House File 2775 - Introduced
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HF 2714)
(SUCCESSOR TO HSB 639)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the judicial branch including the assessment
2 of court fees and costs.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5300HZ 81
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PAG LIN
1 1 Section 1. Section 321.20B, subsection 4, paragraph a,
1 2 subparagraph (2), Code 2005, is amended to read as follows:
1 3 (2) Issue a citation to the driver. If a citation is
1 4 issued, the citation shall be issued under this subparagraph
1 5 unless the driver has been previously charged and cited for a
1 6 violation of subsection 1. A citation which is issued and
1 7 subsequently dismissed shall be disregarded for purposes of
1 8 determining if the driver has been previously charged and
1 9 cited.
1 10 Sec. 2. Section 321.20B, subsection 4, paragraph c, Code
1 11 2005, is amended to read as follows:
1 12 c. An owner or driver cited for a violation of subsection
1 13 1, who produces to the clerk of court prior to the date of the
1 14 individual's person's court appearance as indicated on the
1 15 citation proof that financial liability coverage was in effect
1 16 for the motor vehicle at the time the person was stopped and
1 17 cited, shall not be convicted of such violation and the
1 18 citation issued shall be dismissed by the court. Upon
1 19 dismissal, the court or clerk of court shall assess the costs
1 20 of the action against the defendant named on the citation.
1 21 Sec. 3. Section 321.20B, subsection 5, paragraph b, Code
1 22 2005, is amended to read as follows:
1 23 b. Issue a citation. An owner or driver who produces to
1 24 the clerk of court prior to the date of the individual's
1 25 person's court appearance as indicated on the citation proof
1 26 that the financial liability coverage was in effect for the
1 27 motor vehicle at the time the person was stopped and cited, or
1 28 if the driver is not the owner of the motor vehicle, proof
1 29 that liability coverage was in effect for the driver with
1 30 respect to the motor vehicle being driven at the time the
1 31 driver was stopped and cited in the same manner as if the
1 32 motor vehicle were owned by the driver, shall be given a
1 33 receipt indicating that proof was provided, and the citation
1 34 issued shall be dismissed by the court. Upon dismissal, the
1 35 court or clerk of court shall assess the costs of the action
2 1 against the defendant named on the citation.
2 2 Sec. 4. Section 321.174, subsection 3, Code 2005, is
2 3 amended to read as follows:
2 4 3. A licensee shall have the licensee's driver's license
2 5 in immediate possession at all times when operating a motor
2 6 vehicle and shall display the same, upon demand of a judicial
2 7 magistrate, district associate judge, district judge, peace
2 8 officer, or examiner of the department. However, a person
2 9 charged with violating this subsection shall not be convicted
2 10 and the citation shall be dismissed by the court if the person
2 11 produces to the clerk of the district court, prior to the
2 12 licensee's court date indicated on the citation, a driver's
2 13 license issued to that person and valid for the vehicle
2 14 operated at the time of the person's arrest or at the time the
2 15 person was charged with a violation of this section. Upon
2 16 dismissal, the court or clerk of court shall assess the costs
2 17 of the action against the defendant named on the citation.
2 18 Sec. 5. Section 327B.1, subsection 7, Code Supplement
2 19 2005, is amended by striking the subsection and inserting in
2 20 lieu thereof the following:
2 21 7. A motor carrier owner or driver charged with failure to
2 22 have proper evidence of interstate authority shall not be
2 23 convicted of such violation and the citation shall be
2 24 dismissed by the court if the person produces to the clerk of
2 25 court prior to the date of such person's court appearance as
2 26 indicated on the citation, proof of interstate authority
2 27 issued to that person and valid at the time the person was
2 28 charged with the violation under this section. Upon
2 29 dismissal, the court or clerk of court shall assess the costs
2 30 of the action against the defendant named on the citation.
2 31 Sec. 6. Section 582.4, Code 2005, is amended to read as
2 32 follows:
2 33 582.4 LIEN BOOK DOCKET == FEES.
2 34 Every clerk of the district court shall, at the expense of
2 35 the county, provide a suitable well=bound book to be called
3 1 the maintain a hospital lien docket in which, upon the filing
3 2 of any lien claim under the provisions of this chapter, the
3 3 clerk shall enter the name of the injured person, the date of
3 4 the accident, and the name of the hospital or other
3 5 institution making the claim. The clerk shall make a proper
3 6 index of the same in the name of the injured person and the
3 7 clerk shall collect a fee of ten dollars in the amount
3 8 provided for in section 602.8105 for filing each lien claim.
3 9 Sec. 7. Section 602.8105, subsection 1, Code Supplement
3 10 2005, is amended by adding the following new paragraph:
3 11 NEW PARAGRAPH. g. For filing and docketing a transcript
3 12 of the judgment in a civil case, fifty dollars.
3 13 Sec. 8. Section 602.8105, subsection 2, paragraph b, Code
3 14 Supplement 2005, is amended to read as follows:
3 15 b. For filing and entering an agricultural supply dealer's
3 16 lien and any other statutory lien, twenty dollars.
3 17 Sec. 9. Section 631.6, subsection 1, paragraph c, Code
3 18 2005, is amended to read as follows:
3 19 c. Postage charged for the mailing of original notice
3 20 shall be eight ten dollars.
3 21 EXPLANATION
3 22 This bill relates to the judicial branch, including the
3 23 assessment of court fees and costs.
3 24 The bill authorizes the court to assess costs of an action
3 25 against an owner or driver, including a nonresident driver,
3 26 who was stopped and cited by a peace officer for failure to
3 27 provide proof of financial liability coverage but who later
3 28 produces proof that financial liability coverage was in effect
3 29 at the time the owner or driver was stopped and cited.
3 30 The bill provides a procedure for dismissing cases
3 31 involving the licensure of a motor carrier owner or driver
3 32 consistent with procedures for dismissing similar licensure
3 33 violations in Iowa.
3 34 The bill increases the fee for filing a hospital lien from
3 35 $10 to $20. This fee is consistent with the fees charged for
4 1 all other statutory liens.
4 2 The bill creates a $50 fee for filing and docketing a
4 3 transcript of the judgment in a civil case.
4 4 The bill increases the amount charged for the mailing of a
4 5 an original notice in a small claims case from $8 to $10.
4 6 LSB 5300HZ 81
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