Senate File 2357 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3103)
Passed Senate, Date Passed House, 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 5300SV 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 602.1304, subsection 2, paragraph a, Code
3 10 Supplement 2005, is amended to read as follows:
3 11 a. The enhanced court collections fund is created in the
3 12 state treasury under the authority of the supreme court. The
3 13 fund shall be separate from the general fund of the state and
3 14 the balance in the fund shall not be considered part of the
3 15 balance of the general fund of the state. Notwithstanding
3 16 section 8.33, moneys in the fund shall not revert to the
3 17 general fund, unless and to the extent the total amount of
3 18 moneys deposited into the fund in a fiscal year would exceed
3 19 the maximum annual deposit amount established for the
3 20 collections fund by the general assembly. The initial maximum
3 21 annual deposit amount for a fiscal year is four six million
3 22 dollars. Notwithstanding section 12C.7, subsection 2,
3 23 interest or earnings on moneys in the collections fund shall
3 24 remain in the collections fund and any interest and earnings
3 25 shall be in addition to the maximum annual deposit amount.
3 26 Sec. 8. Section 602.8105, subsection 1, Code Supplement
3 27 2005, is amended by adding the following new paragraph:
3 28 NEW PARAGRAPH. g. For filing and docketing a transcript
3 29 of the judgment in a civil case, fifty dollars.
3 30 Sec. 9. Section 602.8105, subsection 2, paragraph b, Code
3 31 Supplement 2005, is amended to read as follows:
3 32 b. For filing and entering an agricultural supply dealer's
3 33 lien and any other statutory lien, twenty dollars.
3 34 Sec. 10. Section 602.8105, Code Supplement 2005, is
3 35 amended by adding the following new subsection:
4 1 NEW SUBSECTION. 5. The clerk of the district court shall
4 2 collect the following fees in connection with probate matters:
4 3 a. For reports and inventories filed pursuant to section
4 4 450.22, for filing and docketing a petition for a
4 5 conservatorship or guardianship pursuant to section 633.27A,
4 6 for filing and docketing a petition for probate of a will
4 7 pursuant to section 633.290, for admission of a will to
4 8 probate without administration of the estate pursuant to
4 9 section 633.305, for recording a transcript of a record entry
4 10 of an order admitting a will to probate in a county other than
4 11 the county in which probate is granted pursuant to section
4 12 633.306, for filing a petition to set aside the probate of a
4 13 will pursuant to section 633.308, for admission of a foreign
4 14 probated will pursuant to section 633.496, and for filing a
4 15 petition for administration of a small estate pursuant to
4 16 chapter 635, one hundred dollars.
4 17 b. In addition to the fee required by paragraph "a", there
4 18 shall be an additional fee if the value of the personal
4 19 property and real estate of the decedent or ward who is the
4 20 subject of a probate matter exceeds twenty=five thousand
4 21 dollars. The additional fee shall be one dollar for each one
4 22 thousand dollar increment of value of property in excess of
4 23 twenty=five thousand dollars. The additional fee is due and
4 24 payable at the time of filing of the probate inventory or
4 25 initial report and shall be paid in full for the court to
4 26 enter an order approving the final report. The additional fee
4 27 shall not be applied to any property transferred to a
4 28 testamentary trust from an estate that has been administered
4 29 in this state and for which court fees have been assessed and
4 30 paid.
4 31 c. For certifying a change of title, twenty dollars.
4 32 Sec. 11. Section 631.6, subsection 1, paragraph c, Code
4 33 2005, is amended to read as follows:
4 34 c. Postage charged for the mailing of original notice
4 35 shall be eight ten dollars.
5 1 Sec. 12. Section 633.31, Code 2005, is amended to read as
5 2 follows:
5 3 633.31 CALENDAR == FEES IN PROBATE.
5 4 1. The clerk shall keep a court calendar, and enter
5 5 thereon such matters as the court may prescribe.
5 6 2. The clerk shall charge and collect the following fees
5 7 in connection with probate matters pursuant to section
5 8 602.8105, which shall be deposited in the account established
5 9 under section 602.8108:.
5 10 a. For services performed in short form
5 11 probates pursuant to sections 450.22 and 450.44 ....... $ 15.00
5 12 b. For services performed in probate of will
5 13 without administration ................................ $ 15.00
5 14 c. For filing and indexing a transcript
5 15 ....................................................... $ 5.00
5 16 d. For taking and approving a bond, or the
5 17 sureties on a bond .................................... $ 20.00
5 18 e. For entering a rule or order ................... $ 10.00
5 19 f. For certificate and seal ....................... $ 10.00
5 20 g. For making a complete record where real
5 21 estate is sold ...... per 100 words ................... $ .20
5 22 h. For making a transcript or copies of
5 23 orders or records filed in the clerk's
5 24 office .............. per 100 words ................... $ .50
5 25 i. For certifying change of title ................. $ 20.00
5 26 j. For issuing commission to appraisers ........... $ 2.00
5 27 k. For other services performed in the settlement of the
5 28 estate of any decedent, minor, person with mental illness, or
5 29 other persons laboring under legal disability, except where
5 30 actions are brought by the administrator, guardian, trustee,
5 31 or person acting in a representative capacity or against that
5 32 person, or as may be otherwise provided herein, where the
5 33 value of the personal property and real estate of such a
5 34 person falls within the following indicated amounts, the fee
5 35 opposite such amount shall be charged.
6 1 Up to $3,000.00 .................................... $ 5.00
6 2 3,000.00 to 5,000.00 .............................. $ 10.00
6 3 5,000.00 to 7,000.00 .............................. $ 15.00
6 4 7,000.00 to 10,000.00 .............................. $ 20.00
6 5 10,000.00 to 15,000.00 ............................. $ 25.00
6 6 15,000.00 to 25,000.00 ............................. $ 30.00
6 7 For each additional $25,000.00 or major
6 8 fraction thereof ...................................... $ 25.00
6 9 l. For services performed in small estate
6 10 administration ........................................ $ 15.00
6 11 3. The fee set forth in subsection 2, paragraph "k", shall
6 12 not be charged on any property transferred to a testamentary
6 13 trust from an estate that has been administered in this state
6 14 and for which court costs have been assessed and paid.
6 15 EXPLANATION
6 16 This bill relates to the judicial branch, including the
6 17 assessment of court fees and costs.
6 18 The bill authorizes the court to assess costs of an action
6 19 against an owner or driver, including a nonresident driver,
6 20 who was stopped and cited by a peace officer for failure to
6 21 provide proof of financial liability coverage but who later
6 22 produces proof that financial liability coverage was in effect
6 23 at the time the owner or driver was stopped and cited.
6 24 The bill provides a procedure for dismissing cases
6 25 involving the licensure of a motor carrier owner or driver
6 26 consistent with procedures for dismissing similar licensure
6 27 violations in Iowa.
6 28 The bill increases the fee for filing a hospital lien from
6 29 $10 to $20. This fee is consistent with the fees charged for
6 30 all other statutory liens.
6 31 The bill increases the maximum annual deposit amount for
6 32 the enhanced court collections fund from $4 million to $6
6 33 million.
6 34 The bill creates a $50 fee for filing and docketing a
6 35 transcript of the judgment in a civil case.
7 1 The bill eliminates fees charged for certain probate
7 2 services associated with small estates, guardianships, and
7 3 conservatorships and revises filing fees associated with the
7 4 value of the estate. The clerk of the district court is
7 5 directed to deposit such fees collected in the account
7 6 established in Code section 602.8108.
7 7 The bill increases the amount charged for the mailing of a
7 8 an original notice in a small claims case from $8 to $10.
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