Senate File 293 - Introduced SENATE FILE 293 BY GREEN A BILL FOR An Act relating to the collection of delinquent judgments 1 owed to a county or city, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1393XS (4) 90 js/ns

S.F. 293 Section 1. Section 8A.504, subsection 1, paragraph d, Code 1 2023, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) Any judgment debt owed to a county or 3 city arising from a county or city infraction. 4 Sec. 2. Section 331.307, subsection 6, Code 2023, is amended 5 to read as follows: 6 6. a. Notwithstanding section 602.8106, subsection 3 , 7 penalties or forfeitures collected by the court for county 8 infractions shall be remitted to the county in the same manner 9 as fines and forfeitures are remitted to cities for criminal 10 violations under section 602.8106 . If the person named in 11 the citation is served as provided in this section and fails 12 without good cause to appear in response to the civil citation, 13 judgment shall be entered against the person cited. 14 b. Judgment debt owing to a county is deemed delinquent 15 if it is not paid within thirty days after the date it is 16 assessed. An amount that was ordered by the court to be paid 17 on a date fixed in the future is deemed delinquent if it is not 18 received by the clerk of court within thirty days after the 19 fixed date set out in the court order. If an amount was ordered 20 to be paid in installments and an installment is not received 21 within thirty days after the date it is due, the entire amount 22 of the judgment debt is deemed delinquent. 23 c. The county attorney or the county attorney’s designee 24 may collect judgment debt that has not been paid sixty days 25 after the judgment debt has been deemed delinquent pursuant to 26 paragraph “b” . 27 d. In addition to paragraph “c” , a county may establish a 28 debt collection setoff procedure for purposes of collecting 29 delinquent judgment debt. 30 Sec. 3. Section 364.22B, subsection 3, paragraph a, Code 31 2023, is amended to read as follows: 32 a. A city may contract with a private collection designee 33 or the county attorney of the county in which a majority of 34 the city’s residents reside for the collection of a judgment 35 -1- LSB 1393XS (4) 90 js/ns 1/ 3

S.F. 293 debt sixty days after the judgment debt in a case is deemed 1 delinquent pursuant to subsection 2 . 2 Sec. 4. Section 364.22B, subsection 3, Code 2023, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . c. In addition to paragraphs “a” and “b” , 5 a city may establish a debt collection setoff procedure for 6 purposes of collecting delinquent judgment debt. 7 Sec. 5. Section 421.65, subsection 1, paragraph d, as 8 enacted by 2020 Iowa Acts, chapter 1064, section 16, is amended 9 by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (4) Any judgment or debt owed to a county 11 or city arising from a county or city infraction. 12 Sec. 6. CONTINGENT EFFECTIVE DATE. The following takes 13 effect on the effective date of the rules adopted by the 14 department of revenue pursuant to chapter 17A implementing 2020 15 Iowa Acts, chapter 1064, other than transitional rules: 16 The section of this Act amending section 421.65. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the collection of judgment debt owed to 21 a county or city. Under current law, a penalty or forfeiture 22 collected by a court for a county or city infraction is 23 remitted to the respective county or city. A city may contract 24 with a private collection designee for the collection of a 25 judgment debt 60 days after the judgment debt in a case is 26 deemed delinquent. 27 The bill allows a county attorney or the county attorney’s 28 designee to collect judgment debt that has not been paid 60 29 days after the judgment debt has been deemed delinquent. 30 The bill also allows a county or city to establish a debt 31 collection setoff procedure for purposes of collecting 32 delinquent judgment debt. 33 The section of the bill amending Code section 421.65 (setoff 34 procedures —— department of revenue) takes effect on the 35 -2- LSB 1393XS (4) 90 js/ns 2/ 3

S.F. 293 effective date of the rules, other than transitional rules, 1 adopted by the department of revenue pursuant to Code chapter 2 17A implementing 2020 Iowa Acts, chapter 1064. 3 -3- LSB 1393XS (4) 90 js/ns 3/ 3