Text: S03330                            Text: S03332
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3331

Amendment Text

PAG LIN
  1  1    Amend Senate File 418 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 46.12, unnumbered paragraph 1,
  1  5 Code 2003, is amended to read as follows:
  1  6    When a vacancy occurs or will occur within one
  1  7 hundred twenty days in the supreme court, the court of
  1  8 appeals, or district court, the state commissioner of
  1  9 elections shall forthwith so notify the chairperson of
  1 10 the proper judicial nominating commission, unless the
  1 11 chief justice has ordered the state commissioner of
  1 12 elections to delay sending the notification.  The
  1 13 chief justice may order the delay for up to one
  1 14 hundred eighty days for budgetary reasons.  The
  1 15 chairperson shall call a meeting of the commission
  1 16 within ten days after such notice; if the chairperson
  1 17 fails to do so, the chief justice shall call such
  1 18 meeting.
  1 19    Sec. 2.  Section 46.14, Code 2003, is amended to
  1 20 read as follows:
  1 21    46.14  NOMINATION.
  1 22    1.  Each judicial nominating commission shall
  1 23 carefully consider the individuals available for
  1 24 judge, and within sixty days after receiving notice of
  1 25 a vacancy shall certify to the governor and the chief
  1 26 justice the proper number of nominees, in alphabetical
  1 27 order.  Such nominees shall be chosen by the
  1 28 affirmative vote of a majority of the full statutory
  1 29 number of commissioners upon the basis of their
  1 30 qualifications and without regard to political
  1 31 affiliation.  Nominees shall be members of the bar of
  1 32 Iowa, shall be residents of the state or district of
  1 33 the court to which they are nominated, and shall be of
  1 34 such age that they will be able to serve an initial
  1 35 and one regular term of office to which they are
  1 36 nominated before reaching the age of seventy-two
  1 37 years.  Nominees for district judge shall file a
  1 38 certified application form, to be provided by the
  1 39 supreme court, with the chairperson of the district
  1 40 judicial nominating commission.  No person shall be
  1 41 eligible for nomination by a commission as judge
  1 42 during the term for which the person was elected or
  1 43 appointed to that commission.  Absence of a
  1 44 commissioner or vacancy upon the commission shall not
  1 45 invalidate a nomination.  The chairperson of the
  1 46 commission shall promptly certify the names of the
  1 47 nominees, in alphabetical order, to the governor and
  1 48 the chief justice.
  1 49    2.  A commissioner shall not be eligible for
  1 50 nomination by the commission during the term for which
  2  1 the commissioner was elected or appointed to that
  2  2 commission.  A commissioner shall not be eligible to
  2  3 vote for the nomination of a family member, current
  2  4 law partner, or current business partner.  For
  2  5 purposes of this subsection, "family member" means a
  2  6 spouse, son, daughter, brother, sister, uncle, aunt,
  2  7 first cousin, nephew, niece, father-in-law, mother-in-
  2  8 law, son-in-law, daughter-in-law, brother-in-law,
  2  9 sister-in-law, father, mother, stepfather, stepmother,
  2 10 stepson, stepdaughter, stepbrother, stepsister, half
  2 11 brother, or half sister.
  2 12    Sec. 3.  Section 46.16, subsections 2 and 3, Code
  2 13 2003, are amended to read as follows:
  2 14    2.  Subject to removal for cause, the initial term
  2 15 of office of a district associate judge shall be for
  2 16 one year after appointment and until January 1
  2 17 following the next judicial election after expiration
  2 18 of such year, and the regular term of office of a
  2 19 district associate judge retained at a judicial
  2 20 election shall be four six years from the expiration
  2 21 of the initial or previous regular term, as the case
  2 22 may be.
  2 23    3.  Subject to removal for cause, the initial term
  2 24 of office of a full-time associate juvenile judge or a
  2 25 full-time associate probate judge shall be for one
  2 26 year after appointment and until January 1 following
  2 27 the next judicial election after expiration of such
  2 28 year, and the regular term of office of a full-time
  2 29 associate juvenile judge or a full-time associate
  2 30 probate judge retained at a judicial election shall be
  2 31 four six years from the expiration of the initial or
  2 32 previous regular term, as the case may be.
  2 33    Sec. 4.  Section 232.35, subsection 1, Code 2003,
  2 34 is amended to read as follows:
  2 35    1.  A formal judicial proceeding to determine
  2 36 whether a child has committed a delinquent act shall
  2 37 be initiated by the filing by the county attorney of a
  2 38 petition alleging that a child has committed a
  2 39 delinquent act.  After a petition has been filed,
  2 40 service of a summons requiring the child to appear
  2 41 before the court or service of a notice shall be made
  2 42 as provided in section 232.37.
  2 43    Sec. 5.  Section 232.37, subsection 4, Code 2003,
  2 44 is amended to read as follows:
  2 45    4.  Service of summons or notice shall be made
  2 46 personally by the sheriff by the delivery of
  2 47 delivering a copy of the summons or notice to the
  2 48 person being served.  If the court determines that
  2 49 personal service of a summons or notice is
  2 50 impracticable, the court may order service by
  3  1 certified mail addressed to the last known address.
  3  2 Service of summons or notice shall be made not less
  3  3 than five days before the time fixed for hearing.
  3  4 Service of summons, notice, subpoenas or other
  3  5 process, after an initial valid summons or notice,
  3  6 shall be made in accordance with the rules of the
  3  7 court governing such service in civil actions.
  3  8    Sec. 6.  Section 232.183, subsection 7, Code 2003,
  3  9 is amended by striking the subsection.
  3 10    Sec. 7.  Section 236.3, unnumbered paragraph 2,
  3 11 Code 2003, is amended to read as follows:
  3 12    The filing fee and court costs for an order for
  3 13 protection and in a contempt action under this chapter
  3 14 shall be waived for the plaintiff.  The clerk of
  3 15 court, the sheriff of any county in this state, and
  3 16 other law enforcement and corrections officers shall
  3 17 perform their duties relating to service of process
  3 18 without charge to the plaintiff.  When an order for
  3 19 protection is entered by the court, the court may
  3 20 direct the defendant to pay to the clerk of court the
  3 21 fees for the filing of the petition and reasonable
  3 22 costs of service of process if the court determines
  3 23 the defendant has the ability to pay the plaintiff's
  3 24 fees and costs.
  3 25    Sec. 8.  Section 237.20, unnumbered paragraph 1,
  3 26 Code 2003, is amended to read as follows:
  3 27    A local board shall, except in delinquency cases,
  3 28 do the following:
  3 29    Sec. 9.  Section 255.1, unnumbered paragraph 1,
  3 30 Code 2003, is amended to read as follows:
  3 31    Any adult resident of the state may file a
  3 32 complaint in the office of the clerk of any juvenile
  3 33 court, county general assistance director charging
  3 34 that any legal resident of Iowa residing in the county
  3 35 where the complaint is filed is pregnant or is
  3 36 suffering from some malady or deformity that can
  3 37 probably be improved or cured or advantageously
  3 38 treated by medical or surgical treatment or hospital
  3 39 care, and that neither such person nor persons legally
  3 40 chargeable with the person's support are able to pay
  3 41 therefor.
  3 42    Sec. 10.  Section 255.4, Code 2003, is amended to
  3 43 read as follows:
  3 44    255.4  EXAMINATION BY PHYSICIAN.
  3 45    Upon the filing of such complaint, the clerk shall
  3 46 number and index the same and county general
  3 47 assistance director shall appoint a competent
  3 48 physician and surgeon, living in the vicinity of the
  3 49 patient, who shall personally examine the patient with
  3 50 respect to said the pregnancy, malady, or deformity.
  4  1 The clerk director may, after the expiration of five
  4  2 years from the filing of a complaint, destroy it the
  4  3 complaint and all papers or records in connection
  4  4 therewith with the complaint.
  4  5    Sec. 11.  Section 255.5, Code 2003, is amended to
  4  6 read as follows:
  4  7    255.5  REPORT BY PHYSICIAN.
  4  8    Such physician shall make a report in duplicate on
  4  9 blanks furnished as hereinafter provided in this
  4 10 chapter, answering the questions contained therein in
  4 11 the blanks and setting forth the information required
  4 12 thereby, giving such history of the case as will be
  4 13 likely to aid the medical or surgical treatment or
  4 14 hospital care of such patient, describing the
  4 15 pregnancy, deformity, or malady in detail, and stating
  4 16 whether or not in the physician's opinion the same
  4 17 pregnancy, deformity, or malady can probably be
  4 18 improved or cured or advantageously treated, which
  4 19 report shall be filed in the office of the clerk
  4 20 within such time as the clerk may fix county general
  4 21 assistance director.
  4 22    Sec. 12.  Section 255.6, Code 2003, is amended to
  4 23 read as follows:
  4 24    255.6  INVESTIGATION AND REPORT.
  4 25    When a complaint is filed, the clerk of juvenile
  4 26 court in the office of the county general assistance
  4 27 director, the director shall furnish the county
  4 28 attorney and board of supervisors with a copy and the
  4 29 board shall, by the general assistance director or
  4 30 other agent it selects, make a thorough investigation
  4 31 of facts as to the legal residence of the patient, and
  4 32 the ability of the patient or others chargeable with
  4 33 the patient's support to pay the expense of treatment
  4 34 and care; and shall file a report of the investigation
  4 35 in the office of the clerk, with the board at or
  4 36 before the time of hearing.
  4 37    Sec. 13.  Section 255.7, Code 2003, is amended to
  4 38 read as follows:
  4 39    255.7  NOTICE OF HEARING – DUTY OF COUNTY
  4 40 ATTORNEY.
  4 41    When the physician's report has been filed, the
  4 42 clerk county general assistance director shall, with
  4 43 the consent of the court or judge, fix set a time and
  4 44 place for hearing of on the matter by the court, and
  4 45 the county attorney shall cause such patient and the
  4 46 parent or parents, guardian, or person having the
  4 47 legal custody of said patient, if under legal
  4 48 disability, to be served with such notice of the time
  4 49 and place of the hearing as the judge or clerk
  4 50 director may prescribe.
  5  1    Sec. 14.  Section 255.8, Code 2003, is amended to
  5  2 read as follows:
  5  3    255.8  HEARING – ORDER – EMERGENCY CASES –
  5  4 CANCELLATION OF COMMITMENTS DETERMINATION BY BOARD OF
  5  5 SUPERVISORS.
  5  6    The county attorney and the general assistance
  5  7 director, or other agent of the board of supervisors
  5  8 of the county, shall appear at the hearing.  The
  5  9 complainant, the county attorney, the general
  5 10 assistance director or other agent of the board of
  5 11 supervisors, and the patient, or any person
  5 12 representing the patient, may introduce evidence and
  5 13 be heard.  If the court board of supervisors finds
  5 14 that the patient is a legal resident of Iowa and is
  5 15 pregnant or is suffering from a malady or deformity
  5 16 which can probably be improved or cured or
  5 17 advantageously treated by medical or surgical
  5 18 treatment or hospital care, and that neither the
  5 19 patient nor any person legally chargeable with the
  5 20 patient's support is able to pay the expenses, then
  5 21 the clerk of court county general assistance director,
  5 22 except in obstetrical cases and orthopedic cases,
  5 23 shall immediately ascertain from the admitting
  5 24 physician at the university hospital whether the
  5 25 person can be received as a patient within a period of
  5 26 thirty days, and if the patient can be received, the
  5 27 court, or in the event of no actual contest, the clerk
  5 28 of the court, board shall enter an order directing
  5 29 direct that the patient be sent to the university
  5 30 hospital for proper medical and surgical treatment and
  5 31 hospital care.  If the court ascertain board
  5 32 ascertains, except in obstetrical cases and orthopedic
  5 33 cases, that a person of the age or sex of the patient,
  5 34 or afflicted by the complaint, disease, or deformity
  5 35 with which the person is afflicted, cannot be received
  5 36 as a patient at the university hospital within the
  5 37 period of thirty days, then the court or the clerk
  5 38 shall enter an order directing the board of
  5 39 supervisors of shall direct the county to provide
  5 40 adequate treatment at county expense for the patient
  5 41 at home or in a hospital.  Obstetrical cases and
  5 42 orthopedic cases may be committed to the university
  5 43 hospital without regard to the limiting period of
  5 44 thirty days.
  5 45    In any case of emergency the court or the clerk
  5 46 board of supervisors without previous inquiry may at
  5 47 its discretion order the patient to be immediately
  5 48 taken to and accepted by the university hospital for
  5 49 the necessary care as provided in section 255.11, but
  5 50 if such a patient cannot be immediately accepted at
  6  1 the university hospital as ascertained by telephone if
  6  2 necessary, the court or the clerk may enter an order
  6  3 as in certain cases above set forth directing the
  6  4 board of supervisors shall direct the county to
  6  5 provide adequate treatment at county expense for the
  6  6 said patient at home or in a hospital.
  6  7    Sec. 15.  Section 255.10, Code 2003, is amended to
  6  8 read as follows:
  6  9    255.10  RELIGIOUS BELIEF – DENIAL OF ORDER.
  6 10    The court board of supervisors in its discretion
  6 11 may refuse to make such order in any case where the
  6 12 court board finds the patient or the patient's parent,
  6 13 parents, or guardian are members of a religious
  6 14 denomination whose tenets preclude dependence on the
  6 15 practice of medicine or surgery and desire in good
  6 16 faith to rely upon the practice of their religion for
  6 17 relief from disease or disorder.
  6 18    Sec. 16.  Section 255.11, Code 2003, is amended to
  6 19 read as follows:
  6 20    255.11  ORDER IN CASE OF EMERGENCY.
  6 21    In cases of great emergency, when the court or
  6 22 judge board of supervisors is satisfied that delay
  6 23 would be seriously injurious to the patient, the court
  6 24 or judge board of supervisors may make such order with
  6 25 the consent of the patient, if an adult, or of the
  6 26 parent or parents, guardian, or person having the
  6 27 legal custody of said the patient, if a minor or
  6 28 incompetent, without examination, report, notice, or
  6 29 hearing.
  6 30    Sec. 17.  Section 255.12, Code 2003, is amended to
  6 31 read as follows:
  6 32    255.12  CERTIFIED COPY OF ORDER.
  6 33    The clerk county general assistance director shall
  6 34 prepare a certified copy of said such order, which,
  6 35 together with a copy of the physician's report, shall
  6 36 be delivered to the admitting physician of said such
  6 37 hospital at or before the time of the reception of the
  6 38 patient into the hospital.
  6 39    Sec. 18.  Section 255.13, Code 2003, is amended to
  6 40 read as follows:
  6 41    255.13  ATTENDANT – PHYSICIAN – COMPENSATION.
  6 42    If the physician appointed to examine the patient
  6 43 shall certify certifies that an attendant to accompany
  6 44 the patient to the said hospital is necessary, and the
  6 45 university hospital attendant and ambulance service is
  6 46 not available, then the court or judge or clerk of the
  6 47 court the county general assistance director may
  6 48 appoint an attendant who shall receive not exceeding
  6 49 two dollars per day for the time thus necessarily
  6 50 employed and actual necessary traveling expenses by
  7  1 the most feasible route to said the hospital whether
  7  2 by ambulance, train, or automobile; but if such
  7  3 appointee is a relative of the patient or a member of
  7  4 the patient's immediate family, or receives a salary
  7  5 or other compensation from the public for the
  7  6 appointee's services, no such per diem compensation
  7  7 shall be paid.  The physician appointed by the court
  7  8 or clerk to make the examination and report shall
  7  9 receive therefor three dollars for each examination
  7 10 and report so made and the physician's actual
  7 11 necessary expenses incurred in making such
  7 12 examination, but if said the physician receives a
  7 13 salary or other compensation from the public for the
  7 14 physician's full-time services, then no such
  7 15 examination fee shall be paid.  The actual, necessary
  7 16 expenses of transporting and caring for the patient
  7 17 shall be paid as hereinafter provided in this chapter.
  7 18    Sec. 19.  Section 255.14, Code 2003, is amended to
  7 19 read as follows:
  7 20    255.14  PAYMENT OF EXPENSES – HOW PAID.
  7 21    An itemized, verified statement of all charges
  7 22 provided for in sections 255.8 and 255.13, in cases
  7 23 where the patient is admitted or accepted for
  7 24 treatment at the university hospital shall be filed
  7 25 with the superintendent of the university hospital,
  7 26 and upon the superintendent's recommendation when
  7 27 approved by the judge or clerk of the court under
  7 28 whose order the same were incurred board of
  7 29 supervisors, they the charges shall be charged
  7 30 included on the regular bill for the maintenance,
  7 31 transportation and treatment of the patient, and be
  7 32 audited and paid in the manner as hereinafter provided
  7 33 in this chapter.
  7 34    Sec. 20.  Section 255.21, Code 2003, is amended to
  7 35 read as follows:
  7 36    255.21  TREATMENT OUTSIDE HOSPITAL – ATTENDANT.
  7 37    If, in the judgment of the physician or surgeon to
  7 38 whom the patient has been assigned for treatment,
  7 39 continuous residence of the patient in the hospital is
  7 40 unnecessary, such patient may, by the hospital
  7 41 authorities, be sent to the patient's home or other
  7 42 appropriate place, and be required to return to the
  7 43 hospital when and for such length of time as may be
  7 44 for the patient's benefit.  The hospital authorities
  7 45 may, if necessary, appoint an attendant to accompany
  7 46 such patient and discharged patients, and the
  7 47 compensation of such attendant shall be fixed by the
  7 48 state board of regents and charged by the hospital as
  7 49 part of the costs of transporting patients.  The
  7 50 compensation paid to and the expenses of the attendant
  8  1 shall be audited and paid in the same manner as is
  8  2 provided by law for the compensation of an attendant
  8  3 appointed by the court board of supervisors.
  8  4    Sec. 21.  Section 255.22, Code 2003, is amended to
  8  5 read as follows:
  8  6    255.22  TREATMENT AUTHORIZED.
  8  7    No A minor or incompetent person shall not be
  8  8 treated for any malady or deformity except such as is
  8  9 reasonably well described in the order of court or the
  8 10 report of the examining physician, unless permission
  8 11 for such treatment is provided for in the order of
  8 12 court, or is granted by the person's parents or
  8 13 guardian; but the physician in charge may administer
  8 14 such treatment or perform such surgical operations as
  8 15 are usually required in cases of emergency.
  8 16    Sec. 22.  Section 255.27, Code 2003, is amended to
  8 17 read as follows:
  8 18    255.27  FACULTY TO PREPARE BLANKS – PRINTING.
  8 19    The medical faculty of the state university
  8 20 hospital shall from time to time prepare blanks
  8 21 containing questions and requiring information that it
  8 22 finds necessary and proper to be obtained by the
  8 23 physician who examines a patient under order of court
  8 24 the board of supervisors.  The blanks shall be printed
  8 25 by the state, and a sufficient supply shall be
  8 26 furnished by the state printing administrator to the
  8 27 clerk of each juvenile court in the state county
  8 28 general assistance director.  The cost of printing the
  8 29 blanks shall be audited, allowed, and paid in the same
  8 30 manner as other bills for public printing.
  8 31    Sec. 23.  Section 321.20B, subsection 4, paragraph
  8 32 b, subparagraph (1), unnumbered paragraph 1, Code
  8 33 2003, is amended to read as follows:
  8 34    An owner or driver who produces to the clerk of
  8 35 court, within thirty days of the issuance of the
  8 36 citation under paragraph "a", or prior to the date of
  8 37 the individual's court appearance as indicated on the
  8 38 citation, whichever is earlier, proof that financial
  8 39 liability coverage was in effect for the motor vehicle
  8 40 at the time the person was stopped and cited, or, if
  8 41 the driver is not the owner of the motor vehicle,
  8 42 proof that liability coverage was in effect for the
  8 43 driver with respect to the motor vehicle being driven
  8 44 at the time the driver was stopped and cited, in the
  8 45 same manner as if the motor vehicle were owned by the
  8 46 driver, shall be given a receipt indicating that such
  8 47 proof was provided and be subject to one of the
  8 48 following:
  8 49    Sec. 24.  Section 321.20B, subsection 4, paragraph
  8 50 c, Code 2003, is amended to read as follows:
  9  1    c.  An owner or driver cited for a violation of
  9  2 subsection 1, who produces to the clerk of court
  9  3 within thirty days of the issuance of the citation
  9  4 prior to the date of the individual's court appearance
  9  5 as indicated on the citation proof that financial
  9  6 liability coverage was in effect for the motor vehicle
  9  7 at the time the person was stopped and cited, shall
  9  8 not be convicted of such violation and the citation
  9  9 issued shall be dismissed.
  9 10    Sec. 25.  Section 321.20B, subsection 5, paragraph
  9 11 b, Code 2003, is amended to read as follows:
  9 12    b.  Issue a citation.  An owner or driver who
  9 13 produces to the clerk of court within thirty days of
  9 14 the issuance of the citation, or prior to the date of
  9 15 the individual's court appearance as indicated on the
  9 16 citation, whichever is earlier, proof that the
  9 17 financial liability coverage was in effect for the
  9 18 motor vehicle at the time the person was stopped and
  9 19 cited, or if the driver is not the owner of the motor
  9 20 vehicle, proof that liability coverage was in effect
  9 21 for the driver with respect to the motor vehicle being
  9 22 driven at the time the driver was stopped and cited in
  9 23 the same manner as if the motor vehicle were owned by
  9 24 the driver, shall be given a receipt indicating that
  9 25 proof was provided, and the citation issued shall be
  9 26 dismissed.
  9 27    Sec. 26.  Section 321.484, unnumbered paragraph 2,
  9 28 Code 2003, is amended to read as follows:
  9 29    The owner of a vehicle shall not be held
  9 30 responsible for a violation of a provision regulating
  9 31 the stopping, standing, or parking of a vehicle,
  9 32 whether the provision is contained in this chapter, or
  9 33 chapter 321L, or an ordinance or other regulation or
  9 34 rule, if the owner establishes that at the time of the
  9 35 violation the vehicle was in the custody of an
  9 36 identified person other than the owner pursuant to a
  9 37 lease as defined in chapter 321F or pursuant to a
  9 38 rental agreement as defined in section 516D.3.  The
  9 39 furnishing to the clerk of the district court county
  9 40 attorney where the charge is pending of a copy of the
  9 41 lease prescribed by section 321F.6 or rental agreement
  9 42 that was in effect for the vehicle at the time of the
  9 43 alleged violation shall be prima facie evidence that
  9 44 the vehicle was in the custody of an identified person
  9 45 other than the owner within the meaning of this
  9 46 paragraph, and the charge against the owner shall be
  9 47 dismissed.  The clerk of the district court then shall
  9 48 cause a uniform citation and complaint to be issued
  9 49 against the lessee or renter of the vehicle, and the
  9 50 citation shall be served upon the defendant by
 10  1 ordinary mail directed to the defendant at the address
 10  2 shown in the lease or rental agreement.
 10  3    Sec. 27.  Section 331.653, Code 2003, is amended by
 10  4 adding the following new subsection:
 10  5    NEW SUBSECTION.  23A.  Carry out duties related to
 10  6 service of a summons, notice, or subpoena pursuant to
 10  7 sections 232.35, 232.37, and 232.88.
 10  8    Sec. 28.  Section 598.21, Code 2003, is amended by
 10  9 adding the following new subsection:
 10 10    NEW SUBSECTION.  10A.  If the court modifies an
 10 11 order, and the original decree was entered in another
 10 12 county in Iowa, the clerk of court shall send a copy
 10 13 of the modification by regular mail, electronic
 10 14 transmission, or facsimile to the clerk of court for
 10 15 the county where the original decree was entered.
 10 16    Sec. 29.  Section 602.1215, subsection 1, Code
 10 17 2003, is amended to read as follows:
 10 18    1.  The Subject to the provisions of section
 10 19 602.1209, subsection 3, the district judges of each
 10 20 judicial election district shall by majority vote
 10 21 appoint persons to serve as clerks of the district
 10 22 court, one for each county within the judicial
 10 23 election district.  The district judges of a judicial
 10 24 election district may appoint a person to serve as
 10 25 clerk of the district court for more than one but not
 10 26 more than four contiguous counties in the same
 10 27 judicial district.  A person does not qualify for
 10 28 appointment to the office of clerk of the district
 10 29 court unless the person is at the time of application
 10 30 a resident of the state.  Within three months of
 10 31 appointment the clerk of the district court must
 10 32 establish residence and physically reside in the
 10 33 county.  A clerk of the district court may be removed
 10 34 from office for cause by a majority vote of the
 10 35 district judges of the judicial election district.
 10 36 Before removal, the clerk of the district court shall
 10 37 be notified of the cause for removal.
 10 38    Sec. 30.  Section 602.1501, subsection 4, Code
 10 39 2003, is amended to read as follows:
 10 40    4.  District associate judges shall receive the
 10 41 salary set by the general assembly.  However, an
 10 42 alternate district associate judge whose appointment
 10 43 is authorized under section 602.6303 shall receive a
 10 44 salary for each day of actual duty equal to a district
 10 45 associate judge's daily salary.
 10 46    Sec. 31.  Section 602.1604, Code 2003, is amended
 10 47 to read as follows:
 10 48    602.1604  JUDGES SHALL NOT PRACTICE LAW.
 10 49    While holding office, a supreme court justice,
 10 50 court of appeals judge, district judge, or district
 11  1 associate judge shall not practice as an attorney or
 11  2 counselor or give advice in relation to any action
 11  3 pending or about to be brought in any of the courts of
 11  4 the state.  A person whose appointment as an alternate
 11  5 district associate judge is authorized under section
 11  6 602.6303 may practice law except when actually serving
 11  7 as a district associate judge.
 11  8    Sec. 32.  Section 602.1611, subsection 2, Code
 11  9 2003, is amended by striking the subsection.
 11 10    Sec. 33.  Section 602.6105, subsection 3, Code
 11 11 2003, is amended to read as follows:
 11 12    3.  a.  The chief judge of a judicial district
 11 13 shall designate times and places for magistrates to
 11 14 hold court to ensure accessibility of magistrates at
 11 15 all times throughout the district.  The schedule of
 11 16 times and places of availability of magistrates and
 11 17 any schedule changes shall be disseminated by the
 11 18 chief judge to the peace officers within the district.
 11 19    b.  The chief judge of a judicial district shall
 11 20 schedule a magistrate to hold court in a city other
 11 21 than the county seat if all of the following apply:
 11 22    (1)  Magistrate court was regularly scheduled in
 11 23 the city on or after July 1, 2001.
 11 24    (2)  The population of the city is at least two
 11 25 times greater than the population of the county seat
 11 26 or the population of the city is at least thirty
 11 27 thousand.
 11 28    (3)  The city requests the chief judge to schedule
 11 29 magistrate court.
 11 30    In addition to paying the costs in section
 11 31 602.1303, subsection 1, the city requesting the
 11 32 magistrate court shall pay any other costs for holding
 11 33 magistrate court in the city which would not otherwise
 11 34 have been incurred by the judicial branch.
 11 35    Sec. 34.  Section 602.6107, Code 2003, is amended
 11 36 by striking the section and inserting in lieu thereof
 11 37 the following:
 11 38    602.6107  REORGANIZATION OF JUDICIAL DISTRICTS AND
 11 39 JUDICIAL ELECTION DISTRICTS.
 11 40    1.  The supreme court shall, beginning January 1,
 11 41 2012, and at least every ten years thereafter, review
 11 42 the division of the state into judicial districts and
 11 43 judicial election districts in order to determine
 11 44 whether the composition or the total number of the
 11 45 judicial districts and judicial election districts is
 11 46 the most efficient and effective administration of the
 11 47 district court and the judicial branch.
 11 48    2.  If the supreme court determines that the
 11 49 administration of the district court and the judicial
 11 50 branch would be made more efficient and effective by
 12  1 reorganizing the judicial districts and judicial
 12  2 election districts, which may include expanding or
 12  3 contracting the total number of judicial districts and
 12  4 judicial election districts, the supreme court shall
 12  5 develop and submit to the general assembly by November
 12  6 15 a plan that reorganizes the judicial districts and
 12  7 judicial election districts.  The legislative service
 12  8 bureau shall draft a bill embodying the plan for
 12  9 submission by the supreme court to the general
 12 10 assembly.  The general assembly shall bring the bill
 12 11 to a vote in either the senate or the house of
 12 12 representatives within thirty days of the bill's
 12 13 submission by the supreme court to the general
 12 14 assembly, under a procedure or rule permitting no
 12 15 amendments by either house except those of a purely
 12 16 corrective nature.  If both houses pass the bill, the
 12 17 bill shall be presented as any other bill to the
 12 18 governor for approval.  The bill shall take effect
 12 19 upon the general assembly passing legislation, which
 12 20 is approved by the governor including an effective
 12 21 date for the reorganization of the judicial districts
 12 22 and judicial election districts.
 12 23    3.  The composition of the judicial districts in
 12 24 section 602.6107, Code 2003, and judicial election
 12 25 districts in section 602.6109, Code 2003, shall remain
 12 26 in effect until a new division of the state into
 12 27 judicial districts and judicial election districts is
 12 28 enacted.
 12 29    4.  It is the intent of the general assembly that
 12 30 the supreme court prior to developing a plan pursuant
 12 31 to this section consult with and receive input from
 12 32 members of the general public, court employees,
 12 33 judges, members of the general assembly, the judicial
 12 34 departments of correctional services, county officers,
 12 35 officials from other interested political
 12 36 subdivisions, and attorneys.  In submitting a plan
 12 37 pursuant to this section, the supreme court shall also
 12 38 submit to the general assembly a report stating the
 12 39 reasons for developing the plan and describing in
 12 40 detail the process used in developing the plan.
 12 41    5.  Nothing in this section or other provision of
 12 42 the Code shall be construed to preclude the general
 12 43 assembly or the judicial branch from proposing or
 12 44 considering a plan reorganizing the judicial districts
 12 45 and judicial election districts at any time.
 12 46    Sec. 35.  Section 602.6109, Code 2003, is amended
 12 47 by striking the section and inserting in lieu thereof
 12 48 the following:
 12 49    602.6109  JUDICIAL ELECTION DISTRICTS AND
 12 50 JUDGESHIPS.
 13  1    1.  The reorganized judicial election districts
 13  2 established pursuant to section 602.6107 shall be used
 13  3 solely for purposes of nomination, appointment, and
 13  4 retention of judges of the district court.
 13  5    2.  If the judicial election districts are
 13  6 reorganized under section 602.6107, the state court
 13  7 administrator shall reapportion the number of
 13  8 judgeships to which each judicial election district is
 13  9 entitled.  The reapportionment shall be determined
 13 10 according to section 602.6201, subsection 3.
 13 11    Sec. 36.  Section 602.6111, Code 2003, is amended
 13 12 by striking the section and inserting in lieu thereof
 13 13 the following:
 13 14    602.6111  IDENTIFICATION ON DOCUMENTS FILED WITH
 13 15 THE CLERK.
 13 16    1.  Any party, other than the state or a political
 13 17 subdivision of the state, filing a petition or
 13 18 complaint, answer, appearance, first motion, or any
 13 19 document filed with the clerk of the district court
 13 20 which brings a new party into a proceeding shall
 13 21 provide the clerk of the district court with the
 13 22 following information when applicable:
 13 23    a.  An employer identification number if a number
 13 24 has been assigned.
 13 25    b.  The birth date of the party.
 13 26    c.  The social security number of the party.
 13 27    2.  Any party, except the child support recovery
 13 28 unit, filing a petition, complaint, answer,
 13 29 appearance, first motion, or any document with the
 13 30 clerk of the district court to establish or modify an
 13 31 order for child support under chapter 236, 252A, 252K,
 13 32 598, or 600B shall provide the clerk of the district
 13 33 court with the date of birth and social security
 13 34 number of the child.
 13 35    3.  A party shall provide the information pursuant
 13 36 to this section in the manner required by rules or
 13 37 directives prescribed by the supreme court.  The clerk
 13 38 of the district court shall keep a social security
 13 39 number provided pursuant to this section confidential
 13 40 in accordance with the rules and directives prescribed
 13 41 by the supreme court.
 13 42    Sec. 37.  NEW SECTION.  602.6112  REGIONAL
 13 43 LITIGATION CENTERS – PROHIBITION.
 13 44    The judicial branch shall not establish regional
 13 45 litigation centers.
 13 46    Sec. 38.  Section 602.6201, subsection 8, Code
 13 47 2003, is amended to read as follows:
 13 48    8.  Vacancies shall not be filled in a judicial
 13 49 election district which becomes entitled to fewer
 13 50 judgeships under subsection 3, but an An incumbent
 14  1 district judge shall not be removed from office
 14  2 because of a reduction in the number of authorized
 14  3 judgeships.
 14  4    Sec. 39.  Section 602.6201, Code 2003, is amended
 14  5 by adding the following new subsections:
 14  6    NEW SUBSECTION.  11.  Notwithstanding any other
 14  7 provision of the Code to the contrary, if a vacancy in
 14  8 a judgeship occurs, and the chief justice of the
 14  9 supreme court makes a finding that a substantial
 14 10 disparity exists in the allocation of judgeships and
 14 11 judicial workload between judicial election districts,
 14 12 the chief justice may apportion the judgeship from the
 14 13 judicial election district where the vacancy occurs to
 14 14 another judicial election district based upon the
 14 15 substantial disparity finding.  However, a judgeship
 14 16 shall not be apportioned pursuant to this section
 14 17 unless a majority of the judicial council approves the
 14 18 apportionment.
 14 19    NEW SUBSECTION.  12.  Notwithstanding any other
 14 20 provision of the Code to the contrary, if the chief
 14 21 justice of the supreme court determines a substantial
 14 22 disparity exists in the allocation of judgeships and
 14 23 judicial workload between judicial election districts,
 14 24 the chief justice may authorize a voluntary permanent
 14 25 transfer of a district judge from one judicial
 14 26 election district to another upon approval by a
 14 27 majority of the judicial council.  After approval by
 14 28 the judicial council, the chief justice shall notify
 14 29 all eligible district judges of the intent to seek
 14 30 applicants for a voluntary permanent transfer and the
 14 31 terms of such a transfer.  A district judge is not
 14 32 eligible for a voluntary transfer unless the judge has
 14 33 served a regular term of office as specified in
 14 34 section 46.16.  Upon approval of the judge's
 14 35 application, the chief justice may transfer a district
 14 36 judge who consents to the transfer within six months
 14 37 of the notification.  The transfer of a district judge
 14 38 shall take effect within sixty days of the official
 14 39 announcement of the transfer by the chief justice.  A
 14 40 district judge transferred pursuant to this subsection
 14 41 shall have six months from the date of the
 14 42 announcement of the transfer to establish residency in
 14 43 the judicial election district where the district
 14 44 judge is transferred.  A district judge who has been
 14 45 transferred shall stand for retention in the judicial
 14 46 election district to which the district judge has been
 14 47 transferred as provided in chapter 46.  For purposes
 14 48 of subsection 3, the judgeship shall be apportioned to
 14 49 the judicial election district where the judge is
 14 50 transferred.  A voluntary transfer pursuant to this
 15  1 subsection shall not cause a vacancy of a judgeship in
 15  2 the judicial election district from which the district
 15  3 judge was transferred.
 15  4    Sec. 40.  Section 602.6301, Code 2003, is amended
 15  5 to read as follows:
 15  6    602.6301  NUMBER AND APPORTIONMENT OF DISTRICT
 15  7 ASSOCIATE JUDGES.
 15  8    There shall be one district associate judge in
 15  9 counties having a population of more than thirty-five
 15 10 thousand and less than eighty thousand; two in
 15 11 counties having a population of eighty thousand or
 15 12 more and less than one hundred twenty-five thousand;
 15 13 three in counties having a population of one hundred
 15 14 twenty-five thousand or more and less than two hundred
 15 15 thousand; four in counties having a population of two
 15 16 hundred thousand or more and less than two hundred
 15 17 thirty-five thousand; five in counties having a
 15 18 population of two hundred thirty-five thousand or more
 15 19 and less than two hundred seventy thousand; six in
 15 20 counties having a population of two hundred seventy
 15 21 thousand or more and less than three hundred five
 15 22 thousand; and seven in counties having a population of
 15 23 three hundred five thousand or more.  However, a
 15 24 county shall not lose a district associate judgeship
 15 25 solely because of a reduction in the county's
 15 26 population.  If the formula provided in this section
 15 27 results in the allocation of an additional district
 15 28 associate judgeship to a county, implementation of the
 15 29 allocation shall be subject to prior approval of the
 15 30 supreme court and availability of funds to the
 15 31 judicial branch.  A district associate judge appointed
 15 32 pursuant to section 602.6302 or 602.6303 shall not be
 15 33 counted for purposes of this section.
 15 34    Sec. 41.  Section 602.6304, subsections 1, 2, and
 15 35 3, Code 2003, are amended to read as follows:
 15 36    1.  The district associate judges authorized by
 15 37 sections 602.6301, and 602.6302, and 602.6303 shall be
 15 38 appointed by the district judges of the judicial
 15 39 election district from persons nominated by the county
 15 40 magistrate appointing commission.  In the case of a
 15 41 district associate judge to be appointed to more than
 15 42 one county, the appointment shall be from persons
 15 43 nominated by the county magistrate appointing
 15 44 commissions acting jointly and in the case of a
 15 45 district associate judge to be appointed to more than
 15 46 one judicial election district of the same judicial
 15 47 district, the appointment shall be by a majority of
 15 48 the district judges in each judicial election
 15 49 district.
 15 50    2.  In November of any year in which an impending
 16  1 vacancy is created because a district associate judge
 16  2 is not retained in office pursuant to a judicial
 16  3 election, the county magistrate appointing commission
 16  4 shall publicize notice of the vacancy in at least two
 16  5 publications in the official county newspaper.  The
 16  6 commission shall accept applications for consideration
 16  7 for nomination as district associate judge for a
 16  8 minimum of fifteen days prior to certifying
 16  9 nominations.  The commission shall consider the
 16 10 applications and shall, by majority vote, certify to
 16 11 the chief judge of the judicial district not later
 16 12 than December 15 of that year the names of three
 16 13 applicants who are nominated by the commission for the
 16 14 vacancy, unless the chief justice has ordered the
 16 15 commission to delay the certification of the nominees
 16 16 to the chief judge.  The chief justice may order the
 16 17 delay of the certification for up to one hundred
 16 18 eighty days for budgetary reasons.  If there are three
 16 19 or fewer applicants the commission shall certify all
 16 20 applicants who meet the statutory qualifications.
 16 21 Nominees shall be chosen solely on the basis of the
 16 22 qualifications of the applicants, and political
 16 23 affiliation shall not be considered.
 16 24    3.  Within thirty days after a county magistrate
 16 25 appointing commission receives notification of an
 16 26 actual or impending vacancy in the office of district
 16 27 associate judge, other than a vacancy referred to in
 16 28 subsection 2, the commission shall certify to the
 16 29 chief judge of the judicial district the names of
 16 30 three applicants who are nominated by the commission
 16 31 for the vacancy, unless the chief justice has ordered
 16 32 the commission to delay the certification of the
 16 33 nominees to the chief judge.  The chief justice may
 16 34 order the delay of the certification for up to one
 16 35 hundred eighty days for budgetary reasons.  The
 16 36 commission shall publicize notice of the vacancy in at
 16 37 least two publications in the official county
 16 38 newspaper.  The commission shall accept applications
 16 39 for consideration for nomination as district associate
 16 40 judge for a minimum of fifteen days prior to
 16 41 certifying nominations.  The commission shall consider
 16 42 the applications and shall, by majority vote, certify
 16 43 to the chief judge of the judicial district the names
 16 44 of three applicants who are nominated by the
 16 45 commission for the vacancy.  If there are three or
 16 46 fewer applicants the commission shall certify all
 16 47 applicants who meet the statutory qualifications.
 16 48 Nominees shall be chosen solely on the basis of the
 16 49 qualifications of the applicants, and political
 16 50 affiliation shall not be considered.  As used in this
 17  1 subsection, a vacancy is created by the death,
 17  2 retirement, resignation, or removal of a district
 17  3 associate judge, or by an increase in the number of
 17  4 positions authorized.
 17  5    Sec. 42.  Section 602.6305, subsection 1, Code
 17  6 2003, is amended to read as follows:
 17  7    1.  District associate judges shall serve initial
 17  8 terms and shall stand for retention in office within
 17  9 the judicial election districts of their residences at
 17 10 the judicial election in 1982 and every four six years
 17 11 thereafter, under sections 46.17 to 46.24.
 17 12    Sec. 43.  Section 602.6403, subsection 3, Code
 17 13 2003, is amended to read as follows:
 17 14    3.  Within thirty days following receipt of
 17 15 notification of a vacancy in the office of magistrate,
 17 16 the commission shall appoint a person to the office to
 17 17 serve the remainder of the unexpired term, unless the
 17 18 chief justice has ordered the commission to delay the
 17 19 appointment for up to one hundred eighty days for
 17 20 budgetary reasons.  For purposes of this section,
 17 21 vacancy means a death, resignation, retirement, or
 17 22 removal of a magistrate, or an increase in the number
 17 23 of positions authorized.
 17 24    Sec. 44.  Section 602.7103B, subsections 2 and 3,
 17 25 Code 2003, are amended to read as follows:
 17 26    2.  In November of any year in which an impending
 17 27 vacancy is created because a full-time associate
 17 28 juvenile judge is not retained in office pursuant to a
 17 29 judicial election, the county magistrate appointing
 17 30 commission shall publicize notice of the vacancy in at
 17 31 least two publications in the official county
 17 32 newspaper.  The commission shall accept applications
 17 33 for consideration for nomination as full-time
 17 34 associate juvenile judge for a minimum of fifteen days
 17 35 prior to certifying nominations.  The commission shall
 17 36 consider the applications and shall, by majority vote,
 17 37 certify to the chief judge of the judicial district
 17 38 not later than December 15 of that year the names of
 17 39 three applicants who are nominated by the commission
 17 40 for the vacancy, unless the chief justice has ordered
 17 41 the commission to delay the certification of the
 17 42 nominees to the chief judge.  The chief justice may
 17 43 order the delay of the certification for up to one
 17 44 hundred eighty days for budgetary reasons.  If there
 17 45 are three or fewer applicants, the commission shall
 17 46 certify all applicants who meet the statutory
 17 47 qualifications.  Nominees shall be chosen solely on
 17 48 the basis of the qualifications of the applicants, and
 17 49 political affiliation shall not be considered.
 17 50    3.  Within thirty days after a county magistrate
 18  1 appointing commission receives notification of an
 18  2 actual or impending vacancy in the office of full-time
 18  3 associate juvenile judge, other than a vacancy
 18  4 referred to in subsection 2, the commission shall
 18  5 certify to the chief judge of the judicial district
 18  6 the names of three applicants who are nominated by the
 18  7 commission for the vacancy, unless the chief justice
 18  8 has ordered the commission to delay the certification
 18  9 of the nominees to the chief judge.  The chief justice
 18 10 may order the delay of the certification for up to one
 18 11 hundred eighty days for budgetary reasons.  The
 18 12 commission shall publicize notice of the vacancy in at
 18 13 least two publications in the official county
 18 14 newspaper.  The commission shall accept applications
 18 15 for consideration for nomination as full-time
 18 16 associate juvenile judge for a minimum of fifteen days
 18 17 prior to certifying nominations.  The commission shall
 18 18 consider the applications and shall, by majority vote,
 18 19 certify to the chief judge of the judicial district
 18 20 the names of three applicants who are nominated by the
 18 21 commission for the vacancy.  If there are three or
 18 22 fewer applicants, the commission shall certify all
 18 23 applicants who meet the statutory qualifications.
 18 24 Nominees shall be chosen solely on the basis of the
 18 25 qualifications of the applicants, and political
 18 26 affiliation shall not be considered.  As used in this
 18 27 subsection, a vacancy is created by the death,
 18 28 retirement, resignation, or removal of a full-time
 18 29 associate juvenile judge, or by an increase in the
 18 30 number of positions authorized.
 18 31    Sec. 45.  Section 602.8102, subsection 9, Code
 18 32 2003, is amended to read as follows:
 18 33    9.  Enter in the appearance docket a memorandum of
 18 34 the date of filing of all petitions, demurrers,
 18 35 answers, motions, or papers of any other description
 18 36 in the cause.  A pleading of any description is
 18 37 considered filed when the clerk entered the date the
 18 38 pleading was received on the pleading and the pleading
 18 39 shall not be taken from the clerk's office until the
 18 40 memorandum is made.  The memorandum shall be made
 18 41 before the end of the next working day within two
 18 42 business days of a new petition or order being filed,
 18 43 and as soon as practicable for all other pleadings.
 18 44 Thereafter, when a demurrer or motion is sustained or
 18 45 overruled, a pleading is made or amended, or the trial
 18 46 of the cause, rendition of the verdict, entry of
 18 47 judgment, issuance of execution, or any other act is
 18 48 done in the progress of the cause, a similar
 18 49 memorandum shall be made of the action, including the
 18 50 date of action and the number of the book and page of
 19  1 the record where the entry is made.  The appearance
 19  2 docket is an index of each suit from its commencement
 19  3 to its conclusion.
 19  4    Sec. 46.  Section 602.8102, subsection 11, Code
 19  5 2003, is amended to read as follows:
 19  6    11.  Refund amounts less than one dollar three
 19  7 dollars only upon written application.
 19  8    Sec. 47.  Section 602.8106, subsection 1,
 19  9 paragraphs b, c, d, and e, Code 2003, are amended to
 19 10 read as follows:
 19 11    b.  For filing and docketing of a complaint or
 19 12 information for a simple misdemeanor and a complaint
 19 13 or information for a nonscheduled simple misdemeanor
 19 14 under chapter 321, twenty-five seventeen dollars.
 19 15    c.  For filing and docketing a complaint or
 19 16 information or uniform citation and complaint for
 19 17 parking violations under sections 321.236, 321.239,
 19 18 321.358, 321.360, and 321.361, one dollar eight
 19 19 dollars, effective January 1, 1991 2004.  The court
 19 20 costs in cases of parking meter and overtime parking
 19 21 violations which are denied, and charged and collected
 19 22 pursuant to section 321.236, subsection 1, or pursuant
 19 23 to a uniform citation and complaint, are eight dollars
 19 24 per information or complaint or per uniform citation
 19 25 and complaint effective January 1, 1991.
 19 26    d.  The court costs in scheduled violation cases
 19 27 where a court appearance is required are twenty-five,
 19 28 seventeen dollars.
 19 29    e.  For court costs in scheduled violation cases
 19 30 where a court appearance is not required, fifteen
 19 31 seventeen dollars.
 19 32    Sec. 48.  Section 624.20, Code 2003, is amended to
 19 33 read as follows:
 19 34    624.20  SATISFACTION OF JUDGMENT.
 19 35    Where a judgment is set aside or satisfied by
 19 36 execution or otherwise, the clerk shall at once enter
 19 37 a memorandum thereof on the column left for that
 19 38 purpose in the judgment docket.  However, the clerk
 19 39 may enter satisfaction of judgment if the amount of
 19 40 the judgment that is unsatisfied is one dollar three
 19 41 dollars or less.
 19 42    Sec. 49.  Section 631.5, subsection 6, Code 2003,
 19 43 is amended to read as follows:
 19 44    6.  DEFAULT.  If a defendant fails to appear and
 19 45 the clerk in accordance with subsection 4 determines
 19 46 that proper notice has been given, judgment shall be
 19 47 rendered against the defendant by the clerk if the
 19 48 relief is readily ascertainable.  If the relief is not
 19 49 readily ascertainable the claim shall be assigned to a
 19 50 judicial magistrate for determination and the clerk
 20  1 shall immediately notify the plaintiff or the
 20  2 plaintiff's attorney and the judicial magistrate of
 20  3 such assignment by ordinary mail.
 20  4    Sec. 50.  Section 631.6, subsection 1, paragraph c,
 20  5 Code 2003, is amended to read as follows:
 20  6    c.  Postage charged for the mailing of original
 20  7 notice shall be the actual costs of the postage eight
 20  8 dollars.
 20  9    Sec. 51.  Section 633.20B, subsections 2 and 3,
 20 10 Code 2003, are amended to read as follows:
 20 11    2.  In November of any year in which an impending
 20 12 vacancy is created because a full-time associate
 20 13 probate judge is not retained in office pursuant to a
 20 14 judicial election, the county magistrate appointing
 20 15 commission shall publicize notice of the vacancy in at
 20 16 least two publications in the official county
 20 17 newspaper.  The commission shall accept applications
 20 18 for consideration for nomination as full-time
 20 19 associate probate judge for a minimum of fifteen days
 20 20 prior to certifying nominations.  The commission shall
 20 21 consider the applications and shall, by majority vote,
 20 22 certify to the chief judge of the judicial district
 20 23 not later than December 15 of that year the names of
 20 24 three applicants who are nominated by the commission
 20 25 for the vacancy, unless the chief justice has ordered
 20 26 the commission to delay the certification of the
 20 27 nominees to the chief judge.  The chief justice may
 20 28 order the delay of the certification for up to one
 20 29 hundred eighty days for budgetary reasons.  If there
 20 30 are three or fewer applicants, the commission shall
 20 31 certify all applicants who meet the statutory
 20 32 qualifications.  Nominees shall be chosen solely on
 20 33 the basis of the qualifications of the applicants, and
 20 34 political affiliation shall not be considered.
 20 35    3.  Within thirty days after a county magistrate
 20 36 appointing commission receives notification of an
 20 37 actual or impending vacancy in the office of full-time
 20 38 associate probate judge, other than a vacancy referred
 20 39 to in subsection 2, the commission shall certify to
 20 40 the chief judge of the judicial district the names of
 20 41 three applicants who are nominated by the commission
 20 42 for the vacancy, unless the chief justice has ordered
 20 43 the commission to delay the certification of the
 20 44 nominees to the chief judge.  The chief justice may
 20 45 order the delay of the certification for up to one
 20 46 hundred eighty days for budgetary reasons.  The
 20 47 commission shall publicize notice of the vacancy in at
 20 48 least two publications in the official county
 20 49 newspaper.  The commission shall accept applications
 20 50 for consideration for nomination as full-time
 21  1 associate probate judge for a minimum of fifteen days
 21  2 prior to certifying nominations.  The commission shall
 21  3 consider the applications and shall, by majority vote,
 21  4 certify to the chief judge of the judicial district
 21  5 the names of three applicants who are nominated by the
 21  6 commission for the vacancy.  If there are three or
 21  7 fewer applicants, the commission shall certify all
 21  8 applicants who meet the statutory qualifications.
 21  9 Nominees shall be chosen solely on the basis of the
 21 10 qualifications of the applicants, and political
 21 11 affiliation shall not be considered.  As used in this
 21 12 subsection, a vacancy is created by the death,
 21 13 retirement, resignation, or removal of a full-time
 21 14 associate probate judge, or by an increase in the
 21 15 number of positions authorized.
 21 16    Sec. 52.  Section 633.47, Code 2003, is amended to
 21 17 read as follows:
 21 18    633.47  PROOF OF SERVICE AND TAXATION PAYMENT OF
 21 19 COSTS.
 21 20    Proof of service of any notice, required by this
 21 21 Code or by order of court, including those by
 21 22 publication, shall be filed with the clerk.  The costs
 21 23 of serving any notice given by the fiduciary shall be
 21 24 taxed by the clerk as part of the costs of
 21 25 administration in said be paid directly by the estate.
 21 26    Sec. 53.  Section 633.301, Code 2003, is amended to
 21 27 read as follows:
 21 28    633.301  COPY OF WILL FOR EXECUTOR.
 21 29    When a will has been admitted to probate and
 21 30 certified pursuant to section 633.300, the clerk shall
 21 31 cause an authenticated a certified copy thereof to be
 21 32 placed in the hands of the executor to whom letters
 21 33 are issued.  The clerk shall retain the will in a
 21 34 separate file provided for that purpose until the time
 21 35 for contest has expired, and promptly thereafter shall
 21 36 place it with the files of the estate.
 21 37    Sec. 54.  Section 633.479, unnumbered paragraph 2,
 21 38 Code 2003, is amended to read as follows:
 21 39    An order approving the final report and discharging
 21 40 the personal representative shall not be required if
 21 41 all distributees otherwise entitled to notice are
 21 42 adults, under no legal disability, have signed waivers
 21 43 of notice as provided in section 633.478, have signed
 21 44 statements of consent agreeing that the prayer of the
 21 45 final report shall constitute an order approving the
 21 46 final report and discharging the personal
 21 47 representative, and if the statements of consent are
 21 48 dated not more than thirty days prior to the date of
 21 49 the final report, and if compliance with sections
 21 50 422.27 and 450.58 have been fulfilled and receipts and
 22  1 certificates are on file.  In those instances final
 22  2 order shall not be required and the prayer of the
 22  3 final report shall be considered as granted and shall
 22  4 have the same force and effect as an order of
 22  5 discharge of the personal representative and an order
 22  6 approving the final report.  The clerk shall comply
 22  7 with section 633.480 with respect to issuing a change
 22  8 of title.
 22  9    Sec. 55.  Section 633.480, Code 2003, is amended to
 22 10 read as follows:
 22 11    633.480  CERTIFICATE TO COUNTY RECORDER FOR TAX
 22 12 PURPOSES WITH ADMINISTRATION.
 22 13    After discharge as provided in section 633.479, the
 22 14 clerk shall certify under chapter 558 relative to each
 22 15 parcel of real estate the personal representative
 22 16 shall deliver to the county recorder of the county in
 22 17 which the real estate is situated a certificate
 22 18 pertaining to each parcel of real estate described in
 22 19 the final report of the personal representative which
 22 20 has not been sold by the personal representative, and
 22 21 deliver the certificate to the county recorder of the
 22 22 county in which the real estate is situated.  The
 22 23 certificate shall include the name and complete
 22 24 mailing address, as shown on the final report, of the
 22 25 individual or entity in whose name each parcel of real
 22 26 estate is to be taxed.  The county recorder shall
 22 27 deliver the certificate to the county auditor as
 22 28 provided in section 558.58.
 22 29    Sec. 56.  Section 633.481, Code 2003, is amended to
 22 30 read as follows:
 22 31    633.481  CERTIFICATE TO COUNTY RECORDER FOR TAX
 22 32 PURPOSES WITHOUT ADMINISTRATION.
 22 33    When an inventory or report is filed under section
 22 34 450.22, without administration of the estate of the
 22 35 decedent, the clerk heir or heir's attorney shall
 22 36 issue prepare and deliver to the county recorder of
 22 37 the county in which the real estate is situated a
 22 38 certificate pertaining to each parcel of real estate
 22 39 described in the inventory or report.  Any fees for
 22 40 certificates or recording fees required by this
 22 41 section or section 633.480 shall be assessed as costs
 22 42 of administration.  The fee for recording and indexing
 22 43 the instrument shall be as provided in section
 22 44 331.604.  The county recorder shall deliver the
 22 45 certificates to the county auditor as provided in
 22 46 section 558.58.
 22 47    Sec. 57.  Section 635.7, Code 2003, is amended to
 22 48 read as follows:
 22 49    635.7  REPORT AND INVENTORY – EXCESS VALUE AND
 22 50 TERMINATION.
 23  1    The executor or administrator is required to file
 23  2 the report and inventory for which provision is made
 23  3 in section 633.361.  Nothing in sections 635.1 to
 23  4 635.3 shall exempt the executor or administrator from
 23  5 complying with the requirements of section 422.27,
 23  6 450.22, or 450.58, or the clerk from complying with
 23  7 the requirements of section 633.481.  If the inventory
 23  8 and report shows assets subject to the jurisdiction of
 23  9 this state which exceed the total gross value of the
 23 10 amount permitted the small estate under the applicable
 23 11 provision of section 635.1, the clerk shall terminate
 23 12 the letters issued under section 635.1 without
 23 13 prejudice to the rights of persons who delivered
 23 14 property as permitted under section 635.3.  The
 23 15 executor or administrator shall then be required to
 23 16 petition for administration of the estate as provided
 23 17 in chapter 633.
 23 18    Sec. 58.  Section 668.13, subsection 3, Code 2003,
 23 19 is amended to read as follows:
 23 20    3.  Interest shall be calculated as of the date of
 23 21 judgment at a rate equal to the one-year treasury
 23 22 constant maturity index published by the federal
 23 23 reserve in the H15 report settled immediately prior to
 23 24 the date of the judgment plus two percent.  The state
 23 25 court administrator shall distribute notice monthly of
 23 26 that rate and any changes to that rate to all district
 23 27 courts.
 23 28    Sec. 59.  Section 902.4, Code 2003, is amended to
 23 29 read as follows:
 23 30    902.4  RECONSIDERATION OF FELON'S SENTENCE.
 23 31    For a period of one year from the date when a
 23 32 person convicted of a felony, other than a class "A"
 23 33 felony or a felony for which a minimum sentence of
 23 34 confinement is imposed, begins to serve a sentence of
 23 35 confinement, the court, on its own motion or on the
 23 36 recommendation of the director of the Iowa department
 23 37 of corrections, may order the person to be returned to
 23 38 the court, at which time the court may review its
 23 39 previous action and reaffirm it or substitute for it
 23 40 any sentence permitted by law.  Copies of the order to
 23 41 return the person to the court shall be provided to
 23 42 the attorney for the state, the defendant's attorney,
 23 43 and the defendant.  Upon a request of the attorney for
 23 44 the state, the defendant's attorney, or the defendant
 23 45 if the defendant has no attorney, the court may, but
 23 46 is not required to, conduct a hearing on the issue of
 23 47 reconsideration of sentence.  The court shall not
 23 48 disclose its decision to reconsider or not to
 23 49 reconsider the sentence of confinement until the date
 23 50 reconsideration is ordered or the date the one-year
 24  1 period expires, whichever occurs first.  The district
 24  2 court retains jurisdiction for the limited purposes of
 24  3 conducting such review and entering an appropriate
 24  4 order notwithstanding the timely filing of a notice of
 24  5 appeal.  The court's final order in the proceeding
 24  6 shall be delivered to the defendant personally or by
 24  7 certified regular mail.  The court's decision to take
 24  8 the action or not to take the action is not subject to
 24  9 appeal.  However, for the purposes of appeal, a
 24 10 judgment of conviction of a felony is a final judgment
 24 11 when pronounced.
 24 12    Sec. 60.  Section 903.2, Code 2003, is amended to
 24 13 read as follows:
 24 14    903.2  RECONSIDERATION OF MISDEMEANANT'S SENTENCE.
 24 15    For a period of thirty days from the date when a
 24 16 person convicted of a misdemeanor begins to serve a
 24 17 sentence of confinement, the court may order the
 24 18 person to be returned to the court, at which time the
 24 19 court may review its previous action and reaffirm it
 24 20 or substitute for it any sentence permitted by law.
 24 21 The sentencing court retains jurisdiction for the
 24 22 limited purposes of conducting such review and
 24 23 entering an appropriate order notwithstanding the
 24 24 timely filing of a notice of appeal or an application
 24 25 for discretionary review.  The court's final order in
 24 26 the proceeding shall be delivered to the defendant
 24 27 personally or by certified regular mail.  Such action
 24 28 is discretionary with the court and its decision to
 24 29 take the action or not to take the action is not
 24 30 subject to appeal.  The other provisions of this
 24 31 section notwithstanding, for the purposes of appeal a
 24 32 judgment of conviction is a final judgment when
 24 33 pronounced.
 24 34    Sec. 61.  Section 907.4, Code 2003, is amended to
 24 35 read as follows:
 24 36    907.4  DEFERRED JUDGMENT DOCKET.
 24 37    A deferment of judgment under section 907.3 shall
 24 38 be reported entered promptly by the clerk of the
 24 39 district court, or the clerk's designee, to the state
 24 40 court administrator for entry in into the deferred
 24 41 judgment docket database of the state, which shall
 24 42 serve as the deferred judgment docket.  The docket
 24 43 shall contain a permanent record of the deferred
 24 44 judgment including the name and date of birth of the
 24 45 defendant, the district court docket number, the
 24 46 nature of the offense, and the date of the deferred
 24 47 judgment.  Before granting deferred judgment in any
 24 48 case, the court shall request of the state court
 24 49 administrator a search of the deferred judgment docket
 24 50 and shall consider any prior record of a deferred
 25  1 judgment against the defendant.  The permanent record
 25  2 provided for in this section is a confidential record
 25  3 exempted from public access under section 22.7 and
 25  4 shall be available only to justices of the supreme
 25  5 court, judges of the court of appeals, district
 25  6 judges, district associate judges, judicial
 25  7 magistrates, clerks of the district court, and county
 25  8 attorneys, and the department of corrections
 25  9 requesting information pursuant to this section, or
 25 10 the designee of a justice, judge, magistrate, clerk,
 25 11 or county attorney, or department.
 25 12    Sec. 62.  Sections 602.6303 and 633.15, Code 2003,
 25 13 are repealed.
 25 14    Sec. 63.  Section 602.6201, subsection 12, as
 25 15 enacted by this Act, is amended by striking the
 25 16 subsection effective July 1, 2008.
 25 17    Sec. 64.  The sections of this Act amending section
 25 18 46.12; section 602.6304, subsections 2 and 3; and
 25 19 sections 602.6403, 602.7103B, and 633.20B are repealed
 25 20 on July 1, 2006.
 25 21    Sec. 65.  RETENTION OF JUDGES.  The amendments in
 25 22 this Act to section 46.16, subsections 2 and 3, apply
 25 23 to elections for retaining a judge occurring after the
 25 24 effective date of this Act.
 25 25    Sec. 66.  JUDICIAL DISTRICT REDISTRICTING INTERIM
 25 26 STUDY COMMITTEE.  The legislative council is requested
 25 27 to establish an interim study committee to study the
 25 28 judicial district and judicial election district
 25 29 redistricting and the allocation of judicial branch
 25 30 resources.  The committee shall review all relevant
 25 31 matters regarding judicial district and judicial
 25 32 election district redistricting, and the allocation of
 25 33 judicial branch resources deemed relevant by the
 25 34 majority of the committee including but not limited to
 25 35 determining whether a misallocation of judicial
 25 36 officers exists between judicial districts, the nature
 25 37 and history of judicial branch resources and a cost
 25 38 analysis of current judicial branch resources, the
 25 39 optimum allocation of resources regardless of judicial
 25 40 district boundaries, the effect of redistricting on
 25 41 the delivery of court services and employee morale, a
 25 42 cost benefits analysis of implementing a redistricting
 25 43 plan, and the recommendations of the Iowa supreme
 25 44 court committee on redistricting.  If after reviewing
 25 45 all relevant matters the committee determines that
 25 46 redistricting should occur, the committee shall adopt
 25 47 a redistricting plan and submit the plan for
 25 48 consideration by the general assembly by December 15,
 25 49 2003.  If the committee determines redistricting
 25 50 should not occur, the committee shall submit to the
 26  1 general assembly other recommendations for achieving
 26  2 an optimum allocation of judicial branch resources by
 26  3 December 15, 2003.  The committee shall consist of
 26  4 twenty-six members with each organization selecting
 26  5 their member or representative as follows:
 26  6    1.  Three members to be selected by the supreme
 26  7 court.
 26  8    2.  One member to be selected by the speaker of the
 26  9 house of representatives.
 26 10    3.  One member to be selected by the president of
 26 11 the senate.
 26 12    4.  Three members of the Iowa state bar
 26 13 association.
 26 14    5.  Three members of the Iowa judges association.
 26 15    6.  Three members of the Iowa trial lawyers
 26 16 association.
 26 17    7.  Two members of the Iowa clerks of court
 26 18 association.
 26 19    8.  One member of the Iowa association of
 26 20 magistrate judges.
 26 21    9.  One member of the Iowa defense counsel
 26 22 association.
 26 23    10.  One member of the Iowa academy of trial
 26 24 lawyers.
 26 25    11.  One member of the Iowa county attorneys
 26 26 association.
 26 27    12.  A representative of the judicial district
 26 28 department of correctional services to be selected by
 26 29 the eight directors of the judicial district
 26 30 department of correctional services.
 26 31    13.  One member of the Iowa sheriffs' and deputies'
 26 32 association.
 26 33    14.  One member of the recorders affiliate of the
 26 34 Iowa state association of counties.
 26 35    15.  One member of the Iowa court reporters
 26 36 association.
 26 37    16.  One member to be selected by the Iowa civil
 26 38 liberties union.
 26 39    17.  One member of the supervisors affiliate of the
 26 40 Iowa state association of counties."
 26 41    #2.  Title page, by striking lines 1 through 6 and
 26 42 inserting the following:  "An Act relating to the
 26 43 judicial branch including by establishing a judicial
 26 44 district and judicial election district redistricting
 26 45 process, making changes to the nomination,
 26 46 appointment, and retention of judges, expanding
 26 47 magistrate courts, eliminating the position of
 26 48 alternate district associate judge, permitting
 26 49 district judgeships to be apportioned or transferred
 26 50 to another judicial district, requiring the county
 27  1 sheriff to serve a summons in certain delinquency
 27  2 proceedings, eliminating the participation of the
 27  3 foster care review board in voluntary foster care
 27  4 placements, waiving the filing fee and court costs in
 27  5 certain contempt actions, changing the duties of and
 27  6 the procedures related to the clerk of the district
 27  7 court, providing that interest on a judgment be
 27  8 calculated upon the one year treasury constant
 27  9 maturity plus two percent, expanding the access of the
 27 10 deferred judgment docket, prohibiting regional
 27 11 litigation centers, modifying the schedule of the
 27 12 probate court, providing for a fee, and providing for
 27 13 a study." 
 27 14 
 27 15 
 27 16                               
 27 17 DONALD B. REDFERN
 27 18 SF 418.701 80
 27 19 jm/cl

Text: S03330                            Text: S03332
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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