Senate File 118 - Enrolled




                                             SENATE FILE 118

                             AN ACT
 RELATING TO THE JUDICIAL BRANCH INCLUDING CONTESTED AND
    UNCONTESTED PARKING VIOLATIONS, CITY AND COUNTY PENALTIES,
    FILING CIVIL CITATIONS OF MUNICIPAL INFRACTIONS WITH THE
    CLERK, RECORDS KEPT BY THE CLERK, AND SERVICE OF ORIGINAL
    NOTICE IN A SMALL CLAIMS ACTION.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.236, subsection 1, unnumbered
 paragraph 2, Code 2009, is amended to read as follows:
    Parking meter, snow route, and overtime parking violations
 which are denied contested shall be charged and proceed before
 a court the same as other traffic violations.  Filing fees and
 court costs shall be assessed as provided in section 602.8106,
 subsection 1 and section 805.6, subsection 1, paragraph "a"
 for parking violation cases.  Parking violations which are
 admitted:
    Sec. 2.  Section 321.236, subsection 1, paragraphs a and b,
 Code 2009, are amended to read as follows:
    a.  May Parking violations which are uncontested shall be
 charged and collected upon a simple notice of a fine payable
 to the city clerk, if authorized by ordinance.  The fine for
 each violation charged under a simple notice of a fine shall
 be established by ordinance.  The fine may be increased by
 five dollars if the parking violation is not paid within
 thirty days of the date upon which the violation occurred, if
 authorized by ordinance.  Violations of section 321L.4,
 subsection 2, may shall be charged and collected upon a simple
 notice of a one hundred dollar fine payable to the city clerk,
 if authorized by ordinance.  No costs Costs or other charges
 shall not be assessed.  All fines collected by a city pursuant
 to this paragraph shall be retained by the city and all fines
 collected by a county pursuant to this paragraph shall be
 retained by the county, except as provided by an agreement
 between a city and a county treasurer for the collection of
 fines pursuant to section 331.553, subsection 8.
    b.  Notwithstanding any such ordinance, may be prosecuted
 under the provisions of sections 805.7 to 805.13 or as any
 other traffic violation.
    Sec. 3.  Section 331.302, subsection 2, Code 2009, is
 amended to read as follows:
    2.  A For a violation of an ordinance a county shall not
 provide a penalty in excess of a five hundred dollar the
 maximum fine or in excess of thirty days and term of
 imprisonment for the violation of an ordinance a simple
 misdemeanor under section 903.1, subsection 1, paragraph "a".
 The criminal penalty surcharge required by section 911.1 shall
 be added to a county fine and is not a part of the county's
 penalty.
    Sec. 4.  Section 331.302, subsection 4A, paragraph a,
 subparagraph (2), Code 2009, is amended to read as follows:
    (2)  A portion of the Code of Iowa may be adopted by
 reference only if the criminal penalty provided by the law
 adopted does not exceed thirty days the maximum fine and term
 of imprisonment and a five hundred dollar fine for a simple
 misdemeanor under section 903.1, subsection 1, paragraph "a".
    Sec. 5.  Section 364.3, subsection 2, Code 2009, is amended
 to read as follows:
    2.  A For a violation of an ordinance a city shall not
 provide a penalty in excess of a five hundred dollar the
 maximum fine or in excess of thirty days' and term of
 imprisonment for the violation of an ordinance a simple
 misdemeanor under section 903.1, subsection 1, paragraph "a".
 An amount equal to ten percent of all fines collected by
 cities shall be deposited in the account established in
 section 602.8108.  However, one hundred percent of all fines
 collected by a city pursuant to section 321.236, subsection 1,
 shall be retained by the city.  The criminal penalty surcharge
 required by section 911.1 shall be added to a city fine and is
 not a part of the city's penalty.
    Sec. 6.  Section 364.22, subsection 4, unnumbered paragraph
 1, Code 2009, is amended to read as follows:
    An officer authorized by a city to enforce a city code or
 regulation may issue a civil citation to a person who commits
 a municipal infraction.  The A copy of the citation may be
 served by personal service as provided in rule of civil
 procedure 1.305, by certified mail addressed to the defendant
 at the defendant's last known mailing address, return receipt
 requested, or by publication in the manner as provided in rule
 of civil procedure 1.310 and subject to the conditions of rule
 of civil procedure 1.311.  A copy of the citation shall be
 retained by the issuing officer, and one copy the original
 citation shall be sent to the clerk of the district court.
 The citation shall serve as notification that a civil offense
 has been committed and shall contain the following
 information:
    Sec. 7.  Section 380.10, subsection 2, Code 2009, is
 amended to read as follows:
    2.  A portion of the Code of Iowa may be adopted by
 reference only if the criminal penalty provided by the law
 adopted does not exceed thirty days' the maximum fine and term
 of imprisonment and a five hundred dollar fine for a simple
 misdemeanor under section 903.1, subsection 1, paragraph "a".
    Sec. 8.  Section 523I.602, subsection 4, Code 2009, is
 amended to read as follows:
    4.  RECEIPT == CEMETERY RECORD.  Every such trustee shall
 execute and deliver to the donor a receipt showing the amount
 of money or other property received, and the use to be made of
 the net proceeds from the same, duly attested by the clerk of
 the court granting letters of trusteeship, and a copy thereof,
 signed by the trustee and so attested, shall be filed with and
 recorded by the clerk in a book to be known as the cemetery
 record, in which shall be recorded all reports and other
 papers, including orders made by the court relative to
 cemetery matters and the trustee shall keep a signed and
 attested copy of the receipt.
    Sec. 9.  Section 602.8104, subsection 2, paragraph h, Code
 2009, is amended by striking the paragraph.
    Sec. 10.  Section 602.8104, subsection 2, Code 2009, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  k.  A record book of certificates of
 deposit, not in the clerk's name, which are being held by the
 clerk on behalf of a conservatorship, trust, or an estate
 pursuant to a court order as provided in section 636.37.
    Sec. 11.  Section 602.8106, subsection 1, paragraph c, Code
 2009, is amended to read as follows:
    c.  For filing and docketing a complaint or information or
 uniform citation and complaint for parking violations under
 sections 321.236, 321.239, 321.358, 321.360, and 321.361,
 eight dollars, effective January 1, 2004.  The court costs in
 cases of parking meter and overtime parking violations which
 are denied contested, and charged and collected pursuant to
 section 321.236, subsection 1, or pursuant to a uniform
 citation and complaint, are eight dollars per information or
 complaint or per uniform citation and complaint effective
 January 1, 1991.
    Sec. 12.  Section 631.4, subsection 1, paragraph a, Code
 2009, is amended to read as follows:
    a.  If the defendant is a resident of this state, or if the
 defendant is a nonresident of this state and is subject to the
 jurisdiction of the court under rule of civil procedure 1.306,
 the plaintiff may elect service under this paragraph, and upon
 receipt of the prescribed costs the clerk shall mail to the
 defendant by certified mail, restricted delivery, return
 receipt to the clerk requested, a copy of the original notice
 together with a conforming copy of an answer form.  However,
 if the defendant is a corporation, partnership, or
 association, the clerk shall mail to the defendant by
 certified mail, return receipt to the clerk requested, a copy
 of the original notice with a conforming copy of an answer
 form.  The defendant is required to appear within twenty days
 following the date service is made.
    Sec. 13.  Section 636.37, Code 2009, is amended to read as
 follows:
    636.37  DUTY OF CLERK.
    1.  The clerk of the district court with whom any deposit
 of funds, moneys, or securities shall be made, as provided by
 any law or an order of court, shall enter in a book, to be
 provided and kept for that purpose, the amount of such
 deposit, the character thereof, the date of its deposit, from
 whom received, from what source derived, to whom due or to
 become due, if known.
    2.  A separate book shall be maintained for all
 certificates of deposit not in the name of the clerk of the
 district court that are being held by the clerk on behalf of a
 conservatorship, trust, or estate.  The book shall list the
 relevant details of the transaction, including but not limited
 to the name of the conservator, trustee, or executor, and
 cross references to the court orders opening and closing the
 conservatorship, trust, or estate.
    Sec. 14.  Section 805.8A, subsection 1, paragraph a, Code
 2009, is amended to read as follows:
    a.  For parking violations under sections 321.236, 321.239,
 321.358, 321.360, and 321.361, the scheduled fine is five
 dollars, except if the local authority has established the
 fine by ordinance pursuant to section 321.236, subsection 1.
 The scheduled fine for a parking violation pursuant to section
 321.236 increases by five dollars, as if authorized by
 ordinance pursuant to section 321.236, subsection 1, and if
 the parking violation is not paid within thirty days of the
 date upon which the violation occurred.  For purposes of
 calculating the unsecured appearance bond required under
 section 805.6, the scheduled fine shall be five dollars, or if
 the amount of the fine is greater than five dollars, the
 unsecured appearance bond shall be the amount of the fine
 established by the local authority pursuant to section
 321.236, subsection 1.  However, violations charged by a city
 or county upon simple notice of a fine instead of a uniform
 citation and complaint as permitted required by section
 321.236, subsection 1, paragraph "a", are not scheduled
 violations, and this section shall not apply to any offense
 charged in that manner.  For a parking violation under section
 321.362 or 461A.38, the scheduled fine is ten dollars.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 118, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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