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Senate Study Bill 158

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 321.89, subsection 1, unnumbered
  1  2 paragraph 1, Code 1995, is amended to read as follows:
  1  3    As used in this section and sections 321.90, and 321.91,
  1  4 and 321.105A, unless the context otherwise requires:
  1  5    Sec. 2.  NEW SECTION.  321.105A  ABANDONED MOTOR VEHICLE
  1  6 DISPOSAL FEE.
  1  7    1.  A city may impose, by ordinance, an abandoned motor
  1  8 vehicle disposal fee to be assessed on every vehicle which is
  1  9 required to be registered by the state and is registered with
  1 10 the county treasurer to a person residing within the city that
  1 11 imposes the disposal fee.  The fee is in addition to the
  1 12 annual registration fee required to be paid and shall be
  1 13 imposed only on the renewals of registrations and be payable
  1 14 during the registration renewal periods provided under section
  1 15 321.40.
  1 16    2.  The city council shall hold a public hearing on the
  1 17 ordinance proposing a disposal fee after public notice as
  1 18 provided under section 362.3.  The notice shall describe the
  1 19 time, date, place, and purpose of the hearing.  A certified
  1 20 copy of the ordinance shall be filed with the director as soon
  1 21 as possible after final passage and publication of the
  1 22 ordinance.
  1 23    3.  The disposal fee shall be paid to the county treasurer
  1 24 in an amount equal to one dollar per motor vehicle per year.
  1 25 The county treasurer shall require a person applying for the
  1 26 renewal of the registration of a vehicle to state the person's
  1 27 residence.  Payment of the disposal fee shall be evidenced by
  1 28 a notation on the state registration certificate.  The
  1 29 director shall prescribe by rule the type of notation.  The
  1 30 disposal fee is not refundable.  The disposal fee shall be
  1 31 paid in full with the first installment if the annual
  1 32 registration fee is paid in semiannual installments.
  1 33    4.  The disposal fee shall be imposed commencing on the
  1 34 first day of a month no earlier than ninety days from the date
  1 35 of final passage and publication of the ordinance by the city
  2  1 council.  The director shall inform the appropriate county
  2  2 treasurer after receiving notice of final passage of the
  2  3 ordinance and shall provide assistance to the county treasurer
  2  4 for the collection of the disposal fee and any penalties.  The
  2  5 fees shall be credited to an abandoned motor vehicle disposal
  2  6 fund established in the office of the county treasurer.  From
  2  7 the disposal fund, the county treasurer shall remit monthly,
  2  8 by direct deposit in the same manner as provided in section
  2  9 384.11, to each city in the county passing such an ordinance
  2 10 the amount collected from residents of the city during the
  2 11 preceding calendar month.  Moneys received by the city from
  2 12 the fund shall be credited to the general fund of the city to
  2 13 be used solely for payment of costs and expenses relating to
  2 14 the disposal and sale or disposal of abandoned vehicles,
  2 15 including but not limited to the costs and expenses of towing,
  2 16 preserving, storing, and inspecting abandoned vehicles;
  2 17 conducting an auction for the sale of such vehicles; all
  2 18 notice and publication costs incurred pursuant to section
  2 19 321.89, subsection 3; and any other costs incurred relating to
  2 20 abandoned vehicles.
  2 21    5.  The abandoned motor vehicle disposal fee shall be
  2 22 considered a part of the required annual registration fee for
  2 23 purposes of determining the penalty under section 321.134 for
  2 24 failure to timely pay such disposal fee.  Any penalties
  2 25 collected shall be credited to the county general fund to be
  2 26 used to defray the cost to the county of administering the
  2 27 disposal fee.  
  2 28                           EXPLANATION
  2 29    This bill provides that a city may, by ordinance, impose a
  2 30 $1 abandoned motor vehicle disposal fee on vehicles required
  2 31 to be registered by the state and registered by the county
  2 32 treasurer.  The fee is in addition to the regular annual
  2 33 registration fee imposed on vehicles and is remitted to the
  2 34 city for the purpose of paying the costs related to the
  2 35 disposal of abandoned motor vehicles.
  3  1    The bill provides for a public hearing on a proposed
  3  2 ordinance imposing a disposal fee and requires a city to
  3  3 inform the director of the state department of transportation
  3  4 of the final passage of that ordinance.  The bill establishes
  3  5 that the fee be imposed on the first of a month no earlier
  3  6 than 90 days from the passage of the ordinance.  The bill also
  3  7 provides for an abandoned motor vehicle disposal fund in the
  3  8 office of the county treasurer who will administer the funds
  3  9 received from the fee.
  3 10    The bill further provides that failure to pay the fee shall
  3 11 be treated as a failure to pay the required annual
  3 12 registration fee for purposes of determining the penalty under
  3 13 section 321.134.  Penalties collected for failing to pay the
  3 14 disposal fee shall be credited to the county in which the city
  3 15 that imposed the fee is located.  
  3 16 LSB 1792SC 76
  3 17 ec/sc/14
     

Text: SSB00157                          Text: SSB00159
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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