of corrections, may order the person to be
 17  3 returned to the court, at which time the court may review its
 17  4 previous action and reaffirm it or substitute for it any
 17  5 sentence permitted by law.  Copies of the order to return the
 17  6 person to the court shall be provided to the attorney for the
 17  7 state, the defendant's attorney, and the defendant.  Upon a
 17  8 request of the attorney for the state, the defendant's
 17  9 attorney, or the defendant if the defendant has no attorney,
 17 10 the court may, but is not required to, conduct a hearing on
 17 11 the issue of reconsideration of sentence.  The court shall not
 17 12 disclose its decision to reconsider or not to reconsider the
 17 13 sentence of confinement until the date reconsideration is
 17 14 ordered or the date the one-year period expires, whichever
 17 15 occurs first.  The district court retains jurisdiction for the
 17 16 limited purposes of conducting such review and entering an
 17 17 appropriate order notwithstanding the timely filing of a
 17 18 notice of appeal.  The court's final order in the proceeding
 17 19 shall be delivered to the defendant personally or by certified
 17 20 regular mail.  The court's decision to take the action or not
 17 21 to take the action is not subject to appeal.  However, for the
 17 22 purposes of appeal, a judgment of conviction of a felony is a
 17 23 final judgment when pronounced.
 17 24    Sec. 42.  Section 903.2, Code 2003, is amended to read as
 17 25 follows:
 17 26    903.2  RECONSIDERATION OF MISDEMEANANT'S SENTENCE.
 17 27    For a period of thirty days from the date when a person
 17 28 convicted of a misdemeanor begins to serve a sentence of
 17 29 confinement, the court may order the person to be returned to
 17 30 the court, at which time the court may review its previous
 17 31 action and reaffirm it or substitute for it any sentence
 17 32 permitted by law.  The sentencing court retains jurisdiction
 17 33 for the limited purposes of conducting such review and
 17 34 entering an appropriate order notwithstanding the timely
 17 35 filing of a notice of appeal or an application for
 18  1 discretionary review.  The court's final order in  the
 18  2 proceeding shall be delivered to the defendant personally or
 18  3 by certified regular mail.  Such action is discretionary with
 18  4 the court and its decision to take the action or not to take
 18  5 the action is not subject to appeal.  The other provisions of
 18  6 this section notwithstanding, for the purposes of appeal a
 18  7 judgment of conviction is a final judgment when pronounced.
 18  8    Sec. 43.  Section 907.4, Code 2003, is amended to read as
 18  9 follows:
 18 10    907.4  DEFERRED JUDGMENT DOCKET.
 18 11    A deferment of judgment under section 907.3 shall be
 18 12 reported entered promptly by the clerk of the district court,
 18 13 or the clerk's designee, to the state court administrator for
 18 14 entry in into the deferred judgment docket database of the
 18 15 state, which shall serve as the deferred judgment docket.  The
 18 16 docket shall contain a permanent record of the deferred
 18 17 judgment including the name and date of birth of the
 18 18 defendant, the district court docket number, the nature of the
 18 19 offense, and the date of the deferred judgment.  Before
 18 20 granting deferred judgment in any case, the court shall
 18 21 request of the state court administrator a search of the
 18 22 deferred judgment docket and shall consider any prior record
 18 23 of a deferred judgment against the defendant.  The permanent
 18 24 record provided for in this section is a confidential record
 18 25 exempted from public access under section 22.7 and shall be
 18 26 available only to justices of the supreme court, judges of the
 18 27 court of appeals, district judges, district associate judges,
 18 28 judicial magistrates, clerks of the district court, and county
 18 29 attorneys, and the department of corrections requesting
 18 30 information pursuant to this section, or the designee of a
 18 31 justice, judge, magistrate, clerk, or county attorney, or
 18 32 department.
 18 33    Sec. 44.  Section 633.15, Code 2003, is repealed.  
 18 34                           EXPLANATION
 18 35    This bill relates to procedures and duties of the judicial
 19  1 branch.
 19  2    The amendments to Code sections 232.35, 232.37, and 331.653
 19  3 require the county sheriff to serve a summons, notice, or
 19  4 subpoena in a juvenile delinquency proceeding.  The amendment
 19  5 to Code section 232.37 also requires the sheriff to serve a
 19  6 summons, subpoenas, or other legal process in child in need of
 19  7 assistance proceedings under Code section 232.88.
 19  8    The amendments to Code sections 232.183 and 237.20
 19  9 eliminate the participation of the foster care review board in
 19 10 voluntary foster care placements and in reviewing delinquency
 19 11 cases involving foster care.
 19 12    The amendment to Code section 236.3 requires that in a
 19 13 contempt action for violation of a no contact domestic abuse
 19 14 order, the filing fee and court costs for the victim shall be
 19 15 waived by the court.
 19 16    The amendments to Code chapter 255 relate to petitioning
 19 17 for medical treatment of indigent persons.  The bill provides
 19 18 that the county general assistance director and not the clerk
 19 19 of court shall file a complaint to appoint a physician to
 19 20 examine an indigent person.  The bill principally substitutes
 19 21 the county general assistance director for the clerk of court
 19 22 in administering a complaint for indigent care and scheduling
 19 23 hearings and notifying parties.  The bill also principally
 19 24 substitutes the board of supervisors for the court in
 19 25 reviewing the case and issuing findings.
 19 26    The amendments to Code section 321.20B relate to the
 19 27 criminal offense of driving a motor vehicle without liability
 19 28 insurance.  The bill provides that an owner or driver charged
 19 29 with a violation of Code section 321.20B may present proof of
 19 30 liability coverage prior to the court date to have the charge
 19 31 dismissed.  Current law provides that the owner or driver
 19 32 present proof of coverage to the clerk of court within 30 days
 19 33 of the issuance of the citation to obtain a dismissal.
 19 34    The amendment to Code section 321.484 relates to parking
 19 35 violations.  The bill provides that an owner of a vehicle
 20  1 which has been issued a ticket may have the ticket dismissed
 20  2 if the owner can furnish proof to the county attorney that a
 20  3 lessee or renter had custody of the vehicle when the ticket
 20  4 was issued.  Current law provides that the owner of a vehicle
 20  5 show proof of coverage to the clerk of court and the clerk
 20  6 issue a new ticket if the owner was not in custody of the
 20  7 vehicle.
 20  8    The amendment to Code section 598.21 relates to modifying a
 20  9 dissolution decree in a county other than the county where the
 20 10 original decree was entered.  The bill provides that upon
 20 11 entering a modification in another county, the clerk shall
 20 12 notify by regular mail, electronic transmission, or fascimile
 20 13 the clerk of court in the county where the original decree was
 20 14 entered.
 20 15    The amendment to Code section 602.1304 increases the
 20 16 maximum annual deposit into the enhanced court collections
 20 17 fund from $4 million to $6 million.  Certain moneys collected
 20 18 by the judicial branch are deposited into the fund and the
 20 19 moneys are used for the Iowa court information system, for
 20 20 records management equipment, services, and projects, and for
 20 21 other court technological improvements.
 20 22    The amendment to Code section 602.6111 requires any party,
 20 23 other than the state or a political subdivision of the state,
 20 24 upon the party's first appearance in a court proceeding to
 20 25 provide the clerk with the following information:  an employer
 20 26 identification number if one has been assigned, a social
 20 27 security number, and the birth date of the party.  The bill
 20 28 provides that in proceedings modifying child support the clerk
 20 29 shall be provided with the child's date of birth and social
 20 30 security number.  The bill provides that the clerk of court
 20 31 shall keep the party's social security number confidential.
 20 32    The amendment to Code section 602.8102(9) allows the clerk
 20 33 of court to enter in the appearance docket a memorandum of the
 20 34 date of filing of a new petition or order within two business
 20 35 days of the filing of the document.  The bill also permits the
 21  1 clerk of court to complete the memorandum for all other
 21  2 pleadings as soon as practicable.  This amendment does not
 21  3 change the date in which the pleading is filed.  However, a
 21  4 pleading may not be removed from the office of the clerk of
 21  5 court until the memorandum is completed.
 21  6    The amendment to Code sections 602.8102(11) and 624.20
 21  7 relate to entering a satisfaction of judgment by the clerk of
 21  8 court and court refunds.  The bill permits the clerk of court
 21  9 to enter a satisfaction of judgment if the amount of the
 21 10 unsatisfied judgment is less than $3.  The bill also requires
 21 11 that if a party is due a refund from the clerk's office, the
 21 12 clerk need not refund the money if the amount of money due is
 21 13 less than $3, unless the party requests a refund in writing.
 21 14 Current law provides that a satisfaction shall not be entered
 21 15 unless the dollar amount is less than $1, and money need not
 21 16 be refunded to a party if the amount is less than $1.
 21 17    The amendment to Code section 602.8106(1)(b) changes the
 21 18 filing fee assessed for nonscheduled simple misdemeanors from
 21 19 $25 to $17.
 21 20    The amendment to Code section 602.8106(1)(c) changes the
 21 21 filing fee assessed for certain parking violations.  The bill
 21 22 increases the filing fees for parking violations pursuant to
 21 23 Code section 321.236 other than violations in subsection 1,
 21 24 and pursuant to Code sections 321.239, 321.358, 321.360, and
 21 25 321.361, from $1 to $8, effective January 1, 2004.
 21 26    The amendment to Code section 602.8106(1)(d) decreases the
 21 27 court costs assessed in a scheduled violation case where a
 21 28 court appearance is required from $25 to $17.
 21 29    The amendment to Code section 602.8106(1)(e) increases the
 21 30 amount of court costs assessed in a scheduled violation case
 21 31 where a court appearance is not required from $15 to $17.
 21 32    The amendment to Code section 631.5 eliminates the
 21 33 requirement that the clerk of court notify the parties of a
 21 34 default judgment entered in small claims court if the amount
 21 35 of the judgment is not readily ascertainable by the clerk and
 22  1 of assignment to a magistrate.
 22  2    The amendment to Code section 631.6 permits the clerk of
 22  3 court to charge a flat fee of $8 for postage in a small claims
 22  4 action rather than the actual cost of the postage.
 22  5    The amendment to Code section 633.47 requires that the
 22  6 costs of serving any notice given by the fiduciary shall be
 22  7 paid directly by the estate rather than taxed as court costs.
 22  8    The amendment to Code section 633.301 requires the clerk of
 22  9 court to deliver a certified copy of a will to an executor
 22 10 upon the filing of the original will with the clerk of court.
 22 11 Current law requires the will be authenticated.
 22 12    The amendments to Code sections 633.479, 633.480, 633.481,
 22 13 and 635.7 eliminate the clerk of court's responsibility to
 22 14 prepare a court officer's deed for the purpose of transferring
 22 15 real property in an estate that has been opened with or
 22 16 without administration.  The bill provides that the heir, the
 22 17 heir's attorney, or the personal representative shall be
 22 18 responsible for preparing the documents for change of title
 22 19 and delivering the documents to the county recorder.
 22 20    The amendment to Code section 668.13 provides that interest
 22 21 on a judgment be calculated upon the one year treasury
 22 22 constant maturity published by the federal reserve, plus 2
 22 23 percent.
 22 24    The amendments to Code sections 902.4 and 903.2 permit the
 22 25 clerk of court to deliver by regular mail the court's final
 22 26 order from a reconsideration of sentence hearing.  Current law
 22 27 requires the final order to be mailed by certified mail.
 22 28    The amendment to Code section 907.4 requires the judge to
 22 29 search the deferred judgment docket rather than the state
 22 30 court administrator.  The bill provides the deferred judgment
 22 31 docket shall be on a searchable database.  The bill also
 22 32 permits the department of corrections to have access to
 22 33 deferred judgment records.  Current law only permits the
 22 34 courts and the county attorney access to the records.
 22 35    The repeal of Code section 633.15 eliminates the
 23  1 requirement that probate court always be open for business.  
 23  2 LSB 1209HV 80
 23  3 jm/sh/8.1

Text: HF00642                           Text: HF00644
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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