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House Journal: Page 1612: Monday, April 28, 1997

We, the undersigned members of the conference committee
appointed to resolve the differences between the House of
Representatives and the Senate on House File 612, a bill for An
Act relating to child support recovery, providing penalties, and
providing effective dates, respectfully make the following
report:
1.  That the House recedes from its amendment, S-3708.
2.  That the Senate recedes from its amendment, H-1795.
3.  That House File 612, as amended, passed, and reprinted by
the House, is amended as follows:
1.  By striking page 26, line 27, through page 27, line 7, and
inserting the following:  "amended by striking the subsection."
2.  Page 27, line 30, by inserting after the word "methods."
the following:  "The department shall utilize, to the maximum
extent possible, every available automated process to collect
support payments prior to referral of a case to a private
collection agency."
3.  Page 31, by inserting after line 22 the following:
"Sec. ___.  NEW SECTION.  252B.6A  EXTERNAL SERVICES.
1.  Provided that the action is consistent with applicable
federal law and regulation, an attorney licensed in this state
shall receive compensation as provided in this section for
support collected as the direct result of a judicial proceeding
maintained by the attorney, if all of the following apply to the
case:
a.  The unit is providing services under this chapter.
b.  The current support obligation is terminated and only
arrearages are due under an administrative or court order and
there has been no payment under the order for at least the
twelve-month period prior to the provision of notice to the unit
by the attorney under this section.
c.  Support is assigned to the state based upon cash assistance
paid under chapter 239, or its successor.
d.  The attorney has provided written notice to the central
office of the unit and to the obligee at the last known address
of the obligee of the intent to initiate a specified judicial
proceeding, at least thirty days prior to initiating the
proceeding.
e.  The attorney has provided documentation to the unit that the
attorney is insured against loss caused by the attorney's legal
malpractice or acts or omissions of the attorney which result in
loss to the state or other person.
f.  The collection is received by the collection services center
within ninety days of provision of the notice to the unit.  An
attorney may provide subsequent notices to the unit to extend
the time for receipt of the collection by subsequent ninety-day
periods.
2.  a.  If, prior to February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall not apply to the proceeding
unless the unit consents to the proceeding.
b.  (1)  If, on or after February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall apply to the proceeding only if
the case is exempt from application of rules adopted by the
department pursuant to subparagraph (2) which limit application
of this section.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Thu May 1 10:10:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/01600/01612.html
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