Bill Text: IA SF2316 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the collection of delinquent court debt and associated installment agreements. (Formerly SSB 3182.)
Sponsorship: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2316 Detail]
Download: Iowa-2015-SF2316-Enrolled.html
Senate File 2316 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
3182)
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A BILL FOR
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Senate File 2316
AN ACT
RELATING TO THE COLLECTION OF DELINQUENT COURT DEBT AND
ASSOCIATED INSTALLMENT AGREEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.210B, subsection 1, Code 2016, is
amended to read as follows:
1. a. If a person's fine, penalty, surcharge, or court
cost is deemed delinquent as provided in section 602.8107,
subsection 2, and the person's driver's license has been
suspended pursuant to section 321.210A, or the clerk of the
district court has reported the delinquency to the department
as required by section 321.210A, the person may execute an
installment agreement as defined in section 602.8107 with
the county attorney, the county attorney's designee, or the
private collection designee under contract with the judicial
branch pursuant to section 602.8107, subsection 5, to pay the
delinquent amount and the civil penalty assessed in subsection
7 in installments. Prior to execution of the installment
agreement, the person shall provide the county attorney, the
county attorney's designee, or the private collection designee
with a financial statement in order for the parties to the
agreement to determine the amount of the installment payments.
b. Cases involving court debt assigned to a county attorney,
a county attorney's designee, or the private collection
designee shall remain so assigned.
Sec. 2. Section 321.210B, subsection 5, Code 2016, is
amended to read as follows:
5. Upon receipt of the report from the clerk of the
district court and payment of the reinstatement fee as
provided in section 321.191, the department shall terminate
the suspension if the suspension has not yet become effective.
If the suspension has become effective, the department shall
immediately reinstate the driver's license of the person unless
the driver's license of the person is otherwise suspended,
revoked, denied, or barred under another provision of law.
Sec. 3. Section 321.210B, subsection 8, Code 2016, is
amended to read as follows:
8. a. Upon Except as provided in paragraph "b", upon
determination by the county attorney, the county attorney's
designee, or the private collection designee that the person
is in default, the county attorney, the county attorney's
designee, or the private collection designee shall notify the
clerk of the district court.
b. (1) If the person is in default and the person
provides a new financial statement within fifteen days of
the determination made pursuant to paragraph "a" indicating
that the person's financial condition has changed to such an
extent that lower installment payments would have been required
prior to the execution of the initial installment agreement
under subsection 1, the county attorney, the county attorney's
designee, or the private collection designee shall not notify
the clerk of the district court, and the person shall not be
considered in default. The new installment payments shall be
based upon the new financial statement filed in compliance with
this subparagraph.
(2) A person making new installment payments after
complying with the provisions of subparagraph (1) shall not be
considered executing a new installment agreement for purposes
of calculating the number of installment agreements a person
may execute in a person's lifetime under subsection 13.
Sec. 4. Section 321.210B, subsection 12, Code 2016, is
amended by striking the subsection.
Sec. 5. Section 602.8107, subsection 3, paragraphs a and c,
Code 2016, are amended to read as follows:
a. Thirty days after court debt has been assessed and full
payment has not been received, or if an installment payment is
not received within thirty days after the date it is due, the
judicial branch shall assign a case to the private collection
designee under contract with the judicial branch pursuant to
subsection 5 to collect debts owed to the clerk of the district
court, unless the case has been assigned to the county attorney
under paragraph "c".
c. If Thirty days after court debt has been assessed and
full payment has not been received, or if an installment
payment is not received within thirty days after the date it
is due, and if a county attorney has filed with the clerk
of the district court a notice of full commitment to collect
delinquent court debt pursuant to subsection 4, the court
debt in a case shall be assigned after sixty days to the
county attorney as provided in subsection 4, if the court debt
in a case is not part of an installment agreement with the
private collection designee under contract with the judicial
branch pursuant to subsection 5. The judicial branch shall
assign cases with delinquent court debt to a county attorney
in the same format and with the same frequency as cases with
delinquent court debt are assigned to the private collection
designee under paragraph "a", and a county attorney shall not
be required to file an individual notice of full commitment
to collect delinquent court debt for each assigned case. If
the county attorney or the county attorney's designee, while
collecting delinquent court debt pursuant to subsection 4,
determines that a person owes additional court debt for which a
case has not been assigned by the judicial branch, the county
attorney or the county attorney's designee shall notify the
clerk of the district court of the appropriate case numbers
and the judicial branch shall assign these cases to the
county attorney for collection if the additional court debt is
delinquent.
Sec. 6. Section 602.8107, subsection 4, Code 2016, is
amended to read as follows:
4. County attorney collection. The county attorney or
the county attorney's designee may collect court debt sixty
days after the court debt is deemed delinquent pursuant to
subsection 2. In order to receive a percentage of the amounts
collected pursuant to this subsection, the county attorney
must first file annually with the clerk of the district court
on or before July 1 of the first year the county attorney
collects court debt under this subsection, a notice of full
commitment to collect delinquent court debt, and a memorandum
of understanding with the state court administrator for all
cases assigned to the county for collection by the court. The
annual notice shall contain a list of procedures which will
be initiated by the county attorney. For a county attorney
filing a notice of full commitment for the first time, the
cases involving delinquent court debt previously assigned to
the private collection designee shall remain assigned to the
private collection designee. Cases involving delinquent court
debt assigned to the county attorney after the filing of a
notice of full commitment by the county attorney shall remain
assigned to the county attorney. A county attorney who chooses
to discontinue collection of delinquent court debt shall file
with the clerk of the district court on or before May 15 a
notice of the intent to cease collection of delinquent court
debt at the start of the next fiscal year. If a county attorney
ceases collection efforts, or if the state court administrator
deems that a county attorney collections program has become
ineligible to collect as specified in paragraph "f", all cases
involving delinquent court debt assigned to the county attorney
shall be transferred on July 1 to the private collection
designee for collection, except that debt associated with any
existing installment agreement shall remain assigned to the
county for collection unless an installment payment becomes
delinquent, after which the delinquent debt associated with
the installment agreement shall be transferred promptly to the
private collection designee for collection.
a. This subsection does not apply to amounts collected for
victim restitution, the victim compensation fund, the criminal
penalty surcharge, sex offender civil penalty, drug abuse
resistance education surcharge, the law enforcement initiative
surcharge, county enforcement surcharge, amounts collected as
a result of procedures initiated under subsection 5 or under
section 8A.504, or fees charged pursuant to section 356.7.
b. Amounts collected by the county attorney or the county
attorney's designee shall be distributed in accordance with
paragraphs "c" and "d".
c. (1) Forty Twenty=eight percent of the amounts collected
by the county attorney or the person procured or designated by
the county attorney shall be deposited in the general fund of
the county if the county attorney has filed the notice required
by this subsection, unless the county attorney has discontinued
collection efforts on a particular delinquent amount.
(2) The remaining sixty seventy=two percent shall be
paid to the clerk of the district court each fiscal year for
distribution under section 602.8108. However, if such amount,
when added to the amount deposited into the general fund of
the county pursuant to subparagraph (1), exceeds the following
applicable threshold amount, the excess shall be distributed
as provided in paragraph "d":
(a) For a county with a population greater than one hundred
fifty thousand, an amount up to five hundred thousand one
million dollars.
(b) For a county with a population greater than one hundred
thousand but not more than one hundred fifty thousand, an
amount up to four six hundred thousand dollars.
(c) For a county with a population greater than fifty
thousand but not more than one hundred thousand, an amount up
to two hundred fifty three hundred thousand dollars.
(d) For a county with a population greater than twenty=six
thousand but not more than fifty thousand, an amount up to one
hundred thousand dollars.
(e) For a county with a population greater than fifteen
thousand but not more than twenty=six thousand, an amount up to
fifty thousand dollars.
(f) For a county with a population equal to or less than
fifteen thousand, an amount up to twenty=five thousand dollars.
d. Any additional moneys collected by an individual county
after the distributions in paragraph "c" shall be distributed
by the state court administrator as follows: forty percent of
any additional moneys collected by the county attorney or the
person procured or designated by the county attorney shall be
deposited in the general fund of the county where the moneys
were collected; twenty percent of the remaining sixty percent
collected by the county attorney or the person procured or
designated by the county attorney After the total collected by
a county attorney exceeds the threshold amount set in paragraph
"c", and for the remainder of the fiscal year, five percent
of the additional moneys collected shall be deposited with
the office of the county attorney that collected the moneys;
twenty=eight percent of the additional moneys collected shall
be deposited in the general fund of the county where the moneys
were collected; and the remainder remaining sixty=seven percent
of the additional moneys shall be paid to the clerk of the
district court for distribution under section 602.8108 or the
state court administrator may distribute the remainder under
section 602.8108 if the additional moneys have already been
received by the state court administrator.
e. (1) A county may enter into an agreement pursuant to
chapter 28E with one or more other counties for the purpose of
collecting delinquent court debt pursuant to this subsection.
(2) Notwithstanding paragraph "c", if a county subject
to the threshold amount in paragraph "c", subparagraph (2),
subparagraph division (e) or (f) enters into such an agreement
exclusively with a county or counties subject to the threshold
amount in paragraph "c", subparagraph (2), subparagraph
division (e) or (f), the threshold amount applicable to all
of the counties combined shall be a single threshold amount,
equal to the threshold amount attributable to the county with
the largest population When a county enters into a chapter 28E
agreement with another county or counties to collect delinquent
court debt, the county or the county debt collection designee
must collect an amount of delinquent court debt that originated
in the county and that is equal to the applicable threshold
amount under paragraph "c" in order for the county to qualify
for distribution of moneys collected by county attorneys under
paragraph "d".
f. Beginning July 1, 2010 2017, and every fiscal year
thereafter, amounts collected and distributed pursuant to
this subsection shall be equal to or greater than twenty=five
thousand dollars for each county or twenty=five thousand
dollars in the aggregate for counties that have entered into an
agreement pursuant to chapter 28E. If a county, or counties
that have entered into a chapter 28E agreement, fails to meet
the minimum threshold established in this paragraph, the
county, or counties under the chapter 28E agreement, shall
be within two years of beginning to collect delinquent court
debt, a county attorney shall be required to collect one
hundred percent of the applicable threshold amount specified
in paragraph "c". If a county attorney collects more than
eighty percent but less than one hundred percent of the
applicable threshold amount, the state court administrator
shall provide notice to the county attorney specifying that in
order to remain eligible to participate in the county attorney
collection program, the county attorney must collect at least
one hundred twenty=five percent of the applicable threshold
amount by the end of the next fiscal year. If a county attorney
who has been given such a notice fails to collect one hundred
twenty=five percent of the applicable threshold amount, the
state court administrator shall provide notice to the county
attorney that the county is ineligible to participate in the
county attorney collection program for the following next two
fiscal year years and all existing and future court cases
with delinquent court debt shall be assigned to the private
collection designee. In the event a county is ineligible to
collect under this program, the county may apply to the state
debt coordinator established in section 421C.1 to reenter
the program following the fiscal year of ineligibility. The
provisions of this paragraph apply to all counties, including
those counties where delinquent court debt is collected
pursuant to a chapter 28E agreement with one or more counties.
Sec. 7. STATE AUDITOR == REPORT. The state auditor shall
review the collection rate for each county that has filed a
notice of full commitment to collect delinquent court debt, and
file a report of the results of the review with the general
assembly by January 1, 2018. Additionally, the state auditor
shall distribute the report to the judicial branch and to each
county attorney who has filed a notice of full commitment to
collect delinquent court debt.
Sec. 8. TEMPORARY PROVISION FOR COUNTY COLLECTION
PROGRAMS. Notwithstanding the amendment to section 602.8107,
subsection 4, paragraph "f", in this Act, the provisions of
section 602.8107, subsection 4, paragraph "f", Code 2016, apply
to individual counties or counties entering into a chapter 28E
agreement until June 30, 2017.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2316, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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