Bill Text: IA SF2144 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the vehicle registration duties of county treasurers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Subcommittee: Guth, Hogg, and Kraayenbrink. S.J. 215. [SF2144 Detail]
Download: Iowa-2017-SF2144-Introduced.html
Senate File 2144 - Introduced SENATE FILE BY HOGG A BILL FOR 1 An Act relating to the vehicle registration duties of county 2 treasurers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5885XS (4) 87 ns/jh PAG LIN 1 1 Section 1. Section 321.40, subsection 8, Code 2018, is 1 2 amended to read as follows: 1 3 8. a. The county treasurer shall refuse to renew the 1 4 registration of a vehicle registered to an applicant if the 1 5 county treasurer knows that the applicant has one or more 1 6 uncontested, delinquent parking fines for tickets issued 1 7 pursuant to section 321.236, subsection 1, paragraph "b", owing 1 8 to the county, or owing to a city with which the county has 1 9 an agreement authorized under section 331.553. However, a 1 10 county treasurer may renew the registration if the treasurer 1 11 determines that an error was made by the county or city in 1 12 identifying the vehicle involved in the parking violation or 1 13 if the citation has been dismissed as against the owner of the 1 14 vehicle pursuant to section 321.484. This subsection does not 1 15 apply to the transfer of a registration or the issuance of a 1 16 new registration. Notwithstanding section 28E.10, a county 1 17 treasurer may utilize the department'svehicle registration and 1 18 titling systemdistributed teleprocessing network to facilitate 1 19 the purposes of this subsection. 1 20 b. The county treasurer of the county in which a person's 1 21 vehicle is registered may collect from an applicant delinquent 1 22 parking fines owed to a city with which the county has an 1 23 agreement authorized under section 331.553, or owed to 1 24 the county. The applicant may remit full payment for such 1 25 delinquent parking fines, along with a processing fee of five 1 26 dollars, to the county treasurer at the time of registration 1 27 renewal. Upon full payment of the required delinquent parking 1 28 fines, processing fee, and vehicle registration fee, the county 1 29 treasurer shall issue the registration to the applicant. A 1 30 county treasurer collecting on behalf of the county or a city 1 31 shall update the vehicle registration records through the 1 32 distributed teleprocessing network on a daily basis for all 1 33 persons who have paid delinquent parking fines pursuant to 1 34 this paragraph. A county treasurer shall forward all funds 1 35 collected for the city to the city and all funds collected for 2 1 the county to the county. 2 2 Sec. 2. Section 321.40, subsection 10, Code 2018, is amended 2 3 by adding the following new paragraph: 2 4 NEW PARAGRAPH. c. The county treasurer of the county 2 5 in which the person's vehicle is registered, in cooperation 2 6 with the clerk of the district court, county attorney, or 2 7 county attorney's designee, may collect delinquent court debt 2 8 owed to the clerk of the district court and being collected 2 9 by the clerk, the county attorney, or the county attorney's 2 10 designee from a person applying for renewal of a vehicle 2 11 registration. The applicant may remit full payment of the 2 12 delinquent court debt, along with a processing fee of five 2 13 dollars, to the county treasurer at the time of registration 2 14 renewal. Upon full payment of the required delinquent court 2 15 debt, processing fee, and vehicle registration fee, the county 2 16 treasurer shall issue the registration to the person. A county 2 17 treasurer collecting on behalf of the clerk of the district 2 18 court, county attorney, or county attorney's designee, shall 2 19 update the vehicle registration records through the distributed 2 20 teleprocessing network on a daily basis for all persons who 2 21 have paid delinquent court debt pursuant to this paragraph. 2 22 A county treasurer shall forward all funds collected for 2 23 the clerk of the district court, county attorney, or county 2 24 attorney's designee, to the clerk of the district court. The 2 25 funds forwarded to the clerk of the district court shall be 2 26 distributed pursuant to section 602.8107 as if the delinquent 2 27 court debt had been collected by the clerk of the district 2 28 court, county attorney, or county attorney's designee, as 2 29 applicable. 2 30 Sec. 3. Section 321.46, subsection 5, Code 2018, is amended 2 31 to read as follows: 2 32 5. The seller or transferor may file an affidavit on 2 33 forms prescribed and provided by the department with the 2 34 county treasurer of the county where the vehicle is registered 2 35 certifying the sale or transfer of ownership of the vehicle and 3 1 the assignment and delivery of the certificate of title for the 3 2 vehicle. Upon receipt of the affidavit, the county treasurer 3 3 shall file the affidavit with the copy of the registration 3 4 receipt for the vehicle on file in the treasurer's office and 3 5 on that day the treasurer shall note receipt of the affidavit 3 6 in thevehicle registration and titling systemdistributed 3 7 teleprocessing network. Upon filing the affidavit, it shall 3 8 be presumed that the seller or transferor has assigned and 3 9 delivered the certificate of title for the vehicle. For a 3 10 leased vehicle, the lessor licensed pursuant to chapter 321F or 3 11 the lessee may file an affidavit as provided in this subsection 3 12 certifying that the lease has expired or been terminated and 3 13 the date that the leased vehicle was surrendered to the lessor. 3 14 Sec. 4. Section 321.152, subsection 3, Code 2018, is amended 3 15 to read as follows: 3 16 3. The five dollar processing fee charged by a county 3 17 treasurer for collection of tax debt owed to the department 3 18 of revenue pursuant to section 321.40, subsection 6, for 3 19 collection of delinquent parking fines owed to a city or the 3 20 county pursuant to section 321.40, subsection 8, and for 3 21 collection of delinquent court debt pursuant to section 321.40, 3 22 subsection 10, shall be retained for deposit in the county 3 23 general fund. 3 24 Sec. 5. Section 321.236, subsection 1, paragraph e, Code 3 25 2018, is amended by striking the paragraph. 3 26 Sec. 6. Section 331.553, subsection 8, Code 2018, is amended 3 27 to read as follows: 3 28 8. a. Pursuant to an agreement under chapter 28E, collect 3 29 delinquent parking fines on behalf of a city in conjunction 3 30 with renewal of motor vehicle registrations pursuant to section 3 31 321.40. If the agreement provides for a fee to be paid to or 3 32 retained by the county treasurer from the collection of parking 3 33 fines, such fees shall be credited to the county general fund. 3 34 Fines collected pursuant to this subsection shall be remitted 3 35biannuallyto the city. 4 1 b. Pursuant to a resolution adopted by the board of 4 2 supervisors for that county, collect delinquent parking fines 4 3 on behalf of the county in conjunction with renewal of motor 4 4 vehicle registrations pursuant to section 321.40. 4 5 c. Notwithstanding section 28E.10, a county treasurer 4 6 may utilize the state department of transportation'svehicle 4 7 registration and titling systemdistributed teleprocessing 4 8 network to facilitate the purposes of this subsection. 4 9 Sec. 7. Section 364.2, subsection 5, Code 2018, is amended 4 10 to read as follows: 4 11 5. If provided by ordinance, a city may enter into a chapter 4 12 28E agreement for the collection of delinquent parking fines 4 13 by a county treasurer pursuant to section 321.40 at the time a 4 14 person applies for renewal of a motor vehicle registration, for 4 15 violations that have not been appealed or for which appeal has 4 16 been denied. Thecity may pay thecounty treasurer may collect 4 17 and retain areasonablefive dollar processing fee for deposit 4 18 in the county general fund for the collection of such fines, or 4 19 may allow the county treasurer to retain a portion of the fines 4 20 collected, as provided in the agreement. 4 21 EXPLANATION 4 22 The inclusion of this explanation does not constitute agreement with 4 23 the explanation's substance by the members of the general assembly. 4 24 This bill relates to the vehicle registration duties of 4 25 county treasurers. 4 26 The bill provides that a county treasurer may collect 4 27 delinquent parking fines from a vehicle registration applicant 4 28 on behalf of the county or certain cities. The bill requires 4 29 the applicant to remit full payment for the delinquent parking 4 30 fines, along with a $5 processing fee and the renewal fee, 4 31 to the county treasurer at the time of registration renewal. 4 32 A county treasurer collecting on behalf of the county or a 4 33 city is required to update the vehicle registration records 4 34 through the state department of transportation's distributed 4 35 teleprocessing network, on a daily basis, for all persons who 5 1 have paid delinquent parking fines in this manner. The bill 5 2 also makes corresponding changes. 5 3 The bill strikes language related to payment of computer 5 4 programming costs incurred by the department of transportation 5 5 to accommodate the collection of delinquent parking fines on 5 6 behalf of cities through Code chapter 28E agreements between 5 7 counties and cities and replaces that payment with a $5 fee 5 8 that the county treasurer may collect for the collection of 5 9 such fines. 5 10 The bill further provides that a county treasurer may 5 11 cooperate with the clerk of the district court, county 5 12 attorney, or county attorney's designee, to collect delinquent 5 13 court debt owed to the clerk and being collected by the clerk, 5 14 the county attorney, or the county attorney's designee. The 5 15 bill provides that a county treasurer may lift a hold on 5 16 vehicle registration if an applicant remits full payment for 5 17 the applicant's delinquent court debt. The county treasurer 5 18 may also collect a $5 fee for the collection of such court debt 5 19 for deposit in the county general fund. The bill provides that 5 20 the funds forwarded to the clerk of the district court shall 5 21 be distributed pursuant to Code section 602.8107 as if the 5 22 delinquent court debt had been collected by the clerk of the 5 23 district court, county attorney, or county attorney's designee, 5 24 as applicable. LSB 5885XS (4) 87 ns/jh
