Text: SF02231                           Text: SF02233
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index


Senate File 2232

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  PILOT PROJECT FOR REFUND OF PROCESSING FEES.
  1  2    1.  As used in this section:
  1  3    a.  "Customer" means a person paying a processing fee as
  1  4 part of an application for the issuance of a license or permit
  1  5 or for the filing of a document by a participating agency as
  1  6 provided in paragraph "c".
  1  7    b.  "Participating agency" means the state department of
  1  8 transportation, the department of natural resources, or the
  1  9 office of secretary of state that elects to participate in the
  1 10 pilot project as provided in subsection 2.
  1 11    c.  "Processing fee" means a fee that is required to be
  1 12 paid to a participating agency as follows:
  1 13    (1)  The state department of transportation for issuing a
  1 14 renewal or duplicate of a nonoperator's identification card or
  1 15 a driver's license pursuant to chapter 321.
  1 16    (2)  The department of natural resources for issuing a
  1 17 stormwater discharge permit pursuant to section 455B.103A.
  1 18    (3)  The office of secretary of state for filing a document
  1 19 for which a fee is required pursuant to section 490.122,
  1 20 subsection 1, paragraphs "a" and "s", and section 504A.85,
  1 21 subsections 1 and 9.
  1 22    2.  A participating agency may establish a pilot project
  1 23 for the refund of all or a portion of processing fees paid by
  1 24 customers.  The following shall apply to a participating
  1 25 agency:
  1 26    a.  The participating agency shall refund all or a portion
  1 27 of a processing fee to a customer if the participating agency
  1 28 fails to issue a license or permit or file a document for
  1 29 which the customer paid a processing fee in a manner and
  1 30 within a period of time customary for issuing similar licenses
  1 31 or permits or filing similar documents.
  1 32    b.  The participating agency is not required to refund any
  1 33 amount of a processing fee if the failure to issue a license
  1 34 or permit or file a document is primarily caused by the
  1 35 customer, including the customer's failure to comply with
  2  1 legal requirements, furnish a completed application or
  2  2 document, or cooperate with the participating agency as
  2  3 required by the participating agency.
  2  4    3.  Each participating agency shall adopt rules pursuant to
  2  5 chapter 17A necessary in order to administer this section.
  2  6    4.  The decision of a participating agency not to issue a
  2  7 refund is a final agency action and is not subject to a
  2  8 contested case proceeding or further agency review pursuant to
  2  9 chapter 17A.
  2 10    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 11 immediate importance, takes effect upon enactment.  
  2 12                           EXPLANATION
  2 13    This bill establishes a pilot project involving the refund
  2 14 of moneys paid to the state department of transportation for
  2 15 issuing driver's licenses or nonoperator's identification
  2 16 card, the department of natural resources for issuing
  2 17 stormwater discharge permits, and the office of secretary of
  2 18 state for filing corporate documents.  The bill provides that
  2 19 a member of the public ("customer") who pays a fee to a
  2 20 participating agency for the issuance of a driver's license or
  2 21 nonoperator's identification card, a stormwater discharge
  2 22 permit, or the filing of corporate documents may be refunded
  2 23 all or a portion of the fee if the participating agency fails
  2 24 to issue the license or permit or file the document in a
  2 25 manner and within a period of time customary for issuing
  2 26 similar licenses or permits or filing similar documents.
  2 27    The bill provides that a participating agency is not
  2 28 required to refund any amount of the fee, if the failure to
  2 29 issue a license or permit or file a document is primarily
  2 30 caused by the customer.
  2 31    The bill provides that the decision of a participating
  2 32 agency to issue a refund is a final agency action and is not
  2 33 subject to a contested case proceeding pursuant to Code
  2 34 chapter 17A.
  2 35    The bill takes effect upon enactment.  
  3  1 LSB 5505XS 78
  3  2 da/gg/8
     

Text: SF02231                           Text: SF02233
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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