General Assembly: 80 (2004 Regular GA) - Chapter 1092 - Records and fees administered by county treasurer


Published: 2004-04-20

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321 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1092

CH. 1092CH. 1092

CHAPTER 1092

RECORDS AND FEES ADMINISTERED BY COUNTY TREASURER

S.F. 2289

AN ACT relating to various duties of the county treasurer and to certain fees collected by the county treasurer.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 321.23A AFFIDAVIT OF CORRECTION. When information is printed incorrectly on a certificate of title, application for certificate of

title, damage disclosure statement, or other document required for a title transfer or when these documents contain an alteration or erasure, the county treasurermay accept a notarized affidavit of correction. This subsection does not apply to an odometer certification statement. The department shall consult with a representative of the Iowa state county treasurer’s associ- ation and shall promulgate rules and adopt a standard affidavit form or forms to administer this section.

Sec. 2. Section 321.47, unnumbered paragraph 1, Code 2003, is amended to read as fol- lows: If ownership of a vehicle is transferred by operation of law upon inheritance, devise or be-

quest, dissolution decree, order in bankruptcy, insolvency, replevin, foreclosure or execution sale, abandoned vehicle sale, or when the engine of amotor vehicle is replaced by another en- gine, or a vehicle is sold or transferred to satisfy an artisan’s lien as provided in chapter 577, a landlord’s lien as provided in chapter 570, a storage lien as provided in chapter 579, a judg- ment in an action for abandonment of a manufactured or mobile home as provided in chapter 555B, upon presentation of an affidavit relating to the disposition of a valuelessmobile,modu- lar, or manufactured home as provided in chapter 555C, or repossession is had upon default in performance of the terms of a security agreement, the county treasurer in the transferee’s county of residence, upon the surrender of the prior certificate of title or the manufacturer’s or importer’s certificate, or when that is not possible, upon presentation of satisfactory proof to the county treasurer of ownership and right of possession to the vehicle and upon payment of a fee of ten dollars and the presentation of an application for registration and certificate of title, may issue to the applicant a registration card for the vehicle and a certificate of title to the vehicle. A person entitled to ownership of a vehicle under a decree of dissolution shall sur- render a reproduction of a certified copy of the dissolution and upon fulfilling the other re- quirements of this chapter is entitled to a certificate of title and registration receipt issued in the person’s name.

Sec. 3. Section 321.50, subsection 1,CodeSupplement 2003, is amended to read as follows: 1. A security interest in a vehicle subject to registration under the laws of this state or amo-

bile homeormanufactured home, except trailerswhose emptyweight is two thousand pounds or less, and except newor used vehicles held by a dealer ormanufacturer as inventory for sale, is perfected by the delivery to the county treasurer of the county where the certificate of title was issued or, in the case of a new certificate, to the county treasurer where the certificate will be issued, of an application for certificate of titlewhich lists the security interest, or an applica- tion for notation of security interest signed by the owner, or by one owner of a vehicle owned jointly bymore than one person, or a certificate of title from another jurisdiction which shows the security interest, and a fee of five ten dollars for each security interest shown. Up to three security interests may be perfected against a vehicle and shown on an Iowa certificate of title. If the owner or secured party is in possession of the certificate of title, it must also be delivered at this time in order to perfect the security interest. If a vehicle is subject to a security interest when brought into this state, the validity of the security interest and the date of perfection is

322LAWS OF THE EIGHTIETH G.A., 2004 SESSIONCH. 1092

determined by section 554.9303. Delivery as provided in this subsection is an indication of a security interest on a certificate of title for purposes of chapter 554.

Sec. 4. Section 321.134, subsection 1, Code 2003, is amended to read as follows: 1. On the first day of the second month following the beginning of each registration year a

penalty of five percent of the annual registration fee shall be added to the registration fees not paid by that date and an additional penalty of five percent shall be added the first day of each succeedingmonth, until the fee is paid. A penalty shall not be less than five dollars. If the own- er of a vehicle surrenders the registration plates for a vehicle prior to the plates becoming de- linquent, to the county treasurer of the countywhere the vehicle is registered, or to the depart- ment if the vehicle is registered under chapter 326, the ownermay register the vehicle any time thereafter upon payment of the registration fee for the registration year without penalty. The penalty on vehicles registered under chapter 326 shall accrue February 1 of each year. To avoid apenalty or anadditional penalty in the caseof adelinquent registration, if the last calen- dar day of a month falls on Saturday, Sunday, or a holiday, the payment deadline is extended to include the first business day of the followingmonth. For paymentsmade through a county treasurer’s authorized website only, if the last day of the month falls on a Saturday, Sunday, or a holiday, the electronic payment must be initiated by midnight on the first business day of the nextmonth. However, anAll other electronic payment paymentsmust be initiated bymid- night on the last day of the month preceding the delinquent date.

Sec. 5. Section 331.552, Code Supplement 2003, is amended by adding the following new subsection: NEW SUBSECTION. 35. Destroy special assessment records required by section 445.11

within the county system after ten years have elapsed from the end of the fiscal year in which the special assessment was paid in full. The county treasurer shall also destroy the resolution of necessity, plat, and schedule of assessments required by section 384.51 after ten years have elapsed from the end of the fiscal year in which the entire schedule was paid in full.

Sec. 6. Section 331.553, subsection 4, Code Supplement 2003, is amended to read as fol- lows: 4. Charge five dollars, as an administrative expense, for every rate, charge, rental, or special

assessment certified as a lien to the treasurer for collection. This amount shall be added to the amount of the lien, collected at the time of payment from the payor, and credited to the county general fund. If the amount of the lien is paid in annual installments, an administrative ex- pense charge shall be added to each annual installment.

Sec. 7. Section 445.37, unnumbered paragraph 4, Code 2003, is amended to read as fol- lows: To avoid interest on current or delinquent taxes, an for payments made through a county

treasurer’s authorized website only, if the last day of the month falls on a Saturday, Sunday, or a holiday, the electronic payment must be initiated by midnight on the first business day of the next month. All other electronic payment payments must be initiated by midnight on the last day of the month preceding the delinquent date.

Sec. 8. Section 446.16, subsection 2, Code 2003, is amended to read as follows: 2. The treasurermayestablish andcollect a reasonable registration fee fromeachpurchaser

registered bidder at the tax sale. The fee shall not be assessed against a county ormunicipality as a purchaser. The total of the fees collected shall not exceed the total costs of the tax sale. Registration fees collected shall be deposited in the general fund of the county.

Sec. 9. Section 555C.3, Code 2003, is amended to read as follows: 555C.3 NEW TITLE — THIRD PARTY. If a new title to a valueless home is to be issued to a third party, the county treasurer shall

issue a new title, upon receipt of the affidavit required in section 555C.2, a new title upon and

323 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1093

payment of a fee equal to the fee specified in section 321.42 for replacement certificates of title for vehicles pursuant to section 321.47. Any tax lien levied pursuant to chapter 435 is canceled and the ownership interest of the previous owner or occupant of the valueless home is termi- nated as of the date of issuance of the new title. The new title owner shall take the title free of all rights and interests even though the manufactured home community or mobile home park owner fails to comply with the requirements of this chapter or any judicial proceedings, if the new title owner acts in good faith.

Approved April 20, 2004

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CH. 1093CH. 1093

CHAPTER 1093

CIVIL ACTIONS — APPEAL BONDS

S.F. 2306

ANACT relating to civil action appeal bonds and includingmonetary limits, and including an effective and applicability date provision.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 625A.9, subsection 2, Code Supplement 2003, is amended to read as fol- lows:1

2. a. If Except as provided in paragraph “b”, if the judgment or order appealed from is for money, such bond shall not exceed one hundred ten percent of the amount of themoney judg- ment. The court may set a bond in an amount in excess of one hundred ten percent of the amount

of themoney judgment uponmaking specific findings justifying such an amount, and in doing so, shall consider, but shall not be limited to consideration of, the following criteria: (1) The availability and cost of the bond or other form of adequate security. (2) The assets of the judgment debtor and of the judgment debtor’s insurer or indemnitor,

if any. (3) The potential adverse effects of the bond on the judgment debtor, including, but not lim-

ited to, the potential adverse effects on the judgment debtor’s employees, financial stability, and business operations. (4) The potential adverse effects of the bond on the judgment creditor and third parties, in-

cluding public entities. (5) In a class action suit, the adequacy of the bond to compensate all members of the class. b. Notwithstanding paragraph “a”, in no case shall a bond exceed one hundred million dol-

lars, regardless of the value of the money judgment. This limitation shall not apply in cases where the court finds that the defendant intentionally dissipated the defendant’s assets out- side the ordinary course of business for the purpose of evading payment of the judgment.

Sec. 2. EFFECTIVE ANDAPPLICABILITY DATES. This Act, being deemed of immediate importance, takes effect upon enactment and applies to cases pending and filed on or after the effective date of this Act.2

Approved April 20, 2004

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1 See 2004 Iowa Acts, First Extraordinary Session, chapter 1001, §7, 8 herein 2 See 2004 Iowa Acts, First Extraordinary Session, chapter 1001, §7, 8 herein