Bill Text: IA SF2316 | 2015-2016 | 86th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the collection of delinquent court debt and associated installment agreements. (Formerly SSB 3182.)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2316 Detail]
Download: Iowa-2015-SF2316-Amended.html
Bill Title: A bill for an act relating to the collection of delinquent court debt and associated installment agreements. (Formerly SSB 3182.)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2316 Detail]
Download: Iowa-2015-SF2316-Amended.html
Senate File 2316 - Reprinted SENATE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3182) (As Amended and Passed by the Senate April 18, 2016) A BILL FOR 1 An Act relating to the collection of delinquent court debt and 2 associated installment agreements. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 2316 (3) 86 jm/rj/jh PAG LIN 1 1 Section 1. Section 321.210B, subsection 1, Code 2016, is 1 2 amended to read as follows: 1 3 1. a. If a person's fine, penalty, surcharge, or court 1 4 cost is deemed delinquent as provided in section 602.8107, 1 5 subsection 2, and the person's driver's license has been 1 6 suspended pursuant to section 321.210A, or the clerk of the 1 7 district court has reported the delinquency to the department 1 8 as required by section 321.210A, the person may execute an 1 9 installment agreement as defined in section 602.8107 with 1 10 the county attorney, the county attorney's designee, or the 1 11 private collection designee under contract with the judicial 1 12 branch pursuant to section 602.8107, subsection 5, to pay the 1 13 delinquent amount and the civil penalty assessed in subsection 1 14 7 in installments. Prior to execution of the installment 1 15 agreement, the person shall provide the county attorney, the 1 16 county attorney's designee, or the private collection designee 1 17 with a financial statement in order for the parties to the 1 18 agreement to determine the amount of the installment payments. 1 19 b. Cases involving court debt assigned to a county attorney, 1 20 a county attorney's designee, or the private collection 1 21 designee shall remain so assigned. 1 22 Sec. 2. Section 321.210B, subsection 5, Code 2016, is 1 23 amended to read as follows: 1 24 5. Upon receipt of the report from the clerk of the 1 25 district court and payment of the reinstatement fee as 1 26 provided in section 321.191, the department shall terminate 1 27 the suspension if the suspension has not yet become effective. 1 28 If the suspension has become effective, the department shall 1 29 immediately reinstate the driver's license of the person unless 1 30 the driver's license of the person is otherwise suspended, 1 31 revoked, denied, or barred under another provision of law. 1 32 Sec. 3. Section 321.210B, subsection 8, Code 2016, is 1 33 amended to read as follows: 1 34 8. a.UponExcept as provided in paragraph "b", upon 1 35 determination by the county attorney, the county attorney's 2 1 designee, or the private collection designee that the person 2 2 is in default, the county attorney, the county attorney's 2 3 designee, or the private collection designee shall notify the 2 4 clerk of the district court. 2 5 b. (1) If the person is in default and the person 2 6 provides a new financial statement within fifteen days of 2 7 the determination made pursuant to paragraph "a" indicating 2 8 that the person's financial condition has changed to such an 2 9 extent that lower installment payments would have been required 2 10 prior to the execution of the initial installment agreement 2 11 under subsection 1, the county attorney, the county attorney's 2 12 designee, or the private collection designee shall not notify 2 13 the clerk of the district court, and the person shall not be 2 14 considered in default. The new installment payments shall be 2 15 based upon the new financial statement filed in compliance with 2 16 this subparagraph. 2 17 (2) A person making new installment payments after 2 18 complying with the provisions of subparagraph (1) shall not be 2 19 considered executing a new installment agreement for purposes 2 20 of calculating the number of installment agreements a person 2 21 may execute in a person's lifetime under subsection 13. 2 22 Sec. 4. Section 321.210B, subsection 12, Code 2016, is 2 23 amended by striking the subsection. 2 24 Sec. 5. Section 602.8107, subsection 3, paragraphs a and c, 2 25 Code 2016, are amended to read as follows: 2 26 a. Thirty days after court debt has been assessed and full 2 27 payment has not been received, or if an installment payment is 2 28 not received within thirty days after the date it is due, the 2 29 judicial branch shall assign a case to the private collection 2 30 designee under contract with the judicial branch pursuant to 2 31 subsection 5 to collect debts owed to the clerk of the district 2 32 court, unless the case has been assigned to the county attorney 2 33 under paragraph "c". 2 34 c.IfThirty days after court debt has been assessed and 2 35 full payment has not been received, or if an installment 3 1 payment is not received within thirty days after the date it 3 2 is due, and if a county attorney has filed with the clerk 3 3 of the district court a notice of full commitment to collect 3 4 delinquent court debt pursuant to subsection 4, thecourt 3 5 debt in acase shall be assignedafter sixty daysto the 3 6 county attorney as provided in subsection 4, if the court debt 3 7 in a case is not part of an installment agreement with the 3 8 private collection designee under contract with the judicial 3 9 branch pursuant to subsection 5. The judicial branch shall 3 10 assign cases with delinquent court debt to a county attorney 3 11 in the same format and with the same frequency as cases with 3 12 delinquent court debt are assigned to the private collection 3 13 designee under paragraph "a", and a county attorney shall not 3 14 be required to file an individual notice of full commitment 3 15 to collect delinquent court debt for each assigned case. If 3 16 the county attorney or the county attorney's designee, while 3 17 collecting delinquent court debt pursuant to subsection 4, 3 18 determines that a person owes additional court debt for which a 3 19 case has not been assigned by the judicial branch, the county 3 20 attorney or the county attorney's designee shall notify the 3 21 clerk of the district court of the appropriate case numbers 3 22 and the judicial branch shall assign these cases to the 3 23 county attorney for collection if the additional court debt is 3 24 delinquent. 3 25 Sec. 6. Section 602.8107, subsection 4, Code 2016, is 3 26 amended to read as follows: 3 27 4. County attorney collection. The county attorney or 3 28 the county attorney's designee may collect court debtsixty 3 29 daysafter the court debt is deemed delinquent pursuant to 3 30 subsection 2. In order to receive a percentage of the amounts 3 31 collected pursuant to this subsection, the county attorney 3 32 must first fileannuallywith the clerk of the district court 3 33 on or before July 1 of the first year the county attorney 3 34 collects court debt under this subsection, a notice of full 3 35 commitment to collect delinquent court debt, and a memorandum 4 1 of understanding with the state court administrator for all 4 2 cases assigned to the county for collection by the court. The 4 3annualnotice shall contain a list of procedures which will 4 4 be initiated by the county attorney. For a county attorney 4 5 filing a notice of full commitment for the first time, the 4 6 cases involving delinquent court debt previously assigned to 4 7 the private collection designee shall remain assigned to the 4 8 private collection designee. Cases involving delinquent court 4 9 debt assigned to the county attorney after the filing of a 4 10 notice of full commitment by the county attorney shall remain 4 11 assigned to the county attorney. A county attorney who chooses 4 12 to discontinue collection of delinquent court debt shall file 4 13 with the clerk of the district court on or before May 15 a 4 14 notice of the intent to cease collection of delinquent court 4 15 debt at the start of the next fiscal year. If a county attorney 4 16 ceases collection efforts, or if the state court administrator 4 17 deems that a county attorney collections program has become 4 18 ineligible to collect as specified in paragraph "f", all cases 4 19 involving delinquent court debt assigned to the county attorney 4 20 shall be transferred on July 1 to the private collection 4 21 designee for collection, except that debt associated with any 4 22 existing installment agreement shall remain assigned to the 4 23 county for collection unless an installment payment becomes 4 24 delinquent, after which the delinquent debt associated with 4 25 the installment agreement shall be transferred promptly to the 4 26 private collection designee for collection. 4 27 a. This subsection does not apply to amounts collected for 4 28 victim restitution, the victim compensation fund, the criminal 4 29 penalty surcharge, sex offender civil penalty, drug abuse 4 30 resistance education surcharge, the law enforcement initiative 4 31 surcharge, county enforcement surcharge, amounts collected as 4 32 a result of procedures initiated under subsection 5 or under 4 33 section 8A.504, or fees charged pursuant to section 356.7. 4 34 b. Amounts collected by the county attorney or the county 4 35 attorney's designee shall be distributed in accordance with 5 1 paragraphs "c" and "d". 5 2 c. (1)FortyTwenty=eight percent of the amounts collected 5 3 by the county attorney or the person procured or designated by 5 4 the county attorney shall be deposited in the general fund of 5 5 the county if the county attorney has filed the notice required 5 6 by this subsection, unless the county attorney has discontinued 5 7 collection efforts on a particular delinquent amount. 5 8 (2) The remainingsixtyseventy=two percent shall be 5 9 paid to the clerk of the district court each fiscal year for 5 10 distribution under section 602.8108. However, if such amount, 5 11 when added to the amount deposited into the general fund of 5 12 the county pursuant to subparagraph (1), exceeds the following 5 13 applicable threshold amount, the excess shall be distributed 5 14 as provided in paragraph "d": 5 15 (a) For a county with a population greater than one hundred 5 16 fifty thousand, an amount up tofive hundred thousandone 5 17 million dollars. 5 18 (b) For a county with a population greater than one hundred 5 19 thousand but not more than one hundred fifty thousand, an 5 20 amount up tofoursix hundred thousand dollars. 5 21 (c) For a county with a population greater than fifty 5 22 thousand but not more than one hundred thousand, an amount up 5 23 totwo hundred fiftythree hundred thousand dollars. 5 24 (d) For a county with a population greater than twenty=six 5 25 thousand but not more than fifty thousand, an amount up to one 5 26 hundred thousand dollars. 5 27 (e) For a county with a population greater than fifteen 5 28 thousand but not more than twenty=six thousand, an amount up to 5 29 fifty thousand dollars. 5 30 (f) For a county with a population equal to or less than 5 31 fifteen thousand, an amount up to twenty=five thousand dollars. 5 32 d.Any additional moneys collected by an individual county 5 33 after the distributions in paragraph "c" shall be distributed 5 34 by the state court administrator as follows: forty percent of 5 35 any additional moneys collected by the county attorney or the 6 1 person procured or designated by the county attorney shall be 6 2 deposited in the general fund of the county where the moneys 6 3 were collected; twenty percent of the remaining sixty percent 6 4 collected by the county attorney or the person procured or 6 5 designated by the county attorneyAfter the total collected by 6 6 a county attorney exceeds the threshold amount set in paragraph 6 7 "c", and for the remainder of the fiscal year, five percent 6 8 of the additional moneys collected shall be deposited with 6 9 the office of the county attorney that collected the moneys; 6 10 twenty=eight percent of the additional moneys collected shall 6 11 be deposited in the general fund of the county where the moneys 6 12 were collected; and theremainderremaining sixty=seven percent 6 13 of the additional moneys shall be paid to the clerk of the 6 14 district court for distribution under section 602.8108 or the 6 15 state court administrator may distribute the remainder under 6 16 section 602.8108 if the additional moneys have already been 6 17 received by the state court administrator. 6 18 e. (1) A county may enter into an agreement pursuant to 6 19 chapter 28E with one or more other counties for the purpose of 6 20 collecting delinquent court debt pursuant to this subsection. 6 21 (2)Notwithstanding paragraph "c", if a county subject 6 22 to the threshold amount in paragraph "c", subparagraph (2), 6 23 subparagraph division (e) or (f) enters into such an agreement 6 24 exclusively with a county or counties subject to the threshold 6 25 amount in paragraph "c", subparagraph (2), subparagraph 6 26 division (e) or (f), the threshold amount applicable to all 6 27 of the counties combined shall be a single threshold amount, 6 28 equal to the threshold amount attributable to the county with 6 29 the largest populationWhen a county enters into a chapter 28E 6 30 agreement with another county or counties to collect delinquent 6 31 court debt, the county or the county debt collection designee 6 32 must collect an amount of delinquent court debt that originated 6 33 in the county and that is equal to the applicable threshold 6 34 amount under paragraph "c" in order for the county to qualify 6 35 for distribution of moneys collected by county attorneys under 7 1 paragraph "d". 7 2 f. Beginning July 1,20102017,and every fiscal year 7 3 thereafter, amounts collected and distributed pursuant to 7 4 this subsection shall be equal to or greater than twenty=five 7 5 thousand dollars for each county or twenty=five thousand 7 6 dollars in the aggregate for counties that have entered into an 7 7 agreement pursuant to chapter 28E. If a county, or counties 7 8 that have entered into a chapter 28E agreement, fails to meet 7 9 the minimum threshold established in this paragraph, the 7 10 county, or counties under the chapter 28E agreement, shall 7 11 bewithin two years of beginning to collect delinquent court 7 12 debt, a county attorney shall be required to collect one 7 13 hundred percent of the applicable threshold amount specified 7 14 in paragraph "c". If a county attorney collects more than 7 15 eighty percent but less than one hundred percent of the 7 16 applicable threshold amount, the state court administrator 7 17 shall provide notice to the county attorney specifying that in 7 18 order to remain eligible to participate in the county attorney 7 19 collection program, the county attorney must collect at least 7 20 one hundred twenty=five percent of the applicable threshold 7 21 amount by the end of the next fiscal year. If a county attorney 7 22 who has been given such a notice fails to collect one hundred 7 23 twenty=five percent of the applicable threshold amount, the 7 24 state court administrator shall provide notice to the county 7 25 attorney that the county is ineligible to participate in the 7 26 county attorney collection program for thefollowingnext two 7 27 fiscalyearyears and all existing and future court cases 7 28 with delinquent court debt shall be assigned to the private 7 29 collection designee.In the event a county is ineligible to 7 30 collect under this program, the county may apply to the state 7 31 debt coordinator established in section 421C.1 to reenter 7 32 the program following the fiscal year of ineligibility.The 7 33 provisions of this paragraph apply to all counties, including 7 34 those counties where delinquent court debt is collected 7 35 pursuant to a chapter 28E agreement with one or more counties. 8 1 Sec. 7. STATE AUDITOR == REPORT. The state auditor shall 8 2 review the collection rate for each county that has filed a 8 3 notice of full commitment to collect delinquent court debt, and 8 4 file a report of the results of the review with the general 8 5 assembly by January 1, 2018. Additionally, the state auditor 8 6 shall distribute the report to the judicial branch and to each 8 7 county attorney who has filed a notice of full commitment to 8 8 collect delinquent court debt. 8 9 Sec. 8. TEMPORARY PROVISION FOR COUNTY COLLECTION 8 10 PROGRAMS. Notwithstanding the amendment to section 602.8107, 8 11 subsection 4, paragraph "f", in this Act, the provisions of 8 12 section 602.8107, subsection 4, paragraph "f", Code 2016, apply 8 13 to individual counties or counties entering into a chapter 28E 8 14 agreement until June 30, 2017. SF 2316 (3) 86 jm/rj/jh
