House Amendment 1353


PAG LIN




     1  1    Amend House File 582 as follows:
     1  2 #1.  Page 1, by inserting before line 1 the
     1  3 following:
     1  4    <Section 1.  Section 321.40, Code 2007, is amended
     1  5 to read as follows:
     1  6    321.40  APPLICATION FOR RENEWAL == NOTIFICATION ==
     1  7 REASONS FOR REFUSAL.
     1  8    1.  Application for renewal of a vehicle
     1  9 registration shall be made on or after the first day
     1 10 of the month prior to the month of expiration of
     1 11 registration and up to and including the last day of
     1 12 the month following the month of expiration of
     1 13 registration.  The registration shall be renewed upon
     1 14 payment of the appropriate registration fee.
     1 15 Application for renewal for a vehicle registered under
     1 16 chapter 326 shall be made on or after the first day of
     1 17 the month of expiration of registration and up to and
     1 18 including the last day of the month following the
     1 19 month of expiration of registration.
     1 20    2.  On or before the fifteenth day of the eleventh
     1 21 month of a vehicle's registration year, the department
     1 22 shall create an electronic file and the county
     1 23 treasurer shall send a statement of fees due to the
     1 24 appropriate owner of record.  After the department has
     1 25 generated the electronic file used to produce
     1 26 statements for a registration month, and before the
     1 27 fifteenth day of the month following expiration of a
     1 28 vehicle's registration year, the department shall
     1 29 create a subsequent electronic file and the county
     1 30 treasurer shall send a statement of fees due to the
     1 31 appropriate owner of record for any vehicle
     1 32 subsequently registered for that registration month.
     1 33 The statement shall be mailed or electronically
     1 34 transmitted to the most current address of record,
     1 35 showing information sufficient to identify the vehicle
     1 36 and a listing of the various fees as appropriate.
     1 37 Failure to receive a statement shall have no effect
     1 38 upon the accrual of penalty at the appropriate date.
     1 39    3.  Registration receipts issued for renewals shall
     1 40 have the word "renewal" imprinted thereon and, if the
     1 41 owner making a renewal application has been issued a
     1 42 certificate of title, the title number shall appear on
     1 43 the registration receipt.  All registration receipts
     1 44 for renewals shall be typewritten or printed by other
     1 45 mechanical means.  The applicant shall receive a
     1 46 registration receipt.
     1 47    4.  The county treasurer shall refuse to renew the
     1 48 registration of a vehicle registered to a person when
     1 49 notified by the department through the distributed
     1 50 teleprocessing network that the person has not paid
     2  1 restitution as defined under section 910.1, subsection
     2  2 4, to a clerk of the court located within the state.
     2  3 Each clerk of court shall, on a daily basis, notify
     2  4 the department through the Iowa court information
     2  5 system of the full name and social security number of
     2  6 all persons who owe delinquent restitution and whose
     2  7 restitution obligation has been satisfied or canceled.
     2  8 This paragraph subsection does not apply to the
     2  9 transfer of a registration or the issuance of a new
     2 10 registration.
     2 11    5.  The county treasurer shall refuse to renew the
     2 12 registration of a vehicle registered to the applicant
     2 13 for renewal of registration if the applicant has
     2 14 failed to pay any local vehicle taxes due in that
     2 15 county on that vehicle or any other vehicle owned or
     2 16 previously owned by the applicant until such local
     2 17 vehicle taxes are paid.
     2 18    6.  The county treasurer shall refuse to renew the
     2 19 registration of a vehicle registered to the applicant
     2 20 if the county treasurer knows that the applicant has a
     2 21 delinquent account, charge, fee, loan, taxes, or other
     2 22 indebtedness owed to or being collected by the state,
     2 23 from information provided pursuant to sections 8A.504
     2 24 and 421.17.  An applicant may contest this action by
     2 25 requesting a contested case proceeding from the agency
     2 26 that referred the debt for collection pursuant to
     2 27 section 8A.504.
     2 28    7.  The county treasurer may refuse to renew the
     2 29 registration of a vehicle registered to the applicant
     2 30 if the county treasurer knows, from information
     2 31 provided through the county system, that the person
     2 32 owns a mobile home or manufactured home with
     2 33 delinquent tax owed to a county pursuant to chapter
     2 34 435.
     2 35    If the county treasurer refuses to renew the
     2 36 applicant's registration, the county treasurer of the
     2 37 county where renewal of registration is applied for
     2 38 shall collect the delinquent tax for the county where
     2 39 the mobile home or manufactured home is located.  Upon
     2 40 payment of the required amount for the delinquent tax
     2 41 including applicable fees and penalties, an
     2 42 administrative fee as provided in section 331.557,
     2 43 subsection 3A, and the registration fee, the county
     2 44 treasurer shall issue the registration to the person.
     2 45 The county treasurer shall cancel the registration
     2 46 restriction for the person for each mobile or
     2 47 manufactured home parcel sold at tax sale pursuant to
     2 48 chapter 446, except for those mobile or manufactured
     2 49 home parcels sold at tax sale pursuant to section
     2 50 446.18.  The county treasurer shall cancel the
     3  1 registration restriction for the person for each tax
     3  2 sale certificate of title issued pursuant to section
     3  3 435.25.  The county treasurer to whom the delinquent
     3  4 taxes are paid shall update vehicle records to remove
     3  5 registration restrictions that have been satisfied or
     3  6 canceled by the county treasurer.
     3  7    8.  In addition to all other remedies and
     3  8 proceedings provided by law for the collection of
     3  9 taxes, the county treasurer may refuse to renew the
     3 10 registration of a vehicle registered to the applicant
     3 11 if the county treasurer knows, from information
     3 12 provided through the county system, that the person is
     3 13 the owner of record of a building or improvement with
     3 14 delinquent tax owed to a county and the owner of the
     3 15 building or improvement is a person other than the
     3 16 owner of the land on which the building or improvement
     3 17 is located.
     3 18    If the county treasurer refuses to renew the
     3 19 applicant's registration, the county treasurer of the
     3 20 county where renewal of registration is applied for
     3 21 shall collect the delinquent tax for the county where
     3 22 the building or improvement is located.  Upon payment
     3 23 of the required amount for the delinquent tax
     3 24 including applicable fees and penalties, an
     3 25 administrative fee as provided in section 331.557,
     3 26 subsection 3A, and the registration fee, the county
     3 27 treasurer shall issue the registration to the person.
     3 28 The county treasurer to whom the delinquent taxes are
     3 29 paid shall update vehicle records to remove
     3 30 registration restrictions that have been satisfied or
     3 31 canceled by the county treasurer.
     3 32    9.  When application is made for the renewal of a
     3 33 motor vehicle registration on or after December 1,
     3 34 1982, the person in whose name the registration is
     3 35 recorded shall notify the county treasurer of the type
     3 36 of fuel used by the vehicle if the type of fuel used
     3 37 is different from that which is shown on the
     3 38 registration receipt.  If a motor vehicle registration
     3 39 indicates that the vehicle uses or may use a special
     3 40 fuel as defined in chapter 452A the county treasurer
     3 41 shall issue a special fuel user identification
     3 42 sticker.  The person who owns or controls the vehicle
     3 43 shall affix the sticker in a prominent place on the
     3 44 vehicle adjacent to the place where the special fuel
     3 45 is delivered into the motor vehicle fuel supply tank.>
     3 46 #2.  Page 1, by inserting after line 28 the
     3 47 following:
     3 48    <Sec.    .  Section 331.557, Code 2007, is amended
     3 49 by adding the following new subsection:
     3 50    NEW SUBSECTION.  3A.  Charge an administrative fee
     4  1 for taxes collected by the treasurer from a person
     4  2 applying for renewal of a vehicle registration
     4  3 pursuant to section 321.40, subsections 7 and 8.  This
     4  4 amount shall be added to the total amount due,
     4  5 collected at the time of payment from the payor, and
     4  6 credited to the county general fund.>
     4  7 #3.  Title page, line 1, by inserting after the
     4  8 words <relating to> the following:  <registration of
     4  9 and certificates of title for certain vehicles,
     4 10 including>.
     4 11 #4.  Title page, line 2, by inserting after the
     4 12 word <vessel> the following:  <and the collection of
     4 13 certain delinquent property taxes in conjunction with
     4 14 the registration of a motor vehicle>.
     4 15 #5.  By renumbering as necessary.
     4 16
     4 17
     4 18                               
     4 19 HUSER of Polk
     4 20 HF 582.201 82
     4 21 dea/es/7519

                              -1-