House File 2442
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 667)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the procedures and duties of the clerk of the
2 district court and the judicial branch, and providing for a
3 fee.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5284HV 80
6 jm/sh/8
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 produces in 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 employ deputies, assistants, and clerks
1 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. Each
1 26 first deputy The 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 ................ 10.00
2 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, or 633.480, 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