Bill Text: IA SF2263 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to clerks of court, including the collection of court debt, the filing of medical reports, and the indexing of notices of lis pendens by county recorders, out-of-state-witness mileage expenses, and including effective date and applicability provisions. (Formerly SSB 3100.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-03-08 - Subcommittee, Rogers, Baltimore, and Wolfe. H.J. 436. [SF2263 Detail]

Download: Iowa-2015-SF2263-Introduced.html

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Senate File 2263 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3100)

                                      A BILL FOR

  1 An Act relating to clerks of court, including the collection
  2    of court debt, the filing of medical reports, and the
  3    indexing of notices of lis pendens by county recorders,
  4    out=of=state=witness mileage expenses, and including
  5    effective date and applicability provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1  1                           DIVISION I
  1  2                    COLLECTION OF COURT DEBT
  1  3    Section 1.  Section 602.8107, subsection 2, unnumbered
  1  4 paragraph 1, Code 2016, is amended to read as follows:
  1  5    Court debt shall be owed and payable to the clerk of the
  1  6 district court, the clerk of the court of appeals, or the
  1  7 clerk of the supreme court. All amounts collected shall be
  1  8 distributed pursuant to sections 602.8106 and 602.8108 or as
  1  9 otherwise provided by this Code. The clerk may accept payment
  1 10 of an obligation or a portion thereof by credit card. Any fees
  1 11 charged to the clerk with respect to payment by credit card may
  1 12 be paid from receipts collected by credit card.
  1 13    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This division of this
  1 14 Act, being deemed of immediate importance, takes effect upon
  1 15 enactment.
  1 16                           DIVISION II
  1 17            FILING OF CHIEF MEDICAL OFFICER'S REPORT
  1 18    Sec. 3.  Section 125.84, unnumbered paragraph 1, Code 2016,
  1 19 is amended to read as follows:
  1 20    The facility administrator's report to the court of the
  1 21 chief medical officer's substance abuse evaluation of the
  1 22 respondent shall be made no later than the expiration of the
  1 23 time specified in section 125.83. At least two copies of the
  1 24  The report shall be filed with the clerk, who shall distribute
  1 25 the copies of the report in the manner described by section
  1 26 125.80, subsection 2. The report shall state one of the four
  1 27 following alternative findings:
  1 28    Sec. 4.  Section 229.14, subsection 1, unnumbered paragraph
  1 29 1, Code 2016, is amended to read as follows:
  1 30    The chief medical officer's report to the court on the
  1 31 psychiatric evaluation of the respondent shall be made not
  1 32 later than the expiration of the time specified in section
  1 33 229.13. At least two copies of the The report shall be filed
  1 34 with the clerk, who shall dispose of them distribute copies
  1 35 of the report in the manner prescribed by section 229.10,
  2  1 subsection 2. The report shall state one of the four following
  2  2 alternative findings:
  2  3    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This division of this
  2  4 Act, being deemed of immediate importance, takes effect upon
  2  5 enactment.
  2  6                          DIVISION III
  2  7                    RECORDING OF LIS PENDENS
  2  8    Sec. 6.  Section 331.602, Code 2016, is amended by adding the
  2  9 following new subsection:
  2 10    NEW SUBSECTION.  34A.  Record and index a notice of lis
  2 11 pendens and related documents as provided in section 617.10.
  2 12    Sec. 7.  Section 364.22, subsection 5, paragraph a, Code
  2 13 2016, is amended to read as follows:
  2 14    a.  Upon receiving a citation under subsection 4 that
  2 15 affects real property and that charges a violation relating
  2 16 to the condition of the property, including a building code
  2 17 violation, a local housing regulation violation, a housing code
  2 18 violation, or a public health or safety violation, the clerk of
  2 19 the district court shall index the citation pursuant to section
  2 20 617.10, if the legal description of the affected property is
  2 21 included in or attached to the citation, the city shall file
  2 22 the citation with the clerk of the district court and a notice
  2 23 of lis pendens with the county recorder pursuant to section
  2 24 617.10.
  2 25    Sec. 8.  Section 575.1, subsection 2, paragraph b,
  2 26 subparagraph (1), Code 2016, is amended to read as follows:
  2 27    (1)  Pendency of such a proceeding shall not be indexed
  2 28 under section 617.10 and shall not constitute lis pendens or
  2 29 constructive notice to third persons under sections 617.11
  2 30 through 617.15 617.14.
  2 31    Sec. 9.  Section 602.8102, subsection 94, Code 2016, is
  2 32 amended by striking the subsection.
  2 33    Sec. 10.  Section 602.8105, subsection 2, paragraph g, Code
  2 34 2016, is amended by striking the paragraph.
  2 35    Sec. 11.  Section 617.10, Code 2016, is amended by striking
  3  1 the section and inserting in lieu thereof the following:
  3  2    617.10  Notice of lis pendens.
  3  3    1.  When a petition or municipal infraction citation
  3  4 affecting real estate is filed, any party to the pending action
  3  5 may file a notice of lis pendens with the county recorder of
  3  6 each county in which any part of the real estate lies.
  3  7    2.  A notice of lis pendens shall contain all of the
  3  8 following:
  3  9    a.  The names of the parties.
  3 10    b.  The object of the action.
  3 11    c.  A description of the property involved or to be affected.
  3 12    d.  The county where the action is filed.
  3 13    e.  The associated case number.
  3 14    3.  a.  The county recorder shall endorse on each notice of
  3 15 lis pendens the day, hour, and minute when filed for recording
  3 16 and the document reference number, and shall preserve the
  3 17 notice. The recorder shall also immediately index the notice
  3 18 and record the lis pendens in the manner provided for recording
  3 19 real estate mortgages.
  3 20    b.  If a pleading is amended in such action which alters
  3 21 the description of the real estate or the extent of the claim
  3 22 affecting the real estate, a new notice may be filed.
  3 23    4.  If, after the notice of lis pendens is recorded, the
  3 24 action is dismissed, with or without prejudice, the notice of
  3 25 lis pendens is canceled as of the date of the dismissal.
  3 26    5.  The county recorder shall collect fees specified in
  3 27 section 331.604 from the party filing the notice of lis
  3 28 pendens.
  3 29    6.  The party who files a notice of lis pendens with a county
  3 30 recorder shall also electronically file a copy of the notice
  3 31 with the clerk of the district court where the action was
  3 32 filed.
  3 33    Sec. 12.  Section 617.11, Code 2016, is amended to read as
  3 34 follows:
  3 35    617.11  Lis pendens.
  4  1    1.  When a petition or municipal infraction citation
  4  2 affecting real estate is filed and a notice of lis pendens
  4  3 is indexed pursuant to section 617.10, either action shall
  4  4 be considered pending so as to charge all third persons with
  4  5 notice of its pendency, and while pending no interest can be
  4  6 acquired by third persons in the subject matter thereof as
  4  7 against the plaintiff's rights of the party that filed the
  4  8 notice.  For purposes of this subsection, an action is pending
  4  9 until the court enters a final order, including appeal and
  4 10 remand, or the court orders disposition, if any, of the real
  4 11 estate described in the notice of lis pendens, whichever is
  4 12 later.
  4 13    2.  If a claim of interest against the property is acquired
  4 14 prior to the indexing of a petition affecting real estate the
  4 15 notice of lis pendens and is filed by anyone other than a city
  4 16 and such claim is not indexed or filed of record prior to the
  4 17 indexing of the petition notice of lis pendens, it such claim
  4 18  is subject to the pending action as provided in subsection 1,
  4 19 unless any of the following occurs:
  4 20    a.  The claimant intervenes in the pending action prior to
  4 21 entry of judgment.
  4 22    b.  The claimant, prior to transfer of an interest in the
  4 23 property to a bona fide third=party transferee, records an
  4 24 affidavit showing that the party seeking relief under the
  4 25 pending action had, prior to the indexing of the petition
  4 26  notice of lis pendens, actual notice of the claim of interest
  4 27 and of the identity of the claimant.
  4 28    3.  If a claim of interest against the property is acquired
  4 29 prior to the indexing of a petition or municipal infraction
  4 30 citation affecting real estate notice of lis pendens and is
  4 31  filed by a city and such claim is not indexed or filed of record
  4 32 prior to the indexing of the petition or citation notice of
  4 33 lis pendens, it such claim is subject to the pending action
  4 34 as provided in subsection 1, unless either of the following
  4 35 occurs:
  5  1    a.  The claimant intervenes in the pending action and obtains
  5  2 relief from the court prior to entry of judgment.
  5  3    b.  Within ninety days after entry of judgment, the claimant
  5  4 files an application to reopen a petition or municipal
  5  5 infraction citation affecting real estate and filed by a city
  5  6 and proves at the hearing on the application that the claimant
  5  7 is entitled to relief because the city had actual notice of the
  5  8 claim of interest and of the identity of the claimant prior to
  5  9 the indexing of the petition or citation notice of lis pendens.
  5 10    4.  Subsections 2 and 3 shall not apply to a mechanic's lien
  5 11 filed pursuant to chapter 572 or to a person who has taken
  5 12 possession of the property for value prior to the indexing of
  5 13 the petition or citation notice of lis pendens.
  5 14    Sec. 13.  Section 617.13, Code 2016, is amended to read as
  5 15 follows:
  5 16    617.13  Real estate in other county.
  5 17    When any part of real property, the subject of an action, is
  5 18 situated in any other county than the one in which the action
  5 19 is brought, the plaintiff must a party, in order to affect
  5 20 third persons with constructive notice of the pendency of the
  5 21 action, must file with the clerk of the district court county
  5 22 recorder of the other county a notice of the pendency of the
  5 23 action, containing the names of the parties, the object of
  5 24 the action, and a description of the property in that county
  5 25 affected by the action lis pendens which complies with section
  5 26 617.10. The clerk shall at once index and enter a memorandum
  5 27 of the notice in the encumbrance book.
  5 28    Sec. 14.  Section 655A.3, subsection 3, Code 2016, is amended
  5 29 to read as follows:
  5 30    3.  The mortgagee may file a written notice required in
  5 31 subsection 1 together with proof of service on the mortgagor
  5 32 with the recorder of the county where the mortgaged property is
  5 33 located. Such a filing shall have the same force and effect on
  5 34 third parties as an indexed notation entered a notice of lis
  5 35 pendens indexed by the clerk of the district court a county
  6  1 recorder pursuant to section 617.10, commencing from the filing
  6  2 of proof of service on the mortgagors and terminating on the
  6  3 filing of a rejection pursuant to section 655A.6, an affidavit
  6  4 of completion pursuant to section 655A.7, or the expiration
  6  5 of ninety days from completion of service on the mortgagors,
  6  6 whichever occurs first.
  6  7    Sec. 15.  Section 657.2A, subsection 1, Code 2016, is amended
  6  8 to read as follows:
  6  9    1.  When a petition affecting real property is filed by
  6 10 a governmental entity under this chapter, the clerk of the
  6 11 district court shall index the petition pursuant to section
  6 12 617.10, if the legal description of the affected property is
  6 13 included in or attached to the petition, the governmental
  6 14 entity shall file a notice of lis pendens with the county
  6 15 recorder pursuant to section 617.10.
  6 16    Sec. 16.  Section 657A.12, subsection 1, Code 2016, is
  6 17 amended to read as follows:
  6 18    1.  When a petition affecting real property is filed by
  6 19 a governmental entity under this chapter, the clerk of the
  6 20 district court shall index the petition pursuant to section
  6 21 617.10, if the legal description of the affected property is
  6 22 included in or attached to the petition, the governmental
  6 23 entity shall file a notice of lis pendens with the county
  6 24 recorder pursuant to section 617.10.
  6 25    Sec. 17.  REPEAL.  Sections 617.12 and 617.15, Code 2016,
  6 26 are repealed.
  6 27    Sec. 18.  APPLICABILITY.  This division of this Act applies
  6 28 to petitions or municipal infraction citations affecting real
  6 29 estate filed on or after January 1, 2017.
  6 30                           DIVISION IV
  6 31                    OUT=OF=STATE=WITNESS FEES
  6 32    Sec. 19.  Section 819.3, Code 2016, is amended to read as
  6 33 follows:
  6 34    819.3  Fees and enforcement of order.
  6 35    1.  A witness named in an order described in section 819.2
  7  1 is entitled to ten cents per mile for each mile traveled by the
  7  2 most direct route shall receive mileage expenses calculated
  7  3 in the same manner as mileage expenses are reimbursed under
  7  4 section 602.1509 for each mile actually traveled to and from
  7  5 the proceedings the witness is required to attend, and is also
  7  6 entitled to ten dollars per day for each day spent in such
  7  7 travel or in attending the proceedings as a witness.
  7  8    2.  If such witness fails without good cause to attend and
  7  9 testify as directed by such order the witness shall forfeit
  7 10 the right to receive mileage and per diem, and shall be guilty
  7 11 of contempt of court for which the witness may be punished
  7 12 accordingly.
  7 13                           EXPLANATION
  7 14 The inclusion of this explanation does not constitute agreement with
  7 15 the explanation's substance by the members of the general assembly.
  7 16    This bill relates to clerks of court, permits the collection
  7 17 of court debt by the clerk of the court of appeals and the clerk
  7 18 of the supreme court, reduces the number of medical reports
  7 19 required to be filed with a clerk of court after an involuntary
  7 20 commitment in connection with a substance=related disorder or
  7 21 a serious mental impairment, and transfers the responsibility
  7 22 to file a notice of lis pendens from the clerk of court to the
  7 23 claimant.
  7 24    DIVISION I == COLLECTION OF COURT DEBT.  Under current law,
  7 25 court debt is payable to the clerk of the district court.
  7 26 This division amends current law to allow the clerk of the
  7 27 court of appeals and the clerk of the supreme court to also
  7 28 accept payment of court debt. The division takes effect upon
  7 29 enactment.
  7 30    DIVISION II == FILING OF CHIEF MEDICAL OFFICER'S REPORT.
  7 31  Under current law, if a person has been involuntarily committed
  7 32 to a facility in connection with a substance=related disorder
  7 33 or a serious mental impairment, the facility administrator is
  7 34 required to file two copies of the chief medical officer's
  7 35 substance abuse evaluation or psychiatric evaluation with the
  8  1 clerk of court. This division provides that only one copy of
  8  2 the substance abuse evaluation or psychiatric evaluation needs
  8  3 to be filed with the clerk of court. The division takes effect
  8  4 upon enactment.
  8  5    DIVISION III == RECORDING OF LIS PENDENS.  Lis pendens
  8  6 is a public notice of a lawsuit affecting real estate. The
  8  7 effect of lis pendens is that if a person purchases real
  8  8 estate subject to a pending lawsuit after the filing of lis
  8  9 pendens, the purchaser takes the real estate subject to all
  8 10 the plaintiff's claims in the property that are established
  8 11 in the lawsuit. This division provides that a lawsuit is
  8 12 pending until the court enters a final order, including appeal
  8 13 and remand, or the court enters disposition, if any, of the
  8 14 property described in the notice of lis pendens, whichever is
  8 15 later.
  8 16    Under current law, when a petition or municipal infraction
  8 17 citation affecting real estate is filed, the clerk of the
  8 18 district court indexes the petition or municipal infraction
  8 19 citation in an index book under the tract number which
  8 20 describes the property.
  8 21    The division provides that the clerk of district court is
  8 22 not required to index the petition or municipal infraction
  8 23 citation.  Instead, when a petition or municipal infraction
  8 24 citation affecting real estate is filed, any party to the
  8 25 pending action may file a notice of lis pendens with the county
  8 26 recorder of each county in which any part of the real estate
  8 27 lies. The notice of lis pendens must contain the names of
  8 28 the parties, the object of the action, a description of the
  8 29 property involved or to be affected, the county where the
  8 30 action is filed, and the associated case number. The division
  8 31 requires that county recorder to endorse on each notice of lis
  8 32 pendens the day, hour, and minute when filed for recording and
  8 33 the document reference number. The recorder must also index
  8 34 the notice and record the lis pendens in the manner provided
  8 35 for recording real estate mortgages.
  9  1 The division requires the party who files a notice of lis
  9  2 pendens with a county recorder to also electronically file a
  9  3 copy of the notice with the clerk of the district court where
  9  4 the action is filed. The $50 filing fee currently collected
  9  5 by the clerk of the district court is abolished. The party who
  9  6 files the notice of lis pendens is required to pay the county
  9  7 recorder filing fees specified in Code section 331.604.
  9  8    The division provides that if the action is dismissed,
  9  9 the notice of lis pendens is canceled as of the date of the
  9 10 dismissal.
  9 11    The division applies to petitions or municipal infraction
  9 12 citations affecting real estate filed on or after January 1,
  9 13 2017.
  9 14    The division makes conforming changes.
  9 15    DIVISION IV == OUT=OF=STATE=WITNESS FEES.  Under current
  9 16 law, a judge can order a person from another state to appear
  9 17 as a witness in this state, and such person is entitled to
  9 18 reimbursement of 10 cents per mile for each mile traveled
  9 19 to and from the proceedings the person is required to
  9 20 attend. This division amends current law to provide that an
  9 21 out=of=state witness shall be reimbursed in the same manner as
  9 22 mileage expenses are reimbursed under Code section 602.1509,
  9 23 which directs a person to be paid actual and necessary
  9 24 expenses, not to exceed a maximum amount established by the
  9 25 Iowa supreme court.
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