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PAG LIN 1 1 Section 1. Section 321.40, unnumbered paragraph 4, Code 1 2 1995, is amended to read as follows: 1 3 The county treasurer shall refuse to renew the registration 1 4 of a vehicle registered to a person when notified thatthere1 5is a warrant outstanding for that person's arrest out of athe 1 6 person has not paid restitution as defined under section 1 7 910.1, subsection 3, to the clerk of the court located within 1 8 that countyand the warrant arises out of the alleged1 9violation of a provision of this chapter or of an ordinance1 10adopted by a local authority relating to the stopping, parking1 11or operation of a vehicle or the regulation of traffic. Each 1 12 clerk of courtin this statesubject to this section shall, by 1 13 the last day of each month, notify the county treasurer of 1 14 that county of all personsagainst whom such an arrest warrant1 15has been issued and is outstandingwho owe delinquent 1 16 restitution. Immediately upon the cancellation or 1 17 satisfaction ofsuch an arrest warrantthe restitution the 1 18 clerk of court shall notifythe person against whom the arrest1 19warrant was issued andthe county treasurer if that person's 1 20 name appeared on the last list furnished to the county 1 21 treasurer. This paragraph does not apply to the transfer of a 1 22 registration or the issuance of a new registration. The 1 23 provisions of this paragraph are applicable to counties with a 1 24 population oftwo hundredtwenty-five thousand or more. The 1 25 provisions of this paragraph shall be applicable to any county 1 26 with a population of less thantwo hundredtwenty-five 1 27 thousand upon the adoption of a resolution by the county board 1 28 of supervisors so providing. 1 29 Sec. 2. Section 321.236, subsection 1, paragraph c, Code 1 30 1995, is amended to read as follows: 1 31 c. If the local authority regulating the standing or 1 32 parking of vehicles under this subsection is located in a 1 33 county where the renewal of registration of a vehicle shall be 1 34deniedrefused foroutstanding arrest warrantsunpaid 1 35 restitution under section 321.40, the simple notice of fine 2 1 under paragraph "a"of this subsectionshall contain the 2 2 following statement: 2 3 "FAILURE TO PAYA JUDGMENT FOR A PARKING VIOLATION2 4 RESTITUTION OWED BY YOU CAN BE GROUNDS FOR REFUSING TO RENEW 2 5 YOUR MOTOR VEHICLE'S REGISTRATION." 2 6This paragraph does not invalidate forms for notice of2 7parking violations in existence prior to July 1, 1980.2 8Existing forms may be used until supplies are exhausted.2 9 Sec. 3. Section 331.756, subsection 5, unnumbered 2 10 paragraph 4, Code 1995, is amended to read as follows: 2 11 All fines, penalties, court costs, fees, and restitution 2 12 for court-appointed attorney fees or expenses of a public 2 13 defender which are delinquent as defined in section 602.8107 2 14 may be collected by the county attorney or the person procured 2 15 or designated by the county attorney. In order to receive a 2 16 percentage of the amounts collected pursuant to section 2 17 602.8107, the county attorney must file annually with the 2 18 clerk of the district court on or before July 1 a notice of 2 19 full commitment to collect delinquent obligations and must 2 20 file on the first day of each month a list of the cases in 2 21 which the county attorney or the person procured or designated 2 22 by the county attorney is pursuing the collection of 2 23 delinquent obligations. The annual notice shall contain a 2 24 list of procedures which will be initiated by the county 2 25 attorney. Amounts collected by the county attorney or the 2 26 person procured or designated by the county attorney shall be 2 27 distributed in accordance with section 602.8107. 2 28 Sec. 4. Section 421.17, subsection 25, unnumbered 2 29 paragraph 1, Code 1995, is amended to read as follows: 2 30 To establish and maintain a procedure to set off against a 2 31 debtor's income tax refund or rebate any debt which is in the 2 32 form of a liquidated sum due, owing, and payable to the clerk 2 33 of the district courtas a civil penalty or restitution as2 34defined and ordered under sections 910.1 and 910.2 incurred as2 35a result of services provided under chapters 13B and 815, and3 1section 232.141. The procedure shall meet the following 3 2 conditions: 3 3 Sec. 5. Section 421.17, subsection 25, paragraph f, Code 3 4 1995, is amended to read as follows: 3 5 f. The department shall set off the debtagainst, and3 6deduct, plus a fee established by rule to reflect the cost of 3 7 processingfrom, against the debtor's income tax refund or 3 8 rebate. The department shall transfer ninety percent of the 3 9 amount set off to the treasurer of state for deposit in the 3 10 general fund of the state. The remaining ten percent shall be 3 11 remitted to the judicial department and used to defray the 3 12 costs of this procedure. If the debtor gives timely written 3 13 notice of intent to contest the amount of the claim, the 3 14 department shall hold the refund or rebate until final 3 15 determination of the correct amount of the claim. 3 16 Sec. 6. Section 602.8107, subsection 1, Code 1995, is 3 17 amended to read as follows: 3 18 1. Restitution as defined in section 910.1 and all other 3 19 fines, penalties, fees, court costs, and surcharges owing and 3 20 payable to the clerk shall be paid to the clerk of the 3 21 district court. All amounts collected shall be distributed 3 22 pursuant to sections 602.8106 and 602.8108 or as otherwise 3 23 provided by this Code. The clerk may accept payment of an 3 24 obligation or a portion thereof by credit card.The clerk may3 25charge a fee to reflect the additional cost of processing the3 26payment by credit card.Any fees charged to the clerk with 3 27 respect to payment by credit card may be paid from receipts 3 28 collected by credit card. 3 29 Sec. 7. Section 602.8107, subsection 4, unnumbered 3 30 paragraphs 1 and 2, Code 1995, are amended to read as follows: 3 31 All fines, penalties, court costs, fees, surcharges, and 3 32 restitution for court-appointed attorney fees or for expenses 3 33 of a public defender which are delinquent may be collected by 3 34 the county attorney or the county attorney's designee. 3 35 Thirty-five percent of the amounts collected by the county 4 1 attorney or the person procured or designated by the county 4 2 attorney shall be deposited in the general fund of the county 4 3 if the county attorney has filed the notice required in 4 4 section 331.756, subsection 5, unless the county attorney has 4 5 discontinued collection efforts on a particular delinquent 4 6 amountand has transferred collection responsibilities to the4 7department of revenue and finance. The remainder shall be 4 8 paid to the clerk for distribution under section 602.8108. 4 9 This subsection does not apply to amounts collected for 4 10 victim restitution, the victim compensation fund, criminal 4 11 penalty surcharge, or amounts collected as a result of 4 12 procedures initiated under subsection 5 or under section 4 13 421.17, subsection 25. 4 14 Sec. 8. Section 602.8107, subsection 5, Code 1995, is 4 15 amended to read as follows: 4 16 5. If a county attorneyhas not filed adoes not file the 4 17 noticeof commitment to collect delinquent obligations4 18pursuant toand list of cases required in section 331.756, 4 19 subsection 5, or has transferred collection responsibility for4 20a particular delinquent amount to the department, the4 21department of revenue and finance or its designee may collect4 22delinquent fines, penalties, court costs, surcharges,4 23restitution for court-appointed attorney fees, or expenses of4 24a public defender. From the amounts collected, the department4 25shall pay for the services of its designee and the remainder4 26shall be deposited in the general fund of the state, the 4 27 judicial department may assign obligations to the centralized 4 28 collection unit of the department of revenue and finance or 4 29 its designee to collect delinquent debts owed to the clerk of 4 30 the district court. 4 31 The department of revenue and finance may impose a fee 4 32 established by rule to reflect the cost of processing which 4 33 shall be added to the debt owed to the clerk of the district 4 34 court. Any amounts collected by the unit will first be 4 35 applied to the processing fee. The remaining amounts shall be 5 1 remitted to the clerk of the district court for the county in 5 2 which the debt is owed. The judicial department may prescribe 5 3 rules to implement this section. These rules may provide for 5 4 remittance of processing fees to the department of revenue and 5 5 finance or its designee. 5 6This subsection does not apply to amounts collected for5 7victim restitution, the victim compensation fund, criminal5 8penalty surcharge, or amounts collected as a result of5 9procedures initiated under section 421.17, subsection 25.5 10 Satisfaction of the outstanding obligation occurs only when 5 11 all fees or charges and the outstanding obligation are paid in 5 12 full. Payment of the outstanding obligation only shall not be 5 13 considered payment in full for satisfaction purposes. 5 14 The department of revenue and finance or its collection 5 15 designee shall file with the clerk of the district court a 5 16 notice of the satisfaction of each obligation to the full 5 17 extent of the moneys collected in satisfaction of the 5 18 obligation. The clerk of the district court shall record the 5 19 notice and enter a satisfaction for the amounts collected. 5 20 Sec. 9. Section 666.6, Code 1995, is amended to read as 5 21 follows: 5 22 666.6 ANNUAL REPORT OF OUTSTANDING FINES, PENALTIES, 5 23 FORFEITURES, AND RECOGNIZANCES. 5 24 The clerk of the district court shall make an annual report 5 25 in writing to the state court administrator no later than 5 26JanuaryAugust 15 of the fines, penalties, forfeitures, and 5 27 recognizances which have not been paid, remitted, canceled, or 5 28 otherwise satisfied during the previouscalendarfiscal year. 5 29 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 5 30 1996. 5 31 SF 403 5 32 mk/cc/26
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