House
Study
Bill
65
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
modifying
the
duties
of
a
county
attorney
relating
to
1
schools
and
to
the
extradition
of
criminal
defendants
and
2
securing
of
certain
witnesses.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1921YC
(4)
84
jm/sc
H.F.
_____
Section
1.
Section
257B.10,
Code
2011,
is
amended
to
read
1
as
follows:
2
257B.10
Uniform
interest
date.
3
If
money
is
due
to
the
permanent
school
fund,
either
for
4
loans
or
deferred
payments
of
the
purchase
price
of
land
sold,
5
the
interest
shall
be
made
payable
on
the
first
day
of
January
6
each
year,
and
if
the
debtor
fails
to
pay
the
interest
within
7
six
months
of
the
date
it
is
due,
the
entire
amount
of
both
8
principal
and
interest
shall
become
due,
and
the
county
auditor
9
shall
report
the
nonpayment
to
the
county
attorney
school
10
board
,
who
shall
immediately
commence
action
for
the
collection
11
of
the
amount
reported
as
due.
This
section
is
a
part
of
a
12
contract
made
by
virtue
of
this
chapter
,
whether
expressed
in
13
the
contract
or
not.
14
Sec.
2.
Section
257B.33,
Code
2011,
is
amended
to
read
as
15
follows:
16
257B.33
Suit
——
attorney
fee.
17
If
the
debtor
does
not
comply
with
the
notice,
the
auditor
18
shall
report
the
noncompliance
to
the
county
attorney
school
19
board
,
who
shall
bring
an
action
to
recover
the
debt,
and
20
an
injunction
may
issue
for
cause,
without
bond
when
so
21
petitioned,
and
there
shall
be
allowed
in
the
judgment,
entered
22
and
taxed
as
a
part
of
the
costs
in
the
case,
a
reasonable
sum
23
as
compensation
to
plaintiff’s
attorney,
not
exceeding
the
24
amount
provided
by
law
for
attorney
fees.
25
Sec.
3.
Section
331.756,
subsection
7,
Code
2011,
is
amended
26
to
read
as
follows:
27
7.
Give
advice
or
a
written
opinion,
without
compensation,
28
to
the
board
and
other
county
officers
and
to
school
and
29
township
officers,
when
requested
by
an
officer,
upon
any
30
matters
in
which
the
state,
county,
school,
or
township
is
31
interested,
or
relating
to
the
duty
of
the
officer
in
any
32
matters
in
which
the
state,
county,
school,
or
township
may
33
have
an
interest,
but
the
county
attorney
shall
not
appear
34
before
the
board
at
a
hearing
in
which
the
state
or
county
is
35
-1-
LSB
1921YC
(4)
84
jm/sc
1/
2
H.F.
_____
not
interested.
1
Sec.
4.
Section
331.756,
subsection
54,
Code
2011,
is
2
amended
by
striking
the
subsection.
3
Sec.
5.
Section
331.756,
subsection
82,
Code
2011,
is
4
amended
to
read
as
follows:
5
82.
Carry
out
duties
relating
to
extradition
of
fugitive
6
defendants
as
provided
in
chapter
818
820
and
securing
7
witnesses
as
provided
in
chapter
819
.
8
Sec.
6.
REPEAL.
Chapter
818,
Code
2011,
is
repealed.
9
Sec.
7.
REPEAL.
Chapter
819A,
Code
2011,
is
repealed.
10
EXPLANATION
11
This
bill
relates
to
the
duties
of
a
county
attorney
12
including
providing
advice
and
required
legal
representation
13
to
schools
and
duties
related
to
the
extradition
of
criminal
14
defendants
and
securing
of
witnesses.
15
The
bill
strikes
provisions
requiring
a
county
attorney
16
to
bring
an
action
against
a
debtor
who
owes
money
to
the
17
permanent
school
fund
created
in
Code
chapter
257B.
The
bill
18
specifies
the
school
board
shall
bring
the
action
against
a
19
debtor
who
owes
money
to
the
permanent
school
fund.
20
The
bill
strikes
a
provision
requiring
a
county
attorney
to
21
provide
legal
advice
to
a
school
or
school
officer.
22
The
bill
repeals
Code
chapter
818
which
establishes
23
the
interstate
extradition
compact
for
fugitive
criminal
24
defendants.
The
bill
also
repeals
Code
chapter
819A
relating
25
to
the
uniform
Act
for
rendition
of
prisoners
as
witnesses
in
26
criminal
proceedings.
27
The
bill
does
not
affect
Code
chapter
819
(uniform
Act
to
28
secure
witnesses
from
without
the
state)
and
Code
chapter
820
29
(uniform
criminal
extradition
Act).
30
-2-
LSB
1921YC
(4)
84
jm/sc
2/
2