Senate File 2144 - Introduced SENATE FILE 2144 BY HOGG A BILL FOR An Act relating to the vehicle registration duties of county 1 treasurers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5885XS (4) 87 ns/jh
S.F. 2144 Section 1. Section 321.40, subsection 8, Code 2018, is 1 amended to read as follows: 2 8. a. The county treasurer shall refuse to renew the 3 registration of a vehicle registered to an applicant if the 4 county treasurer knows that the applicant has one or more 5 uncontested, delinquent parking fines for tickets issued 6 pursuant to section 321.236, subsection 1 , paragraph “b” , owing 7 to the county, or owing to a city with which the county has 8 an agreement authorized under section 331.553 . However, a 9 county treasurer may renew the registration if the treasurer 10 determines that an error was made by the county or city in 11 identifying the vehicle involved in the parking violation or 12 if the citation has been dismissed as against the owner of the 13 vehicle pursuant to section 321.484 . This subsection does not 14 apply to the transfer of a registration or the issuance of a 15 new registration. Notwithstanding section 28E.10 , a county 16 treasurer may utilize the department’s vehicle registration and 17 titling system distributed teleprocessing network to facilitate 18 the purposes of this subsection . 19 b. The county treasurer of the county in which a person’s 20 vehicle is registered may collect from an applicant delinquent 21 parking fines owed to a city with which the county has an 22 agreement authorized under section 331.553, or owed to 23 the county. The applicant may remit full payment for such 24 delinquent parking fines, along with a processing fee of five 25 dollars, to the county treasurer at the time of registration 26 renewal. Upon full payment of the required delinquent parking 27 fines, processing fee, and vehicle registration fee, the county 28 treasurer shall issue the registration to the applicant. A 29 county treasurer collecting on behalf of the county or a city 30 shall update the vehicle registration records through the 31 distributed teleprocessing network on a daily basis for all 32 persons who have paid delinquent parking fines pursuant to 33 this paragraph. A county treasurer shall forward all funds 34 collected for the city to the city and all funds collected for 35 -1- LSB 5885XS (4) 87 ns/jh 1/ 5
S.F. 2144 the county to the county. 1 Sec. 2. Section 321.40, subsection 10, Code 2018, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. The county treasurer of the county 4 in which the person’s vehicle is registered, in cooperation 5 with the clerk of the district court, county attorney, or 6 county attorney’s designee, may collect delinquent court debt 7 owed to the clerk of the district court and being collected 8 by the clerk, the county attorney, or the county attorney’s 9 designee from a person applying for renewal of a vehicle 10 registration. The applicant may remit full payment of the 11 delinquent court debt, along with a processing fee of five 12 dollars, to the county treasurer at the time of registration 13 renewal. Upon full payment of the required delinquent court 14 debt, processing fee, and vehicle registration fee, the county 15 treasurer shall issue the registration to the person. A county 16 treasurer collecting on behalf of the clerk of the district 17 court, county attorney, or county attorney’s designee, shall 18 update the vehicle registration records through the distributed 19 teleprocessing network on a daily basis for all persons who 20 have paid delinquent court debt pursuant to this paragraph. 21 A county treasurer shall forward all funds collected for 22 the clerk of the district court, county attorney, or county 23 attorney’s designee, to the clerk of the district court. The 24 funds forwarded to the clerk of the district court shall be 25 distributed pursuant to section 602.8107 as if the delinquent 26 court debt had been collected by the clerk of the district 27 court, county attorney, or county attorney’s designee, as 28 applicable. 29 Sec. 3. Section 321.46, subsection 5, Code 2018, is amended 30 to read as follows: 31 5. The seller or transferor may file an affidavit on 32 forms prescribed and provided by the department with the 33 county treasurer of the county where the vehicle is registered 34 certifying the sale or transfer of ownership of the vehicle and 35 -2- LSB 5885XS (4) 87 ns/jh 2/ 5
S.F. 2144 the assignment and delivery of the certificate of title for the 1 vehicle. Upon receipt of the affidavit, the county treasurer 2 shall file the affidavit with the copy of the registration 3 receipt for the vehicle on file in the treasurer’s office and 4 on that day the treasurer shall note receipt of the affidavit 5 in the vehicle registration and titling system distributed 6 teleprocessing network . Upon filing the affidavit, it shall 7 be presumed that the seller or transferor has assigned and 8 delivered the certificate of title for the vehicle. For a 9 leased vehicle, the lessor licensed pursuant to chapter 321F or 10 the lessee may file an affidavit as provided in this subsection 11 certifying that the lease has expired or been terminated and 12 the date that the leased vehicle was surrendered to the lessor. 13 Sec. 4. Section 321.152, subsection 3, Code 2018, is amended 14 to read as follows: 15 3. The five dollar processing fee charged by a county 16 treasurer for collection of tax debt owed to the department 17 of revenue pursuant to section 321.40, subsection 6 , for 18 collection of delinquent parking fines owed to a city or the 19 county pursuant to section 321.40, subsection 8, and for 20 collection of delinquent court debt pursuant to section 321.40, 21 subsection 10, shall be retained for deposit in the county 22 general fund. 23 Sec. 5. Section 321.236, subsection 1, paragraph e, Code 24 2018, is amended by striking the paragraph. 25 Sec. 6. Section 331.553, subsection 8, Code 2018, is amended 26 to read as follows: 27 8. a. Pursuant to an agreement under chapter 28E , collect 28 delinquent parking fines on behalf of a city in conjunction 29 with renewal of motor vehicle registrations pursuant to section 30 321.40 . If the agreement provides for a fee to be paid to or 31 retained by the county treasurer from the collection of parking 32 fines, such fees shall be credited to the county general fund. 33 Fines collected pursuant to this subsection shall be remitted 34 biannually to the city. 35 -3- LSB 5885XS (4) 87 ns/jh 3/ 5
S.F. 2144 b. Pursuant to a resolution adopted by the board of 1 supervisors for that county, collect delinquent parking fines 2 on behalf of the county in conjunction with renewal of motor 3 vehicle registrations pursuant to section 321.40. 4 c. Notwithstanding section 28E.10 , a county treasurer 5 may utilize the state department of transportation’s vehicle 6 registration and titling system distributed teleprocessing 7 network to facilitate the purposes of this subsection . 8 Sec. 7. Section 364.2, subsection 5, Code 2018, is amended 9 to read as follows: 10 5. If provided by ordinance, a city may enter into a chapter 11 28E agreement for the collection of delinquent parking fines 12 by a county treasurer pursuant to section 321.40 at the time a 13 person applies for renewal of a motor vehicle registration, for 14 violations that have not been appealed or for which appeal has 15 been denied. The city may pay the county treasurer may collect 16 and retain a reasonable five dollar processing fee for deposit 17 in the county general fund for the collection of such fines , or 18 may allow the county treasurer to retain a portion of the fines 19 collected, as provided in the agreement . 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the vehicle registration duties of 24 county treasurers. 25 The bill provides that a county treasurer may collect 26 delinquent parking fines from a vehicle registration applicant 27 on behalf of the county or certain cities. The bill requires 28 the applicant to remit full payment for the delinquent parking 29 fines, along with a $5 processing fee and the renewal fee, 30 to the county treasurer at the time of registration renewal. 31 A county treasurer collecting on behalf of the county or a 32 city is required to update the vehicle registration records 33 through the state department of transportation’s distributed 34 teleprocessing network, on a daily basis, for all persons who 35 -4- LSB 5885XS (4) 87 ns/jh 4/ 5
S.F. 2144 have paid delinquent parking fines in this manner. The bill 1 also makes corresponding changes. 2 The bill strikes language related to payment of computer 3 programming costs incurred by the department of transportation 4 to accommodate the collection of delinquent parking fines on 5 behalf of cities through Code chapter 28E agreements between 6 counties and cities and replaces that payment with a $5 fee 7 that the county treasurer may collect for the collection of 8 such fines. 9 The bill further provides that a county treasurer may 10 cooperate with the clerk of the district court, county 11 attorney, or county attorney’s designee, to collect delinquent 12 court debt owed to the clerk and being collected by the clerk, 13 the county attorney, or the county attorney’s designee. The 14 bill provides that a county treasurer may lift a hold on 15 vehicle registration if an applicant remits full payment for 16 the applicant’s delinquent court debt. The county treasurer 17 may also collect a $5 fee for the collection of such court debt 18 for deposit in the county general fund. The bill provides that 19 the funds forwarded to the clerk of the district court shall 20 be distributed pursuant to Code section 602.8107 as if the 21 delinquent court debt had been collected by the clerk of the 22 district court, county attorney, or county attorney’s designee, 23 as applicable. 24 -5- LSB 5885XS (4) 87 ns/jh 5/ 5