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PAG LIN 1 1 SENATE FILE 2289 1 2 1 3 AN ACT 1 4 RELATING TO VARIOUS DUTIES OF THE COUNTY TREASURER AND TO 1 5 CERTAIN FEES COLLECTED BY THE COUNTY TREASURER. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 321.23A AFFIDAVIT OF CORRECTION. 1 10 When information is printed incorrectly on a certificate of 1 11 title, application for certificate of title, damage disclosure 1 12 statement, or other document required for a title transfer or 1 13 when these documents contain an alteration or erasure, the 1 14 county treasurer may accept a notarized affidavit of 1 15 correction. This subsection does not apply to an odometer 1 16 certification statement. The department shall consult with a 1 17 representative of the Iowa state county treasurer's 1 18 association and shall promulgate rules and adopt a standard 1 19 affidavit form or forms to administer this section. 1 20 Sec. 2. Section 321.47, unnumbered paragraph 1, Code 2003, 1 21 is amended to read as follows: 1 22 If ownership of a vehicle is transferred by operation of 1 23 law upon inheritance, devise or bequest, dissolution decree, 1 24 order in bankruptcy, insolvency, replevin, foreclosure or 1 25 execution sale, abandoned vehicle sale, or when the engine of 1 26 a motor vehicle is replaced by another engine, or a vehicle is 1 27 sold or transferred to satisfy an artisan's lien as provided 1 28 in chapter 577, a landlord's lien as provided in chapter 570, 1 29 a storage lien as provided in chapter 579, a judgment in an 1 30 action for abandonment of a manufactured or mobile home as 1 31 provided in chapter 555B, upon presentation of an affidavit 1 32 relating to the disposition of a valueless mobile, modular, or 1 33 manufactured home as provided in chapter 555C, or repossession 1 34 is had upon default in performance of the terms of a security 1 35 agreement, the county treasurer in the transferee's county of 2 1 residence, upon the surrender of the prior certificate of 2 2 title or the manufacturer's or importer's certificate, or when 2 3 that is not possible, upon presentation of satisfactory proof 2 4 to the county treasurer of ownership and right of possession 2 5 to the vehicle and upon payment of a fee of ten dollars and 2 6 the presentation of an application for registration and 2 7 certificate of title, may issue to the applicant a 2 8 registration card for the vehicle and a certificate of title 2 9 to the vehicle. A person entitled to ownership of a vehicle 2 10 under a decree of dissolution shall surrender a reproduction 2 11 of a certified copy of the dissolution and upon fulfilling the 2 12 other requirements of this chapter is entitled to a 2 13 certificate of title and registration receipt issued in the 2 14 person's name. 2 15 Sec. 3. Section 321.50, subsection 1, Code Supplement 2 16 2003, is amended to read as follows: 2 17 1. A security interest in a vehicle subject to 2 18 registration under the laws of this state or a mobile home or 2 19 manufactured home, except trailers whose empty weight is two 2 20 thousand pounds or less, and except new or used vehicles held 2 21 by a dealer or manufacturer as inventory for sale, is 2 22 perfected by the delivery to the county treasurer of the 2 23 county where the certificate of title was issued or, in the 2 24 case of a new certificate, to the county treasurer where the 2 25 certificate will be issued, of an application for certificate 2 26 of title which lists the security interest, or an application 2 27 for notation of security interest signed by the owner, or by 2 28 one owner of a vehicle owned jointly by more than one person, 2 29 or a certificate of title from another jurisdiction which 2 30 shows the security interest, and a fee offiveten dollars for 2 31 each security interest shown. Up to three security interests 2 32 may be perfected against a vehicle and shown on an Iowa 2 33 certificate of title. If the owner or secured party is in 2 34 possession of the certificate of title, it must also be 2 35 delivered at this time in order to perfect the security 3 1 interest. If a vehicle is subject to a security interest when 3 2 brought into this state, the validity of the security interest 3 3 and the date of perfection is determined by section 554.9303. 3 4 Delivery as provided in this subsection is an indication of a 3 5 security interest on a certificate of title for purposes of 3 6 chapter 554. 3 7 Sec. 4. Section 321.134, subsection 1, Code 2003, is 3 8 amended to read as follows: 3 9 1. On the first day of the second month following the 3 10 beginning of each registration year a penalty of five percent 3 11 of the annual registration fee shall be added to the 3 12 registration fees not paid by that date and an additional 3 13 penalty of five percent shall be added the first day of each 3 14 succeeding month, until the fee is paid. A penalty shall not 3 15 be less than five dollars. If the owner of a vehicle 3 16 surrenders the registration plates for a vehicle prior to the 3 17 plates becoming delinquent, to the county treasurer of the 3 18 county where the vehicle is registered, or to the department 3 19 if the vehicle is registered under chapter 326, the owner may 3 20 register the vehicle any time thereafter upon payment of the 3 21 registration fee for the registration year without penalty. 3 22 The penalty on vehicles registered under chapter 326 shall 3 23 accrue February 1 of each year. To avoid a penalty or an 3 24 additional penalty in the case of a delinquent registration, 3 25 if the last calendar day of a month falls on Saturday, Sunday, 3 26 or a holiday, the payment deadline is extended to include the 3 27 first business day of the following month. For payments made 3 28 through a county treasurer's authorized website only, if the 3 29 last day of the month falls on a Saturday, Sunday, or a 3 30 holiday, the electronic payment must be initiated by midnight 3 31 on the first business day of the next month.However, anAll 3 32 other electronicpaymentpayments must be initiated by 3 33 midnight on the last day of the month preceding the delinquent 3 34 date. 3 35 Sec. 5. Section 331.552, Code Supplement 2003, is amended 4 1 by adding the following new subsection: 4 2 NEW SUBSECTION. 35. Destroy special assessment records 4 3 required by section 445.11 within the county system after ten 4 4 years have elapsed from the end of the fiscal year in which 4 5 the special assessment was paid in full. The county treasurer 4 6 shall also destroy the resolution of necessity, plat, and 4 7 schedule of assessments required by section 384.51 after ten 4 8 years have elapsed from the end of the fiscal year in which 4 9 the entire schedule was paid in full. 4 10 Sec. 6. Section 331.553, subsection 4, Code Supplement 4 11 2003, is amended to read as follows: 4 12 4. Charge five dollars, as an administrative expense, for 4 13 every rate, charge, rental, or special assessment certified as 4 14 a lien to the treasurer for collection. This amount shall be 4 15 added to the amount of the lien, collected at the time of 4 16 payment from the payor, and credited to the county general 4 17 fund. If the amount of the lien is paid in annual 4 18 installments, an administrative expense charge shall be added 4 19 to each annual installment. 4 20 Sec. 7. Section 445.37, unnumbered paragraph 4, Code 2003, 4 21 is amended to read as follows: 4 22 To avoid interest on current or delinquent taxes,anfor 4 23 payments made through a county treasurer's authorized website 4 24 only, if the last day of the month falls on a Saturday, 4 25 Sunday, or a holiday, the electronic payment must be initiated 4 26 by midnight on the first business day of the next month. All 4 27 other electronicpaymentpayments must be initiated by 4 28 midnight on the last day of the month preceding the delinquent 4 29 date. 4 30 Sec. 8. Section 446.16, subsection 2, Code 2003, is 4 31 amended to read as follows: 4 32 2. The treasurer may establish and collect a reasonable 4 33 registration fee from eachpurchaserregistered bidder at the 4 34 tax sale. The fee shall not be assessed against a county or 4 35 municipalityas a purchaser. The total of the fees collected 5 1 shall not exceed the total costs of the tax sale. 5 2 Registration fees collected shall be deposited in the general 5 3 fund of the county. 5 4 Sec. 9. Section 555C.3, Code 2003, is amended to read as 5 5 follows: 5 6 555C.3 NEW TITLE – THIRD PARTY. 5 7 If a new title to a valueless home is to be issued to a 5 8 third party, the county treasurer shall issue a new title, 5 9 upon receipt of the affidavit required in section 555C.2, a5 10new title uponand payment of a feeequal to the fee specified5 11in section 321.42 for replacement certificates of title for5 12vehiclespursuant to section 321.47. Any tax lien levied 5 13 pursuant to chapter 435 is canceled and the ownership interest 5 14 of the previous owner or occupant of the valueless home is 5 15 terminated as of the date of issuance of the new title. The 5 16 new title owner shall take the title free of all rights and 5 17 interests even though the manufactured home community or 5 18 mobile home park owner fails to comply with the requirements 5 19 of this chapter or any judicial proceedings, if the new title 5 20 owner acts in good faith. 5 21 5 22 5 23 5 24 JEFFREY M. LAMBERTI 5 25 President of the Senate 5 26 5 27 5 28 5 29 CHRISTOPHER C. RANTS 5 30 Speaker of the House 5 31 5 32 I hereby certify that this bill originated in the Senate and 5 33 is known as Senate File 2289, Eightieth General Assembly. 5 34 5 35 6 1 6 2 MICHAEL E. MARSHALL 6 3 Secretary of the Senate 6 4 Approved , 2004 6 5 6 6 6 7 6 8 THOMAS J. VILSACK 6 9 Governor
Text: SF02288 Text: SF02290 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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