Bill Text: IA SSB3171 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the vehicle registration duties of county treasurers.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-11 - In Local Government [SSB3171 Detail]
Download: Iowa-2013-SSB3171-Introduced.html
Senate
Study
Bill
3171
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WILHELM)
A
BILL
FOR
An
Act
relating
to
the
vehicle
registration
duties
of
county
1
treasurers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5749SC
(3)
85
aw/sc
S.F.
_____
Section
1.
Section
321.40,
subsection
7,
Code
2014,
is
1
amended
to
read
as
follows:
2
7.
a.
The
county
treasurer
shall
refuse
to
renew
the
3
registration
of
a
vehicle
registered
to
an
applicant
if
the
4
county
treasurer
knows
that
the
applicant
has
one
or
more
5
uncontested,
delinquent
parking
fines
for
tickets
issued
6
pursuant
to
section
321.236,
subsection
1
,
paragraph
“b”
,
owing
7
to
the
county,
or
owing
to
a
city
with
which
the
county
has
8
an
agreement
authorized
under
section
331.553
.
However,
a
9
county
treasurer
may
renew
the
registration
if
the
treasurer
10
determines
that
an
error
was
made
by
the
county
or
city
in
11
identifying
the
vehicle
involved
in
the
parking
violation
or
12
if
the
citation
has
been
dismissed
as
against
the
owner
of
the
13
vehicle
pursuant
to
section
321.484
.
This
subsection
does
not
14
apply
to
the
transfer
of
a
registration
or
the
issuance
of
a
15
new
registration.
Notwithstanding
section
28E.10
,
a
county
16
treasurer
may
utilize
the
department’s
vehicle
registration
and
17
titling
system
distributed
teleprocessing
network
to
facilitate
18
the
purposes
of
this
subsection
.
19
b.
The
county
treasurer
of
the
county
in
which
a
person’s
20
vehicle
is
registered
may
collect
from
an
applicant
delinquent
21
parking
fines
owed
to
a
city
with
which
the
county
has
an
22
agreement
authorized
under
section
331.553
or
owed
to
the
23
county.
The
applicant
may
remit
full
payment
for
such
24
delinquent
parking
fines,
along
with
a
processing
fee
of
five
25
dollars,
to
the
county
treasurer
at
the
time
of
registration
26
renewal.
Upon
full
payment
of
the
required
delinquent
parking
27
fines,
processing
fee,
and
vehicle
registration
fee,
the
county
28
treasurer
shall
issue
registration
to
the
applicant.
A
county
29
treasurer
collecting
on
behalf
of
the
county
or
a
city
shall
30
update
the
vehicle
registration
records
through
the
distributed
31
teleprocessing
network
on
a
daily
basis
for
all
persons
who
32
have
paid
delinquent
parking
fines
pursuant
to
this
paragraph.
33
A
county
treasurer
shall
forward
all
funds
collected
for
the
34
city
to
the
city
and
all
funds
collected
for
the
county
to
the
35
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_____
county.
1
Sec.
2.
Section
321.40,
subsection
9,
Code
2014,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
c.
The
county
treasurer
of
the
county
4
in
which
the
person’s
vehicle
is
registered,
in
cooperation
5
with
the
clerk
of
the
district
court,
may
collect
delinquent
6
court
debt
owed
to
the
clerk
of
the
district
court
from
a
7
person
applying
for
renewal
of
a
vehicle
registration.
The
8
applicant
may
remit
full
payment
of
the
delinquent
court
debt,
9
along
with
a
processing
fee
of
five
dollars,
to
the
county
10
treasurer
at
the
time
of
registration
renewal.
Upon
full
11
payment
of
the
required
delinquent
court
debt,
processing
12
fee,
and
vehicle
registration
fee,
the
county
treasurer
shall
13
issue
the
registration
to
the
person.
A
county
treasurer
14
collecting
on
behalf
of
the
clerk
of
the
district
court
shall
15
update
the
vehicle
registration
records
through
the
distributed
16
teleprocessing
network
on
a
daily
basis
for
all
persons
who
17
have
paid
delinquent
court
debt
pursuant
to
this
paragraph.
18
A
county
treasurer
shall
forward
all
funds
collected
for
the
19
clerk
of
the
district
court
to
the
clerk
of
the
district
court.
20
Sec.
3.
Section
321.46,
subsection
5,
Code
2014,
is
amended
21
to
read
as
follows:
22
5.
The
seller
or
transferor
may
file
an
affidavit
on
23
forms
prescribed
and
provided
by
the
department
with
the
24
county
treasurer
of
the
county
where
the
vehicle
is
registered
25
certifying
the
sale
or
transfer
of
ownership
of
the
vehicle
and
26
the
assignment
and
delivery
of
the
certificate
of
title
for
the
27
vehicle.
Upon
receipt
of
the
affidavit,
the
county
treasurer
28
shall
file
the
affidavit
with
the
copy
of
the
registration
29
receipt
for
the
vehicle
on
file
in
the
treasurer’s
office
and
30
on
that
day
the
treasurer
shall
note
receipt
of
the
affidavit
31
in
the
vehicle
registration
and
titling
system
distributed
32
teleprocessing
network
.
Upon
filing
the
affidavit,
it
shall
33
be
presumed
that
the
seller
or
transferor
has
assigned
and
34
delivered
the
certificate
of
title
for
the
vehicle.
For
a
35
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leased
vehicle,
the
lessor
licensed
pursuant
to
chapter
321F
or
1
the
lessee
may
file
an
affidavit
as
provided
in
this
subsection
2
certifying
that
the
lease
has
expired
or
been
terminated
and
3
the
date
that
the
leased
vehicle
was
surrendered
to
the
lessor.
4
Sec.
4.
Section
321.152,
subsection
3,
Code
2014,
is
amended
5
to
read
as
follows:
6
3.
The
five
dollar
processing
fee
charged
by
a
county
7
treasurer
for
collection
of
tax
debt
owed
to
the
department
8
of
revenue
pursuant
to
section
321.40,
subsection
6
,
for
9
collection
of
delinquent
parking
fines
owed
to
a
city
or
the
10
county
pursuant
to
section
321.40,
subsection
7,
and
for
11
collection
of
delinquent
court
debt
pursuant
to
section
321.40,
12
subsection
9,
shall
be
retained
for
deposit
in
the
county
13
general
fund.
14
Sec.
5.
Section
321.236,
subsection
1,
paragraph
e,
Code
15
2014,
is
amended
by
striking
the
paragraph.
16
Sec.
6.
Section
331.553,
subsection
8,
Code
2014,
is
amended
17
to
read
as
follows:
18
8.
a.
Pursuant
to
an
agreement
under
chapter
28E
,
collect
19
delinquent
parking
fines
on
behalf
of
a
city
in
conjunction
20
with
renewal
of
motor
vehicle
registrations
pursuant
to
section
21
321.40
.
If
the
agreement
provides
for
a
fee
to
be
paid
to
or
22
retained
by
the
county
treasurer
from
the
collection
of
parking
23
fines,
such
fees
shall
be
credited
to
the
county
general
fund.
24
Fines
collected
pursuant
to
this
subsection
shall
be
remitted
25
biannually
to
the
city.
26
b.
Pursuant
to
a
resolution
adopted
by
the
board
of
27
supervisors
for
that
county,
collect
delinquent
parking
fines
28
on
behalf
of
the
county
in
conjunction
with
renewal
of
motor
29
vehicle
registrations
pursuant
to
section
321.40.
30
c.
Notwithstanding
section
28E.10
,
a
county
treasurer
31
may
utilize
the
state
department
of
transportation’s
vehicle
32
registration
and
titling
system
distributed
teleprocessing
33
network
to
facilitate
the
purposes
of
this
subsection
.
34
Sec.
7.
Section
364.2,
subsection
5,
Code
2014,
is
amended
35
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_____
to
read
as
follows:
1
5.
If
provided
by
ordinance,
a
city
may
enter
into
a
chapter
2
28E
agreement
for
the
collection
of
delinquent
parking
fines
3
by
a
county
treasurer
pursuant
to
section
321.40
at
the
time
a
4
person
applies
for
renewal
of
a
motor
vehicle
registration,
for
5
violations
that
have
not
been
appealed
or
for
which
appeal
has
6
been
denied.
The
city
may
pay
the
county
treasurer
may
collect
7
and
retain
a
reasonable
five
dollar
processing
fee
for
deposit
8
into
the
county
general
fund
for
the
collection
of
such
fines
,
9
or
may
allow
the
county
treasurer
to
retain
a
portion
of
the
10
fines
collected,
as
provided
in
the
agreement
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
is
related
to
the
vehicle
registration
duties
of
15
county
treasurers.
16
The
bill
provides
that
a
county
treasurer
may
collect
17
delinquent
parking
fines
from
a
vehicle
registration
applicant
18
on
behalf
of
the
county
or
certain
cities.
The
bill
requires
19
the
applicant
to
remit
full
payment
for
the
delinquent
parking
20
fines,
along
with
a
$5
processing
fee
and
the
renewal
fee,
21
to
the
county
treasurer
at
the
time
of
registration
renewal.
22
A
county
treasurer
collecting
on
behalf
of
the
county
or
a
23
city
is
required
to
update
the
vehicle
registration
records
24
through
the
state
department
of
transportation’s
distributed
25
teleprocessing
network,
on
a
daily
basis,
for
all
persons
who
26
have
paid
delinquent
parking
fines
in
this
manner.
The
bill
27
also
makes
corresponding
changes.
28
The
bill
strikes
language
related
to
payment
of
computer
29
programming
costs
incurred
by
the
department
of
transportation
30
to
accommodate
the
collection
of
delinquent
parking
fines
on
31
behalf
of
cities
through
Code
chapter
28E
agreements
between
32
counties
and
cities
and
replaces
that
payment
with
a
$5
fee
33
that
the
county
treasurer
may
collect
for
the
collection
of
34
such
fines.
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The
bill
further
provides
that
a
county
treasurer
may
1
cooperate
with
the
clerk
of
the
district
court
to
collect
2
delinquent
court
debt
owed
to
the
clerk.
The
bill
provides
3
that
a
county
treasurer
may
lift
a
hold
on
vehicle
registration
4
if
an
applicant
remits
full
payment
for
the
applicant’s
5
delinquent
court
debt.
The
county
treasurer
may
also
collect
a
6
$5
fee
for
the
collection
of
such
court
debt
for
deposit
into
7
the
county
general
fund.
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