Bill Text: IA HSB193 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to setoff procedures for debt owed as a result of a traffic violation captured by an automated traffic enforcement system, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced) 2023-02-21 - Subcommittee: Thompson, P., Meyer, B. and Wheeler. H.J. 383. [HSB193 Detail]
Download: Iowa-2023-HSB193-Introduced.html
House
Study
Bill
193
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
THOMPSON)
A
BILL
FOR
An
Act
relating
to
setoff
procedures
for
debt
owed
as
a
result
1
of
a
traffic
violation
captured
by
an
automated
traffic
2
enforcement
system,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2143YC
(4)
90
th/ns
H.F.
_____
Section
1.
Section
8A.504,
subsection
1,
paragraph
d,
Code
1
2023,
is
amended
to
read
as
follows:
2
d.
(1)
“Qualifying
debt”
includes
,
but
is
not
limited
to
,
3
any
of
the
following:
4
(1)
(a)
Any
debt,
which
is
assigned
to
the
department
of
5
health
and
human
services,
or
which
is
owed
to
the
department
6
of
health
and
human
services
for
unpaid
premiums
under
section
7
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
8
which
the
child
support
recovery
unit
is
otherwise
attempting
9
to
collect,
or
which
the
foster
care
recovery
unit
of
the
10
department
of
health
and
human
services
is
attempting
to
11
collect
on
behalf
of
a
child
receiving
foster
care
provided
by
12
the
department
of
health
and
human
services.
13
(2)
(b)
An
amount
that
is
due
because
of
a
default
on
a
14
loan
under
chapter
261
.
15
(3)
(c)
Any
debt
which
is
in
the
form
of
a
liquidated
sum
16
due,
owing,
and
payable
to
the
clerk
of
the
district
court.
17
(2)
“Qualifying
debt”
does
not
include
a
debt
owed
by
a
18
person
as
a
result
of
a
citation
issued,
and
sent
through
19
the
mail
or
by
electronic
means,
for
a
traffic
violation
20
captured
by
a
camera
or
other
optical
device
designed
to
work
21
in
conjunction
with
an
official
traffic
control
signal
or
22
speed
measuring
device
to
identify
motor
vehicles
operating
in
23
violation
of
traffic
laws.
24
Sec.
2.
Section
421.17,
subsection
27,
Code
2023,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0d.
Notwithstanding
the
department’s
27
powers
granted
in
this
section
regarding
setoff
from
income
28
tax
refunds
for
any
of
the
obligations
transferred
by
state
29
agencies
or
local
government
agencies,
the
department
shall
not
30
set
off
from
an
individual’s
income
tax
refund
any
amount
owed
31
by
a
person
as
a
result
of
a
citation
issued,
and
sent
through
32
the
mail
or
by
electronic
means,
for
a
traffic
violation
33
captured
by
a
camera
or
other
optical
device
designed
to
work
34
in
conjunction
with
an
official
traffic
control
signal
or
35
-1-
LSB
2143YC
(4)
90
th/ns
1/
4
H.F.
_____
speed
measuring
device
to
identify
motor
vehicles
operating
in
1
violation
of
traffic
laws.
2
Sec.
3.
Section
421.65,
subsection
1,
paragraph
d,
as
3
enacted
by
2020
Iowa
Acts,
chapter
1064,
section
16,
is
amended
4
to
read
as
follows:
5
d.
(1)
“Qualifying
debt”
means
any
of
the
following:
6
(1)
(a)
Any
debt,
which
is
assigned
to
the
department
of
7
health
and
human
services,
or
which
is
owed
to
the
department
8
of
health
and
human
services
for
unpaid
premiums
under
section
9
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
10
which
the
child
support
recovery
unit
is
otherwise
attempting
11
to
collect,
or
which
the
foster
care
recovery
unit
of
the
12
department
of
health
and
human
services
is
attempting
to
13
collect
on
behalf
of
a
child
receiving
foster
care
provided
by
14
the
department
of
health
and
human
services.
15
(2)
(b)
Any
debt
which
is
in
the
form
of
a
liquidated
sum
16
due,
owing,
and
payable
to
the
clerk
of
the
district
court.
17
(3)
(c)
Any
liquidated
sum
certain,
owing,
and
payable
to
18
a
public
agency,
with
respect
to
which
the
public
agency
has
19
provided
the
obligor
an
opportunity
to
protest
or
challenge
20
the
sum
in
a
manner
in
compliance
with
applicable
law
and
due
21
process,
and
which
has
been
determined
as
owing
through
the
22
challenge
or
protest,
or
for
which
the
time
period
provided
by
23
the
public
agency
to
challenge
or
protest
has
expired.
24
(2)
“Qualifying
debt”
does
not
include
a
debt
owed
by
a
25
person
as
a
result
of
a
citation
issued,
and
sent
through
26
the
mail
or
by
electronic
means,
for
a
traffic
violation
27
captured
by
a
camera
or
other
optical
device
designed
to
work
28
in
conjunction
with
an
official
traffic
control
signal
or
29
speed
measuring
device
to
identify
motor
vehicles
operating
in
30
violation
of
traffic
laws.
31
Sec.
4.
CONTINGENT
EFFECTIVE
DATE.
The
following
takes
32
effect
on
the
effective
date
of
the
rules
adopted
by
the
33
department
of
revenue
pursuant
to
chapter
17A
implementing
2020
34
Iowa
Acts,
chapter
1064,
other
than
transitional
rules:
35
-2-
LSB
2143YC
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90
th/ns
2/
4
H.F.
_____
The
section
of
this
Act
amending
section
421.65.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
Under
current
law,
the
department
of
administrative
services
5
(DAS)
is
authorized
to
set
off
against
any
claim
owed
to
a
6
person
by
a
public
agency
any
qualifying
debt
of
that
person
7
owed
to
a
public
agency.
In
addition,
the
director
of
the
8
department
of
revenue
(DOR)
is
authorized
to
establish,
9
administer,
and
make
available
a
centralized
debt
collection
10
capability
and
procedure
for
the
use
by
any
state
agency
11
or
local
government
entity
to
collect
delinquent
accounts,
12
charges,
fees,
loans,
taxes,
or
other
indebtedness
owed
to
or
13
being
collected
by
the
state.
DOR
has
the
powers
granted
in
14
Code
section
421.17
regarding
setoff
from
income
tax
refunds
or
15
other
accounts
payable
by
the
state
for
any
of
the
obligations
16
transferred
by
state
agencies
or
local
government
agencies.
17
This
bill
excludes
a
debt
owed
by
a
person
as
a
result
of
18
a
citation
issued,
and
sent
through
the
mail
or
by
electronic
19
means,
for
a
traffic
violation
captured
by
a
camera
or
other
20
optical
device
designed
to
work
in
conjunction
with
an
official
21
traffic
control
signal
or
speed
measuring
device
to
identify
22
motor
vehicles
operating
in
violation
of
traffic
laws
from
the
23
term
“qualifying
debt”
under
Code
section
8A.504
and
prohibits
24
DOR
from
setting
off
an
individual’s
income
tax
refund
to
25
collect
such
a
debt.
26
In
2020,
the
general
assembly
passed
legislation
striking
27
the
setoff
procedures
under
the
purview
of
DAS
(Code
section
28
8A.504)
and
providing
setoff
procedures
under
the
purview
of
29
DOR.
That
legislation
takes
effect
on
the
effective
date
of
30
rules
adopted
by
DOR
implementing
2020
Iowa
Acts,
chapter
1064.
31
DOR
has
not
yet
adopted
the
necessary
rules,
so
the
bill
amends
32
the
2020
legislation
defining
“qualifying
debt”
in
the
same
33
way
the
term
is
amended
under
Code
section
8A.504
by
the
bill.
34
This
provision
takes
effect
on
the
effective
date
of
the
rules
35
-3-
LSB
2143YC
(4)
90
th/ns
3/
4
H.F.
_____
adopted
by
DOR
implementing
2020
Iowa
Acts,
chapter
1064.
1
-4-
LSB
2143YC
(4)
90
th/ns
4/
4
