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House Amendment 8509

Amendment Text

PAG LIN
  1  1    Amend Senate File 2313, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 28, by inserting after line 19 the
  1  4 following:
  1  5    "It is also the intent of the general assembly to
  1  6 enhance employment opportunities for families,
  1  7 including those for noncustodial parents, to improve
  1  8 the ability of both parents to support their children.
  1  9 In doing so, the department of human services and the
  1 10 department of workforce development shall cooperate to
  1 11 assist both parents in obtaining and maintaining
  1 12 employment including through the mechanisms provided
  1 13 under the family investment program, the job
  1 14 opportunities and basic skills (JOBS) program, the
  1 15 welfare-to-work program, and the child support
  1 16 recovery program.  
  1 17                       DIVISION XI
  1 18          SATISFACTION OF ACCRUED SUPPORT DEBT
  1 19    Sec. ___.  Section 252B.3, Code Supplement 1997, is
  1 20 amended by adding the following new subsection:
  1 21    NEW SUBSECTION.  5.  On or after July 1, 1999, the
  1 22 department shall implement a program for the
  1 23 satisfaction of accrued support debts, based upon
  1 24 timely payment by the obligor of both current support
  1 25 due and any payments due for accrued support debt
  1 26 under a periodic payment plan.  The unit shall adopt
  1 27 rules pursuant to chapter 17A to establish the
  1 28 criteria and procedures for obtaining satisfaction
  1 29 under the program.  The rules adopted under this
  1 30 subsection shall specify the cases and amounts to
  1 31 which the program is applicable, and may provide for
  1 32 the establishment of the program as a pilot program.
  1 33    Sec. ___.  Section 598.22A, Code Supplement 1997,
  1 34 is amended by adding the following new subsection:
  1 35    NEW SUBSECTION.  4.  Payment of accrued support
  1 36 debt due the department of human services shall be
  1 37 credited pursuant to section 252B.3, subsection 5.  
  1 38                      DIVISION XII
  1 39              ALTERNATIVES TO MEDIAN INCOME
  1 40    Sec. ___.  Section 252B.7A, subsection 1, paragraph
  1 41 d, unnumbered paragraph 1, Code Supplement 1997, is
  1 42 amended to read as follows:
  1 43    By July 1, 1999, the department shall adopt rules
  1 44 for imputing income, whenever possible, based on the
  1 45 earning capacity of a parent who does not provide
  1 46 income information or for whom income information is
  1 47 not available.  Until such time as the department
  1 48 adopts rules establishing a different standard for
  1 49 determining the income of a parent who does not
  1 50 provide income information or for whom income
  2  1 information is not available, the estimated state
  2  2 median income for a one-person family as published
  2  3 annually in the Federal Register for use by the
  2  4 federal office of community services, office of energy
  2  5 assistance, for the subsequent federal fiscal year.  
  2  6                      DIVISION XIII
  2  7           INCOME WITHHOLDING ARREARAGE RATES
  2  8    Sec. ___.  Section 252D.18, subsection 1, Code
  2  9 1997, is amended by adding the following new
  2 10 paragraph:
  2 11    NEW PARAGRAPH.  d.  There has been a change in the
  2 12 rules adopted by the department pursuant to chapter
  2 13 17A regarding the amount of income to be withheld to
  2 14 pay a delinquency.
  2 15    Sec. ___.  INCOME WITHHOLDING RATES.
  2 16    1.  Beginning July 1, 1998, the amount of income
  2 17 withheld for the payment of delinquent support, as
  2 18 determined by the child support recovery unit under
  2 19 chapter 252D, shall be decreased on a prospective
  2 20 basis from the current level of fifty percent of the
  2 21 current child support obligation.
  2 22    2.  The department of human services may adopt
  2 23 rules pursuant to section 17A.4, subsection 2, and
  2 24 section 17A.5, subsection 2, paragraph "b", to
  2 25 implement this section and the rules shall become
  2 26 effective immediately upon filing, unless the
  2 27 effective date is delayed by the administrative rules
  2 28 review committee, notwithstanding section 17A.4,
  2 29 subsection 5, and section 17A.8, subsection 9, or a
  2 30 later effective date is specified in the rules.  Any
  2 31 rules adopted in accordance with this section shall
  2 32 not take effect before the rules are reviewed by the
  2 33 administrative rules review committee.  Any rules
  2 34 adopted in accordance with the provision of this
  2 35 section shall also be published as notice of intended
  2 36 action as provided in section 17A.4.
  2 37    3.  The department of human services may modify the
  2 38 rules adopted under this section regarding the rate of
  2 39 withholding established for payment of delinquent
  2 40 support, based upon the results of implementation of
  2 41 this section including but not limited to the
  2 42 resulting impact on collections.  
  2 43                      DIVISION XIV
  2 44         SATISFACTION OF SUPPORT OWED TO PARENT
  2 45    Sec. ___.  Section 252B.20, subsection 2, paragraph
  2 46 b, Code Supplement 1997, is amended to read as
  2 47 follows:
  2 48    b.  Approve the request and prepare an order which
  2 49 shall be submitted, along with the affidavit, to a
  2 50 judge of a district court for approval, suspending the
  3  1 accruing support obligation and, if requested by the
  3  2 obligor, and if not prohibited by chapter 252K,
  3  3 satisfying the obligation of support due the obligee.
  3  4    Sec. ___.  Section 252B.20, subsections 3, 10, and
  3  5 11, Code Supplement 1997, are amended to read as
  3  6 follows:
  3  7    3.  An order approved by the court for suspension
  3  8 of an accruing support obligation is effective upon
  3  9 the date of filing of the suspension order.  The
  3 10 satisfaction of an obligation of support due the
  3 11 obligee shall be final upon the filing of the
  3 12 suspension order.  A support obligation which is
  3 13 satisfied is not subject to the reinstatement
  3 14 provisions of this section.
  3 15    10.  This section does not provide for the
  3 16 suspension, waiver, satisfaction, or retroactive
  3 17 modification of support obligations which accrued
  3 18 prior to the entry of an order suspending enforcement
  3 19 and collection of support pursuant to this section.
  3 20 However, if in the application for suspension, an
  3 21 obligee elects to satisfy an obligation of accrued
  3 22 support due the obligee, the suspension order may
  3 23 satisfy the obligation of accrued support due the
  3 24 obligee.
  3 25    11.  Nothing in this section shall prohibit or
  3 26 limit the unit or a party entitled to receive support
  3 27 from enforcing and collecting any unpaid or
  3 28 unsatisfied support that accrued prior to the
  3 29 suspension of the accruing obligation.  
  3 30                       DIVISION XV
  3 31              PASS THROUGH OF CHILD SUPPORT
  3 32    Sec. ___.  FEDERAL PERMISSION – PASS THROUGH OF
  3 33 CHILD SUPPORT.
  3 34    1.  The department of human services shall seek
  3 35 permission from the United States department of health
  3 36 and human services for a statewide initiative to pass
  3 37 the full amount of child support collected, on behalf
  3 38 of family investment program participants, through to
  3 39 those families without being required to reimburse the
  3 40 federal government for the federal share of the child
  3 41 support collected.  If the department of human
  3 42 services receives unconditional approval from the
  3 43 United States department of health and human services,
  3 44 the department shall submit an implementation proposal
  3 45 to the general assembly that provides for a net offset
  3 46 in family investment program benefits which is
  3 47 equivalent to the amount of child support passed
  3 48 through to the family.
  3 49    2.  The goals of the initiative shall include all
  3 50 of the following:
  4  1    a.  Encouraging payment of child support by
  4  2 providing a direct connection between the act of
  4  3 paying child support and the receipt of child support
  4  4 by the child.
  4  5    b.  Reinforcing the value of employment for family
  4  6 investment program participants by more clearly
  4  7 identifying the actual level of income necessary to
  4  8 become independent from the receipt of benefits under
  4  9 the family investment program when child support is
  4 10 also being received." 
  4 11 
  4 12 
  4 13                               
  4 14 COMMITTEE ON HUMAN RESOURCES
  4 15 BODDICKER of Cedar, Chairperson 
  4 16 SF 2313.302 77
  4 17 pf/cf/28
     

Text: H08508                            Text: H08510
Text: H08500 - H08599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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