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 -1- LSB 5749SC (3) 85 aw/sc 1/ 5
S.F. _____ 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 -2- LSB 5749SC (3) 85 aw/sc 2/ 5
S.F. _____ 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 -3- LSB 5749SC (3) 85 aw/sc 3/ 5
S.F. _____ 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. 35 -4- LSB 5749SC (3) 85 aw/sc 4/ 5
S.F. _____ 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. 8 -5- LSB 5749SC (3) 85 aw/sc 5/ 5