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) 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:
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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's vehicle registration and
  1 18 titling system distributed 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 the vehicle registration and titling system distributed
  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 35 biannually to 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's vehicle
  4  7 registration and titling system distributed 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. The city may pay the county treasurer may collect
  4 17 and retain a reasonable five 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.
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