Text: HF02441 Text: HF02443 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 305.2, subsection 1, Code Supplement 1 2 2003, is amended to read as follows: 1 3 1. "Agency" means any executive or legislative branch 1 4 department, office, commission, board, or other unit of state 1 5 government except as otherwise provided by law. 1 6 Sec. 2. Section 321.174, subsection 3, Code 2003, is 1 7 amended to read as follows: 1 8 3. A licensee shall have the licensee's driver's license 1 9 in immediate possession at all times when operating a motor 1 10 vehicle and shall display the same, upon demand of a judicial 1 11 magistrate, district associate judge, district judge, peace 1 12 officer, or examiner of the department. However, a person 1 13 charged with violating this subsection shall not be convicted 1 14 if the person producesin court, within a reasonable time,to 1 15 the clerk of the district court, prior to the licensee's court 1 16 date indicated on the citation, a driver's license issued to 1 17 that person and valid for the vehicle operated at the time of 1 18 the person's arrest or at the time the person was charged with 1 19 a violation of this section. 1 20 Sec. 3. Section 602.8101, subsection 3, Code 2003, is 1 21 amended to read as follows: 1 22 3. The clerk may employdeputies, assistants, and clerks1 23 staff when authorized under section 602.1402 and when 1 24 authorized by the chief judge of the judicial district. The 1 25 clerk is responsible for the acts of these employees.Each1 26first deputyThe clerk shall designate one or more employees 1 27 who shall give bond as provided in chapter 64. 1 28 Sec. 4. Section 602.8102, subsections 13 and 57, Code 1 29 Supplement 2003, are amended by striking the subsections. 1 30 Sec. 5. Section 602.8104, subsection 2, paragraph j, Code 1 31 2003, is amended by striking the paragraph. 1 32 Sec. 6. Section 602.8106, subsection 1, Code Supplement 1 33 2003, is amended by adding the following new paragraph: 1 34 NEW PARAGRAPH. g. For a motion to show cause in a 1 35 criminal case, the fee shall be the same amount as the fee for 2 1 filing and docketing a complaint, information, or citation for 2 2 the underlying criminal case from which the motion arises. 2 3 Sec. 7. Section 633.31, subsection 2, paragraph i, Code 2 4 2003, is amended to read as follows: 2 5 i. For certifying change of title ................10.002 6 20.00 2 7 Sec. 8. Section 635.7, Code Supplement 2003, is amended to 2 8 read as follows: 2 9 635.7 REPORT AND INVENTORY – EXCESS VALUE AND 2 10 TERMINATION. 2 11 The executor or administrator is required to file the 2 12 report and inventory for which provision is made in section 2 13 633.361. Nothing in sections 635.1 to 635.3 shall exempt the 2 14 executor or administrator from complying with the requirements 2 15 of section 422.27, 450.22, 450.58,or633.480, or 633.481. If 2 16 the inventory and report shows assets subject to the 2 17 jurisdiction of this state which exceed the total gross value 2 18 of the amount permitted the small estate under the applicable 2 19 provision of section 635.1, the clerk shall terminate the 2 20 letters issued under section 635.1 without prejudice to the 2 21 rights of persons who delivered property as permitted under 2 22 section 635.3. The executor or administrator shall then be 2 23 required to petition for administration of the estate as 2 24 provided in chapter 633. 2 25 Sec. 9. Section 636.13, Code 2003, is repealed. 2 26 EXPLANATION 2 27 This bill relates to the procedures and duties of the clerk 2 28 of the district court and the judicial branch. 2 29 The bill makes the state records and archives Act in Code 2 30 chapter 305 applicable to the executive and legislative 2 31 branches exclusively. 2 32 The bill provides that a person issued a citation for 2 33 failing to carry their driver's license while operating a 2 34 motor vehicle shall not be convicted of this offense if the 2 35 person produces their driver's license to the clerk of the 3 1 district court prior to going to court. Current law provides 3 2 that a person shall not be convicted of failing to carry their 3 3 driver's license while operating a motor vehicle if the person 3 4 presents their license at the time of the person's arrest or 3 5 at the time the person is charged with failing to carry a 3 6 driver's license while operating a motor vehicle. 3 7 The bill equalizes the fee for certifying a change of title 3 8 in an estate with other change of title certifications 3 9 pursuant to Code section 602.8105 by increasing the change of 3 10 title certification fee in an estate from $10 to $20. The 3 11 distribution of the fee is governed by Code section 602.8108. 3 12 The bill creates a fee for filing a motion to show cause in 3 13 a criminal case. The fee shall be the same as the fee for 3 14 filing and docketing a complaint, information, or citation for 3 15 the underlying criminal case from which the motion arises. 3 16 The bill provides that the clerk of the district court may 3 17 have employees when authorized. Current law provides that the 3 18 clerk of the district court may employ deputies, assistants, 3 19 and clerks. 3 20 The bill provides the executor or administrator of an 3 21 estate shall comply with the requirements of Code section 3 22 633.480, which require the executor or administrator to 3 23 deliver certificates pertaining to each parcel of real estate 3 24 to the county recorder. 3 25 The bill repeals Code section 636.13, which requires the 3 26 clerk of the district court to keep a book of surety company 3 27 certificates and revocations. 3 28 LSB 5284HV 80 3 29 jm/sh/8
Text: HF02441 Text: HF02443 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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