House Study Bill 31 



                                       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 judicial branch including contested and
  2    uncontested parking violations, filing civil citations of
  3    municipal infractions with the clerk, records kept by the
  4    clerk, and service of original notice in a small claims
  5    action.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.236, subsection 1, unnumbered
  1  2 paragraph 2, Code 2009, is amended to read as follows:
  1  3    Parking meter, snow route, and overtime parking violations
  1  4 which are denied contested shall be charged and proceed before
  1  5 a court the same as other traffic violations.  Filing fees and
  1  6 court costs shall be assessed as provided in section 602.8106,
  1  7 subsection 1 and section 805.6, subsection 1, paragraph "a"
  1  8 for parking violation cases.  Parking violations which are
  1  9 admitted:
  1 10    Sec. 2.  Section 321.236, subsection 1, paragraphs a and b,
  1 11 Code 2009, are amended to read as follows:
  1 12    a.  May Parking violations which are uncontested shall be
  1 13 charged and collected upon a simple notice of a fine payable
  1 14 to the city clerk, if authorized by ordinance.  The fine for
  1 15 each violation charged under a simple notice of a fine shall
  1 16 be established by ordinance.  The fine may be increased by
  1 17 five dollars if the parking violation is not paid within
  1 18 thirty days of the date upon which the violation occurred, if
  1 19 authorized by ordinance.  Violations of section 321L.4,
  1 20 subsection 2, may shall be charged and collected upon a simple
  1 21 notice of a one hundred dollar fine payable to the city clerk,
  1 22 if authorized by ordinance.  No costs Costs or other charges
  1 23 shall be assessed.  All fines collected by a city pursuant to
  1 24 this paragraph shall be retained by the city and all fines
  1 25 collected by a county pursuant to this paragraph shall be
  1 26 retained by the county, except as provided by an agreement
  1 27 between a city and a county treasurer for the collection of
  1 28 fines pursuant to section 331.553, subsection 8.
  1 29    b.  Notwithstanding any such ordinance, may be prosecuted
  1 30 under the provisions of sections 805.7 to 805.13 or as any
  1 31 other traffic violation.
  1 32    Sec. 3.  Section 364.22, subsection 4, unnumbered paragraph
  1 33 1, Code 2009, is amended to read as follows:
  1 34    An officer authorized by a city to enforce a city code or
  1 35 regulation may issue a civil citation to a person who commits
  2  1 a municipal infraction.  The A copy of the citation may be
  2  2 served by personal service as provided in rule of civil
  2  3 procedure 1.305, by certified mail addressed to the defendant
  2  4 at the defendant's last known mailing address, return receipt
  2  5 requested, or by publication in the manner as provided in rule
  2  6 of civil procedure 1.310 and subject to the conditions of rule
  2  7 of civil procedure 1.311.  A copy of the citation shall be
  2  8 retained by the issuing officer, and one copy the original
  2  9 citation shall be sent to the clerk of the district court.
  2 10 The citation shall serve as notification that a civil offense
  2 11 has been committed and shall contain the following
  2 12 information:
  2 13    Sec. 4.  Section 523I.602, subsection 4, Code 2009, is
  2 14 amended to read as follows:
  2 15    4.  RECEIPT == CEMETERY RECORD.  Every such trustee shall
  2 16 execute and deliver to the donor a receipt showing the amount
  2 17 of money or other property received, and the use to be made of
  2 18 the net proceeds from the same, duly attested by the clerk of
  2 19 the court granting letters of trusteeship, and a copy thereof,
  2 20 signed by the trustee and so attested, shall be filed with and
  2 21 recorded by the clerk in a book to be known as the cemetery
  2 22 record, in which shall be recorded all reports and other
  2 23 papers, including orders made by the court relative to
  2 24 cemetery matters and the trustee shall keep a signed and
  2 25 attested copy of the receipt.
  2 26    Sec. 5.  Section 602.8104, subsection 2, paragraph h, Code
  2 27 2009, is amended by striking the paragraph.
  2 28    Sec. 6.  Section 602.8104, subsection 2, Code 2009, is
  2 29 amended by adding the following new paragraph:
  2 30    NEW PARAGRAPH.  k.  A record book of certificates of
  2 31 deposit, not in the clerk's name, which are being held by the
  2 32 clerk on behalf of a conservatorship, trust, or an estate
  2 33 pursuant to a court order as provided in section 636.37.
  2 34    Sec. 7.  Section 602.8106, subsection 1, paragraph c, Code
  2 35 2009, is amended to read as follows:
  3  1    c.  For filing and docketing a complaint or information or
  3  2 uniform citation and complaint for parking violations under
  3  3 sections 321.236, 321.239, 321.358, 321.360, and 321.361,
  3  4 eight dollars, effective January 1, 2004.  The court costs in
  3  5 cases of parking meter and overtime parking violations which
  3  6 are denied contested, and charged and collected pursuant to
  3  7 section 321.236, subsection 1, or pursuant to a uniform
  3  8 citation and complaint, are eight dollars per information or
  3  9 complaint or per uniform citation and complaint effective
  3 10 January 1, 1991.
  3 11    Sec. 8.  Section 631.4, subsection 1, paragraph a, Code
  3 12 2009, is amended to read as follows:
  3 13    a.  If the defendant is a resident of this state, or if the
  3 14 defendant is a nonresident of this state and is subject to the
  3 15 jurisdiction of the court under rule of civil procedure 1.306,
  3 16 the plaintiff may elect service under this paragraph, and upon
  3 17 receipt of the prescribed costs the clerk shall mail to the
  3 18 defendant by certified mail, restricted delivery, return
  3 19 receipt to the clerk requested, a copy of the original notice
  3 20 together with a conforming copy of an answer form.  However,
  3 21 if the defendant is a corporation, partnership, or
  3 22 association, the clerk shall mail to the defendant by
  3 23 certified mail, return receipt to the clerk requested, a copy
  3 24 of the original notice with a conforming copy of an answer
  3 25 form.  The defendant is required to appear within twenty days
  3 26 following the date service is made.
  3 27    Sec. 9.  Section 636.37, Code 2009, is amended to read as
  3 28 follows:
  3 29    636.37  DUTY OF CLERK.
  3 30    1.  The clerk of the district court with whom any deposit
  3 31 of funds, moneys, or securities shall be made, as provided by
  3 32 any law or an order of court, shall enter in a book, to be
  3 33 provided and kept for that purpose, the amount of such
  3 34 deposit, the character thereof, the date of its deposit, from
  3 35 whom received, from what source derived, to whom due or to
  4  1 become due, if known.
  4  2    2.  A separate book shall be maintained for all
  4  3 certificates of deposit not in the name of the clerk of the
  4  4 district court that are being held by the clerk on behalf of a
  4  5 conservatorship, trust, or estate.  The book shall list the
  4  6 relevant details of the transaction, including but not limited
  4  7 to the name of the conservator, trustee, or executor, and
  4  8 cross references to the court orders opening and closing the
  4  9 conservatorship, trust, or estate.
  4 10    Sec. 10.  Section 805.8A, subsection 1, paragraph a, Code
  4 11 2009, is amended to read as follows:
  4 12    a.  For parking violations under sections 321.236, 321.239,
  4 13 321.358, 321.360, and 321.361, the scheduled fine is five
  4 14 dollars, except if the local authority has established the
  4 15 fine by ordinance pursuant to section 321.236, subsection 1.
  4 16 The scheduled fine for a parking violation pursuant to section
  4 17 321.236 increases by five dollars, as if authorized by
  4 18 ordinance pursuant to section 321.236, subsection 1, and if
  4 19 the parking violation is not paid within thirty days of the
  4 20 date upon which the violation occurred.  For purposes of
  4 21 calculating the unsecured appearance bond required under
  4 22 section 805.6, the scheduled fine shall be five dollars, or if
  4 23 the amount of the fine is greater than five dollars, the
  4 24 unsecured appearance bond shall be the amount of the fine
  4 25 established by the local authority pursuant to section
  4 26 321.236, subsection 1.  However, violations charged by a city
  4 27 or county upon simple notice of a fine instead of a uniform
  4 28 citation and complaint as permitted required by section
  4 29 321.236, subsection 1, paragraph "a", are not scheduled
  4 30 violations, and this section shall not apply to any offense
  4 31 charged in that manner.  For a parking violation under section
  4 32 321.362 or 461A.38, the scheduled fine is ten dollars.
  4 33                           EXPLANATION
  4 34    This bill relates to the judicial branch including
  4 35 contested and uncontested parking violations, filing civil
  5  1 citations of municipal infractions, records kept by the clerk,
  5  2 and service of original notice in a small claims action.
  5  3    The bill removes the clerk of the district court from
  5  4 collecting uncontested parking violation fines of a city or
  5  5 county.
  5  6    Under the bill, when a violation of a municipal infraction
  5  7 occurs and a civil penalty is assessed, a copy of the citation
  5  8 shall be served on the defendant, and the original citation
  5  9 shall be sent to the clerk of the district court.  Current law
  5 10 provides that a copy of the citation be sent to the clerk of
  5 11 the district court.
  5 12    The bill strikes the requirement that the clerk of the
  5 13 district court keep a cemetery record book related to Code
  5 14 section 523I.602.
  5 15    The bill provides that the clerk of the district court
  5 16 shall keep a record book of certificates of deposit that have
  5 17 not been issued in the name of the clerk but are being held by
  5 18 the clerk on behalf of a conservatorship, trust, or an estate.
  5 19 The bill also provides that the record book shall list the
  5 20 relevant details of the transaction, including but not limited
  5 21 to the name of the conservator, trustee, or executor, and
  5 22 cross references to the court orders opening and closing the
  5 23 conservatorship, trust, or estate.  Current law provides the
  5 24 clerk to provide a detailed accounting of all funds deposited
  5 25 with the clerk pursuant to Code section 636.37.
  5 26    The bill provides that if the defendant in a small claims
  5 27 action is a corporation, partnership, or association, the
  5 28 clerk, to obtain service, shall mail to the defendant a copy
  5 29 of the original notice, with a conforming copy of the answer
  5 30 form, by certified mail, return receipt to the clerk
  5 31 requested.
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