Senate Study Bill 1238





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            TRANSPORTATION BILL BY
                                            CO=CHAIRPERSONS McCOY AND
                                            PUTNEY)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the local regulation of motor vehicles,
  2    including the renewal of motor vehicle registrations by county
  3    treasurers and the collection of delinquent parking fines owed
  4    to a city or county.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2682XC 81
  7 dea/pj/5

PAG LIN



  1  1    Section 1.  Section 321.40, Code 2005, is amended by adding
  1  2 the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  The county treasurer shall
  1  4 refuse to renew the registration of a vehicle registered to an
  1  5 applicant if the county treasurer knows that the applicant has
  1  6 one or more uncontested, delinquent parking tickets owing to
  1  7 the county, or owing to a city with which the county has an
  1  8 agreement authorized under section 331.553.  However, a county
  1  9 treasurer may renew the registration if the treasurer
  1 10 determines that an error was made by the county or city in
  1 11 identifying the vehicle involved in the parking violation.
  1 12 This paragraph does not apply to the transfer of a
  1 13 registration or the issuance of a new registration.
  1 14 Notwithstanding section 28E.10, a county treasurer may utilize
  1 15 the department's vehicle registration and titling system to
  1 16 facilitate the purposes of this paragraph.
  1 17    Sec. 2.  Section 321.236, subsection 1, paragraph a, Code
  1 18 2005, is amended to read as follows:
  1 19    a.  May be charged and collected upon a simple notice of a
  1 20 fine payable to the city clerk or clerk of the district court,
  1 21 if authorized by ordinance.  The fine for each violation
  1 22 charged under a simple notice of a fine shall be established
  1 23 by ordinance.  The fine may be increased by five dollars if
  1 24 the parking violation is not paid within thirty days of the
  1 25 date upon which the violation occurred, if authorized by
  1 26 ordinance.  Violations of section 321L.4, subsection 2, may be
  1 27 charged and collected upon a simple notice of a one hundred
  1 28 dollar fine payable to the city clerk or clerk of the district
  1 29 court, if authorized by ordinance.  No costs or other charges
  1 30 shall be assessed.  All fines collected by a city pursuant to
  1 31 this paragraph shall be retained by the city and all fines
  1 32 collected by a county pursuant to this paragraph shall be
  1 33 retained by the county, except as provided by an agreement
  1 34 between a city and a county treasurer for the collection of
  1 35 fines pursuant to section 331.553, subsection 7.
  2  1    Sec. 3.  Section 321.236, subsection 1, Code 2005, is
  2  2 amended by adding the following new paragraph:
  2  3    NEW PARAGRAPH.  d.  If the local authority regulating the
  2  4 standing or parking of vehicles under this subsection is a
  2  5 county or is a city which has an agreement with a county
  2  6 treasurer by which the renewal of registration of a vehicle
  2  7 shall be refused for uncontested and unpaid parking fines
  2  8 under section 321.40, the simple notice of a fine under
  2  9 paragraph "a" shall contain the following statement:
  2 10    "FAILURE TO PAY PARKING FINES OWED BY YOU CAN BE GROUNDS
  2 11 FOR REFUSING TO RENEW YOUR MOTOR VEHICLE'S REGISTRATION."
  2 12    This paragraph "d" does not invalidate forms for notice of
  2 13 parking violations in existence prior to July 1, 2006.
  2 14 Existing forms may be used until supplies are exhausted.
  2 15    Sec. 4.  Section 331.553, Code 2005, is amended by adding
  2 16 the following new subsection:
  2 17    NEW SUBSECTION.  7.  Enter into an agreement under chapter
  2 18 28E for the collection of delinquent parking fines on behalf
  2 19 of a city in conjunction with renewal of motor vehicle
  2 20 registrations.  If the agreement provides for a fee to be paid
  2 21 to or retained by the county treasurer from the collection of
  2 22 parking fines, such fees shall be credited to the county
  2 23 general fund.  Fines collected pursuant to this subsection
  2 24 shall be remitted biannually to the city.  Notwithstanding
  2 25 section 28E.10, a county treasurer may utilize the state
  2 26 department of transportation's vehicle registration and
  2 27 titling system to facilitate the purposes of this subsection.
  2 28    Sec. 5.  Section 364.2, Code 2005, is amended by adding the
  2 29 following new subsection:
  2 30    NEW SUBSECTION.  5.  If provided by ordinance, a city may
  2 31 enter into an agreement under chapter 28E with a county
  2 32 treasurer for the collection of delinquent parking fines at
  2 33 the time a person applies for renewal of a motor vehicle
  2 34 registration, for violations that have not been appealed or
  2 35 for which appeal has been denied.  The city may pay the
  3  1 treasurer a reasonable fee for the collection of such fines,
  3  2 or may allow the county treasurer to retain a portion of the
  3  3 fines collected, as provided in the agreement.
  3  4    Sec. 6.  EFFECTIVE DATE.  This Act takes effect July 1,
  3  5 2006.
  3  6                           EXPLANATION
  3  7    This bill authorizes county treasurers to enter into
  3  8 agreements with cities to collect delinquent parking fines at
  3  9 the time a person renews a motor vehicle registration.  If
  3 10 allowed by city ordinance, a city may pay the county treasurer
  3 11 a reasonable fee or allow the treasurer to retain a portion of
  3 12 the fines collected on behalf of the city.  The bill
  3 13 authorizes a county treasurer to refuse to renew the vehicle
  3 14 registration of a person owing delinquent parking fines to the
  3 15 county or to a city with which the county has an agreement.
  3 16 However, delinquent parking fines could not prevent the
  3 17 issuance of new registrations or transfers of registration.
  3 18 The bill specifies that county treasurers may utilize the
  3 19 state's registration and titling system, which is currently
  3 20 used by county treasurers to perform duties relating to motor
  3 21 vehicle registrations, to facilitate the collection of parking
  3 22 fines.  A parking fine which is under appeal would not be
  3 23 collectible by the county treasurer.  In addition, a county
  3 24 treasurer could renew a registration if it is apparent that an
  3 25 error was made by the county or city in identifying a vehicle
  3 26 involved in a parking violation.
  3 27 LSB 2682XC 81
  3 28 dea:nh/pj/5