House File 2625 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 508)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to filing and docketing fees collected by the
  2    clerk of the district court for parking violations and tribal
  3    judgments, fees for examination and admission to practice law,
  4    appropriations from the jury and witness fee revolving fund,
  5    and providing an effective date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 5469HV 82
  8 jm/rj/5

PAG LIN



  1  1    Section 1.  Section 602.1302, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  A revolving fund is created in the state treasury for
  1  4 the payment of jury and witness fees, mileage, costs related
  1  5 to providing information to, supporting, and summoning jurors
  1  6 by the judicial branch, and attorney fees paid by the state
  1  7 public defender for counsel appointed pursuant to section
  1  8 600A.6A.  The judicial branch shall deposit any reimbursements
  1  9 to the state for the payment of jury and witness fees and
  1 10 mileage in the revolving fund.  In each calendar quarter the
  1 11 judicial branch shall reimburse the state public defender for
  1 12 attorney fees paid pursuant to section 600A.6B.
  1 13 Notwithstanding section 8.33, unencumbered and unobligated
  1 14 receipts in the revolving fund at the end of a fiscal year do
  1 15 not revert to the general fund of the state.  The judicial
  1 16 branch shall on or before February 1 file a financial
  1 17 accounting of the moneys in the revolving fund with the
  1 18 legislative services agency.  The accounting shall include an
  1 19 estimate of disbursements from the revolving fund for the
  1 20 remainder of the fiscal year and for the next fiscal year.
  1 21    Sec. 2.  Section 602.8105, subsection 1, Code Supplement
  1 22 2007, is amended by adding the following new paragraph:
  1 23    NEW PARAGRAPH.  aa.  For filing a tribal judgment, one
  1 24 hundred dollars.
  1 25    Sec. 3.  Section 602.8106, subsection 1, paragraph c, Code
  1 26 Supplement 2007, is amended to read as follows:
  1 27    c.  For filing and docketing a complaint or information or
  1 28 uniform citation and complaint for parking violations under
  1 29 sections 321.236, 321.239, 321.358, 321.360, and 321.361,
  1 30 eight twenty=five dollars, effective January 1, 2004 2009.
  1 31 The court costs in cases of parking meter and overtime parking
  1 32 violations which are denied, and charged and collected
  1 33 pursuant to section 321.236, subsection 1, or pursuant to a
  1 34 uniform citation and complaint, are eight dollars per
  1 35 information or complaint or per uniform citation and complaint
  2  1 effective January 1, 1991.
  2  2    Sec. 4.  Section 602.10108, Code 2007, is amended to read
  2  3 as follows:
  2  4    602.10108  FEES.
  2  5    1.  The board supreme court shall set the fees for
  2  6 examination and for admission.  The fees for examination shall
  2  7 be based upon the annual cost of administering the
  2  8 examinations.  The fees for admission shall be based upon the
  2  9 costs of conducting an investigation of the applicant and the
  2 10 administrative costs of sustaining the board, which shall
  2 11 include but shall not be limited to:
  2 12    1.  Expenses and travel for board members and temporary
  2 13 examiners.
  2 14    2.  Office facilities, supplies, and equipment.
  2 15    3.  Clerical assistance.
  2 16    2.  Fees shall be collected by the board and transmitted to
  2 17 the treasurer of state who shall deposit the fees in the
  2 18 general fund of the state the board and used to offset the
  2 19 costs of administering this article.
  2 20    Sec. 5.  Section 626D.3, Code Supplement 2007, is amended
  2 21 by adding the following new subsection:
  2 22    NEW SUBSECTION.  3A.  For filing a tribal judgment, the
  2 23 clerk of the district court shall collect the fee set out in
  2 24 section 602.8105, subsection 1.
  2 25    Sec. 6.  EFFECTIVE DATE.  The sections of this Act amending
  2 26 sections 602.8105 and 626D.3 take effect January 1, 2009.
  2 27                           EXPLANATION
  2 28    This bill relates to filing and docketing fees collected by
  2 29 the clerk of the district court, assessing fees for
  2 30 examination and admission to practice law, and the
  2 31 distribution of funds for juror service.
  2 32    The bill establishes a fee to be collected by the clerk of
  2 33 the district court, effective January 1, 2009, in the amount
  2 34 of $100 for the filing of a tribal judgment.  The distribution
  2 35 of court fees collected by the clerk of the district court is
  3  1 controlled by Code section 602.8108.
  3  2    The bill permits the distribution of funds from the jury
  3  3 and witness fee revolving fund created in Code section
  3  4 602.1302 for costs related to providing information to and
  3  5 supporting potential jurors called for service.  Under current
  3  6 law the distribution of funds to jurors is limited to juror
  3  7 fees, mileage, and costs related to summoning potential
  3  8 jurors.
  3  9    The bill increases the filing and docketing fee, effective
  3 10 January 1, 2009, from $8 to $25 for a complaint, information,
  3 11 or uniform citation and complaint for parking violations under
  3 12 Code sections 321.236 (violations of local ordinances),
  3 13 321.239 (violations of county ordinances), 321.358 (unlawful
  3 14 parking in certain places), 321.360 (parking near theaters or
  3 15 hotels), and 321.361 (additional parking regulations).
  3 16    The bill also eliminates the assessment of court costs in
  3 17 the amount of $8 if a person challenges a parking violation
  3 18 under Code section 321.236.
  3 19    The bill transfers the authority to set fees for
  3 20 examination and admission to practice law in Iowa from the
  3 21 board of law examiners to the supreme court.  The bill also
  3 22 directs the fees collected for examination and admission be
  3 23 used to offset the costs of administering the examination and
  3 24 admission process to practice law.  Current law requires the
  3 25 examination and admission fees to be deposited into the
  3 26 general fund of the state.
  3 27 LSB 5469HV 82
  3 28 jm/rj/5