SSB 3171 (LSB 5749SC (3) 85)

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 treasurers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.40, subsection 7, Code 2014, is amended to read as follows:
   7.  a.  The county treasurer shall refuse to renew the registration of a vehicle registered to an applicant if the county treasurer knows that the applicant has one or more uncontested, delinquent parking fines for tickets issued pursuant to section 321.236, subsection 1, paragraph “b”, owing to the county, or owing to a city with which the county has an agreement authorized under section 331.553. However, a county treasurer may renew the registration if the treasurer determines that an error was made by the county or city in identifying the vehicle involved in the parking violation or if the citation has been dismissed as against the owner of the vehicle pursuant to section 321.484. This subsection does not apply to the transfer of a registration or the issuance of a new registration. Notwithstanding section 28E.10, a county treasurer may utilize the department’s vehicle registration and titling system distributed teleprocessing network to facilitate the purposes of this subsection.
   b.  The county treasurer of the county in which a person’s vehicle is registered may collect from an applicant delinquent parking fines owed to a city with which the county has an agreement authorized under section 331.553 or owed to the county. The applicant may remit full payment for such delinquent parking fines, along with a processing fee of five dollars, to the county treasurer at the time of registration renewal. Upon full payment of the required delinquent parking fines, processing fee, and vehicle registration fee, the county treasurer shall issue registration to the applicant. A county treasurer collecting on behalf of the county or a city shall update the vehicle registration records through the distributed teleprocessing network on a daily basis for all persons who have paid delinquent parking fines pursuant to this paragraph. A county treasurer shall forward all funds collected for the city to the city and all funds collected for the county to the county.
    Sec. 2.  Section 321.40, subsection 9, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The county treasurer of the county in which the person’s vehicle is registered, in cooperation with the clerk of the district court, may collect delinquent court debt owed to the clerk of the district court from a person applying for renewal of a vehicle registration. The applicant may remit full payment of the delinquent court debt, along with a processing fee of five dollars, to the county treasurer at the time of registration renewal. Upon full payment of the required delinquent court debt, processing fee, and vehicle registration fee, the county treasurer shall issue the registration to the person. A county treasurer collecting on behalf of the clerk of the district court shall update the vehicle registration records through the distributed teleprocessing network on a daily basis for all persons who have paid delinquent court debt pursuant to this paragraph. A county treasurer shall forward all funds collected for the clerk of the district court to the clerk of the district court.
    Sec. 3.  Section 321.46, subsection 5, Code 2014, is amended to read as follows:
   5.  The seller or transferor may file an affidavit on forms prescribed and provided by the department with the county treasurer of the county where the vehicle is registered certifying the sale or transfer of ownership of the vehicle and the assignment and delivery of the certificate of title for the vehicle. Upon receipt of the affidavit, the county treasurer shall file the affidavit with the copy of the registration receipt for the vehicle on file in the treasurer’s office and on that day the treasurer shall note receipt of the affidavit in the vehicle registration and titling system distributed teleprocessing network. Upon filing the affidavit, it shall be presumed that the seller or transferor has assigned and delivered the certificate of title for the vehicle. For a leased vehicle, the lessor licensed pursuant to chapter 321F or the lessee may file an affidavit as provided in this subsection certifying that the lease has expired or been terminated and the date that the leased vehicle was surrendered to the lessor.
    Sec. 4.  Section 321.152, subsection 3, Code 2014, is amended to read as follows:
   3.  The five dollar processing fee charged by a county treasurer for collection of tax debt owed to the department of revenue pursuant to section 321.40, subsection 6, for collection of delinquent parking fines owed to a city or the county pursuant to section 321.40, subsection 7, and for collection of delinquent court debt pursuant to section 321.40, subsection 9, shall be retained for deposit in the county general fund.
    Sec. 5.  Section 321.236, subsection 1, paragraph e, Code 2014, is amended by striking the paragraph.
    Sec. 6.  Section 331.553, subsection 8, Code 2014, is amended to read as follows:
   8.  a.  Pursuant to an agreement under chapter 28E, collect delinquent parking fines on behalf of a city in conjunction with renewal of motor vehicle registrations pursuant to section 321.40. If the agreement provides for a fee to be paid to or retained by the county treasurer from the collection of parking fines, such fees shall be credited to the county general fund. Fines collected pursuant to this subsection shall be remitted biannually to the city.
   b.  Pursuant to a resolution adopted by the board of supervisors for that county, collect delinquent parking fines on behalf of the county in conjunction with renewal of motor vehicle registrations pursuant to section 321.40.
   c.  Notwithstanding section 28E.10, a county treasurer may utilize the state department of transportation’s vehicle registration and titling system distributed teleprocessing network to facilitate the purposes of this subsection.
    Sec. 7.  Section 364.2, subsection 5, Code 2014, is amended to read as follows:
   5.  If provided by ordinance, a city may enter into a chapter 28E agreement for the collection of delinquent parking fines by a county treasurer pursuant to section 321.40 at the time a person applies for renewal of a motor vehicle registration, for violations that have not been appealed or for which appeal has been denied. The city may pay the county treasurer may collect and retain a reasonable five dollar processing fee for deposit into the county general fund for the collection of such fines, or may allow the county treasurer to retain a portion of the fines collected, as provided in the agreement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill is related to the vehicle registration duties of county treasurers.
   The bill provides that a county treasurer may collect delinquent parking fines from a vehicle registration applicant on behalf of the county or certain cities. The bill requires the applicant to remit full payment for the delinquent parking fines, along with a $5 processing fee and the renewal fee, to the county treasurer at the time of registration renewal. A county treasurer collecting on behalf of the county or a city is required to update the vehicle registration records through the state department of transportation’s distributed teleprocessing network, on a daily basis, for all persons who have paid delinquent parking fines in this manner. The bill also makes corresponding changes.
   The bill strikes language related to payment of computer programming costs incurred by the department of transportation to accommodate the collection of delinquent parking fines on behalf of cities through Code chapter 28E agreements between counties and cities and replaces that payment with a $5 fee that the county treasurer may collect for the collection of such fines.
   The bill further provides that a county treasurer may cooperate with the clerk of the district court to collect delinquent court debt owed to the clerk. The bill provides that a county treasurer may lift a hold on vehicle registration if an applicant remits full payment for the applicant’s delinquent court debt. The county treasurer may also collect a $5 fee for the collection of such court debt for deposit into the county general fund.