House Study Bill 667 SENATE/HOUSE FILE BY (PROPOSED JUDICIAL BRANCH BILL) Passed Senate, Date Passed House, 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 5284DP 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 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 602.1304, subsection 2, paragraph a, Code 1 21 Supplement 2003, is amended to read as follows: 1 22 a. The enhanced court collections fund is created in the 1 23 state treasury under the authority of the supreme court. The 1 24 fund shall be separate from the general fund of the state and 1 25 the balance in the fund shall not be considered part of the 1 26 balance of the general fund of the state. Notwithstanding 1 27 section 8.33, moneys in the fund shall not revert to the 1 28 general fund, unless and to the extent the total amount of 1 29 moneys deposited into the fund in a fiscal year would exceed 1 30 the maximum annual deposit amount established for the 1 31 collections fund by the general assembly. Theinitialmaximum 1 32 annual deposit amount for a fiscal year isfoursix million 1 33 dollars. Notwithstanding section 12C.7, subsection 2, 1 34 interest or earnings on moneys in the collections fund shall 1 35 remain in the collections fund and any interest and earnings 2 1 shall be in addition to the maximum annual deposit amount. 2 2 Sec. 4. Section 602.8101, subsection 3, Code 2003, is 2 3 amended to read as follows: 2 4 3. The clerk may employdeputies, assistants, and clerks2 5 staff when authorized under section 602.1402 and when 2 6 authorized by the chief judge of the judicial district. The 2 7 clerk is responsible for the acts of these employees.Each 2 8 first deputyThe clerk shall designate one or more employees 2 9 who shall give bond as provided in chapter 64. 2 10 Sec. 5. Section 602.8102, subsections 13 and 57, Code 2 11 Supplement 2003, are amended by striking the subsections. 2 12 Sec. 6. Section 602.8104, subsection 2, paragraph j, Code 2 13 2003, is amended by striking the paragraph. 2 14 Sec. 7. Section 633.31, subsection 2, paragraph i, Code 2 15 2003, is amended to read as follows: 2 16 i. For certifying change of title ................10.002 17 20.00 2 18 Sec. 8. Section 635.7, Code Supplement 2003, is amended to 2 19 read as follows: 2 20 635.7 REPORT AND INVENTORY == EXCESS VALUE AND 2 21 TERMINATION. 2 22 The executor or administrator is required to file the 2 23 report and inventory for which provision is made in section 2 24 633.361. Nothing in sections 635.1 to 635.3 shall exempt the 2 25 executor or administrator from complying with the requirements 2 26 of section 422.27, 450.22, 450.58,or633.480, or 633.481. If 2 27 the inventory and report shows assets subject to the 2 28 jurisdiction of this state which exceed the total gross value 2 29 of the amount permitted the small estate under the applicable 2 30 provision of section 635.1, the clerk shall terminate the 2 31 letters issued under section 635.1 without prejudice to the 2 32 rights of persons who delivered property as permitted under 2 33 section 635.3. The executor or administrator shall then be 2 34 required to petition for administration of the estate as 2 35 provided in chapter 633. 3 1 Sec. 9. Section 636.13, Code 2003, is repealed. 3 2 EXPLANATION 3 3 This bill relates to the procedures and duties of the clerk 3 4 of the district court and the judicial branch. 3 5 The bill makes the state records and archives Act in Code 3 6 chapter 305 applicable to the executive and legislative 3 7 branches exclusively. 3 8 The bill provides that a person issued a citation for 3 9 failing to carry their driver's license while operating a 3 10 motor vehicle shall not be convicted of this offense if the 3 11 person produces their driver's license to the clerk of the 3 12 district court prior to going to court. Current law provides 3 13 that a person shall not be convicted of failing to carry their 3 14 driver's license while operating a motor vehicle if the person 3 15 presents their license at the time of the person's arrest or 3 16 at the time the person is charged with failing to carry a 3 17 driver's license while operating a motor vehicle. 3 18 The bill equalizes the fee for certifying a change of title 3 19 in an estate with other change of title certifications 3 20 pursuant to Code section 602.8105 by increasing the change of 3 21 title certification fee in an estate from $10 to $20. The 3 22 distribution of the fee is governed by Code section 602.8108. 3 23 The bill increases the annual deposit into the enhanced 3 24 court collections fund from $4 million to $6 million. The 3 25 moneys deposited into the fund are from fees and other revenue 3 26 collected by the judicial branch. The fund is to be used by 3 27 the judicial branch for the Iowa court information system and 3 28 other technological improvements related to administering the 3 29 judicial branch. 3 30 The bill provides that the clerk of the district court may 3 31 have employees when authorized. Current law provides that the 3 32 clerk of the district court may employ deputies, assistants, 3 33 and clerks. 3 34 The bill provides the executor or administrator of an 3 35 estate shall comply with the requirements of Code section 4 1 633.480, which require the executor or administrator to 4 2 deliver certificates pertaining to each parcel of real estate 4 3 to the county recorder. 4 4 The bill repeals Code section 636.13, which requires the 4 5 clerk of the district court to keep a book of surety company 4 6 certificates and revocations. 4 7 LSB 5284DP 80 4 8 jm/sh/8