Text: SSB00270 Text: SSB00272 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 602.8107, subsection 1, Code 1995, is 2 10 amended to read as follows: 2 11 1. Restitution as defined in section 910.1 shall be paid 2 12 to the clerk of the district court. All amounts collected 2 13 shall be distributed pursuant to sections 602.8106 and 2 14 602.8108 or as otherwise provided by this Code. The clerk may 2 15 accept payment of an obligation or a portion thereof by credit 2 16 card.The clerk may charge a fee to reflect the additional2 17cost of processing the payment by credit card.Any fees 2 18 charged to the clerk with respect to payment by credit card 2 19 may be paid from receipts collected by credit card. For the 2 20 purpose of fee collection, all payments made to the clerk by a 2 21 means other than a credit card shall be considered cash 2 22 discount payments. 2 23 Sec. 4. Section 602.8107, subsection 5, Code 1995, is 2 24 amended to read as follows: 2 25 5. If a county attorneyhas not fileddoes not file a 2 26 notice of commitment to collect delinquent obligations 2 27 pursuant to section 331.756, subsection 5, or has transferred2 28collection responsibility for a particular delinquent amount2 29to the department, the department of revenue and finance or2 30its designee may collect delinquent fines, penalties, court2 31costs, surcharges, restitution for court-appointed attorney2 32fees, or expenses of a public defender. From the amounts2 33collected, the department shall pay for the services of its2 34designee and the remainder shall be deposited in the general2 35fund of the statewith the clerk of the district court on or 3 1 before July 1 of each year, the judicial department may assign 3 2 obligations to the centralized collection unit of the 3 3 department of revenue and finance or its designee to collect 3 4 debts owed to the clerk of the district court. 3 5 The department of revenue and finance may impose a fee 3 6 established by rule to reflect the cost of processing which 3 7 shall be added to the debt owed to the clerk of the district 3 8 court. Any amounts collected by the unit will first be 3 9 applied to the processing fee. The remaining amounts shall be 3 10 remitted to the clerk of the district court for the county in 3 11 which the debt is owed. The judicial department may prescribe 3 12 rules to implement this section. These rules may provide for 3 13 remittance of processing fees to the department of revenue and 3 14 finance or its designee. 3 15This subsection does not apply to amounts collected for3 16victim restitution, the victim compensation fund, criminal3 17penalty surcharge, or amounts collected as a result of3 18procedures initiated under section 421.17, subsection 25.3 19 Satisfaction of the outstanding obligation occurs only when 3 20 all fees or charges and the outstanding obligation are paid in 3 21 full. Payment of the outstanding obligation only shall not be 3 22 considered payment in full for satisfaction purposes. 3 23 The department of revenue and finance or its collection 3 24 designee shall file with the clerk of the district court a 3 25 notice of the satisfaction of each obligation to the full 3 26 extent of the moneys collected in satisfaction of the 3 27 obligation. The clerk of the district court shall record the 3 28 notice and enter a satisfaction for the amounts collected. 3 29 EXPLANATION 3 30 This bill provides that county treasurers are to refuse to 3 31 renew a motor vehicle registration if the person seeking to 3 32 renew the registration has not paid victim restitution. 3 33 Currently, the grounds for refusing registration are where a 3 34 person has an outstanding arrest warrant for violations of 3 35 chapter 321 regarding the operation of a motor vehicle or a 4 1 local traffic ordinance. The bill also makes this change 4 2 applicable to counties with a population of 25,000 or more, 4 3 instead of 200,000, and provides that counties of less than 4 4 25,000 may adopt the provision by resolution of the board of 4 5 supervisors. 4 6 The bill also eliminates the provision that clerks of the 4 7 district court may charge a fee for accepting payments by 4 8 credit card and provides that all payments not made to the 4 9 clerk by credit card will be considered cash discount 4 10 payments. 4 11 The bill further provides that if a county attorney has not 4 12 filed a notice of commitment to collect delinquent amounts by 4 13 July 1 of each year, the judicial department may assign 4 14 collection of the amounts to the centralized collection unit 4 15 of the department of revenue and finance or its designee. The 4 16 department of revenue and finance is authorized to impose a 4 17 fee to cover the costs of collection which is to be added to 4 18 the debt collected and to adopt administrative rules to 4 19 provide for the payment of fees to the department or outside 4 20 collection entities. Under the bill, an outstanding 4 21 obligation to the clerk of the district court is not 4 22 considered satisfied in full until the entire amount and any 4 23 applicable fees and charges are paid in full. 4 24 LSB 2274SC 76 4 25 mk/jj/8
Text: SSB00270 Text: SSB00272 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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