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