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 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 602.1304, 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.  The initial maximum
  1 32 annual deposit amount for a fiscal year is four six 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 employ deputies, assistants, and clerks
  2  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 deputy The 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 ................ 10.00
  2 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, or 633.480, 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