Text: HF00584                           Text: HF00586
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House File 585

Partial Bill History

Bill Text

  1  1    Section 1.  Section 234.39, Code 1999, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5.  If the department makes a subsidized
  1  4 guardianship payment for a child, the payment shall be
  1  5 considered a foster care payment for purposes of child support
  1  6 recovery.  All provisions of this and other sections, and of
  1  7 rules and orders adopted or entered pursuant to those
  1  8 sections, including for the establishment of a paternity or
  1  9 support order, for the amount of a support obligation, for the
  1 10 modification or adjustment of a support obligation, for the
  1 11 assignment of support, and for enforcement shall apply as if
  1 12 the child were receiving foster care services, or were in
  1 13 foster care placement, or as if foster care funds were being
  1 14 expended for the child.  This subsection shall apply
  1 15 regardless of the date of placement in foster care or
  1 16 subsidized guardianship or the date of entry of an order, and
  1 17 foster care and subsidized guardianship shall be considered
  1 18 the same for purposes of child support recovery.
  1 19    Sec. 2.  Section 252B.13A, Code 1999, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  3.  Notwithstanding section 12C.7,
  1 22 subsection 2, the federal share of interest earned on moneys
  1 23 received under this section shall be credited to the
  1 24 department for use by the unit.  For the purposes of this
  1 25 subsection, "federal share of interest" means an amount equal
  1 26 to the loss of federal financial participation to the child
  1 27 support program under Title IV-D of the federal Social
  1 28 Security Act due to treatment of interest as program income
  1 29 under federal law and regulations.
  1 30    Sec. 3.  Section 252D.23, Code 1999, is amended to read as
  1 31 follows:
  1 34    An income withholding order entered by the child support
  1 35 recovery unit pursuant to this chapter shall be filed with the
  2  1 clerk of the district court.  In lieu of any signature on the
  2  2 order which may otherwise be required by law or rule, the
  2  3 order shall have affixed the name and address of the
  2  4 appropriate child support office.  For the purposes of
  2  5 demonstrating compliance by the payor of income, the copy of
  2  6 the withholding order or the notice of the order received,
  2  7 whether or not the copy of the order is file-stamped, shall
  2  8 have all the force, effect, and attributes of a docketed order
  2  9 of the district court including, but not limited to,
  2 10 availability of contempt of court proceedings against a payor
  2 11 of income for noncompliance.  However, any information
  2 12 contained in the income withholding order or the notice of the
  2 13 order related to the amount of the accruing or accrued support
  2 14 obligation which does not reflect the correct amount of
  2 15 support due does not modify the underlying support judgment.
  2 16    Sec. 4.  Section 252I.4, subsection 3, Code 1999, is
  2 17 amended to read as follows:
  2 18    3.  The unit may pay a reasonable fee to a financial
  2 19 institution for conducting the data match required in
  2 20 subsection 2, not to exceed the lower of either one hundred
  2 21 fifty dollars for each quarterly data match or the actual
  2 22 costs incurred by the financial institution for each quarterly
  2 23 data match.  However, the unit may also adopt rules pursuant
  2 24 to chapter 17A to specify a fee amount for each quarterly data
  2 25 match based upon the estimated state share of funds collected
  2 26 under this chapter, which, when adopted, shall be applied in
  2 27 lieu of the one hundred fifty dollar fee under this
  2 28 subsection.  In addition, the unit may pay a reasonable fee to
  2 29 a financial institution for automation programming development
  2 30 performed in order to conduct the data match required in
  2 31 subsection 2, not to exceed the lower of either five hundred
  2 32 dollars or the actual costs incurred by the financial
  2 33 institution.  The unit may use the state share of funds
  2 34 collected under this chapter to pay the fees to financial
  2 35 institutions under this subsection.  For state fiscal years
  3  1 beginning July 1, 1999, and July 1, 2000, the unit may use up
  3  2 to one hundred percent of the state share of such funds.  For
  3  3 state fiscal years beginning on or after July 1, 2001, the
  3  4 unit may use up to fifty percent of the state share of such
  3  5 funds.  Notwithstanding any other provision of law to the
  3  6 contrary, a financial institution shall have until a date
  3  7 provided in the agreement in subsection 2 to submit its claim
  3  8 for a fee under this subsection.  If the unit does not have
  3  9 sufficient funds available under this subsection for payment
  3 10 of fees under this subsection, the cost may be carried forward
  3 11 to a future year.  The unit may also use funds from an amount
  3 12 assessed a child support agency of another state, as defined
  3 13 in section 252H.2, to conduct a data match requested by that
  3 14 child support agency as provided in 42 U.S.C. } 666(a)(14) to
  3 15 pay fees to financial institutions under this subsection.  
  3 16                           EXPLANATION 
  3 17    This bill makes changes in laws relating to child support
  3 18 enforcement.
  3 19    The bill provides that for the purposes of child support
  3 20 recovery, subsidies paid by the department of human services
  3 21 to guardians of children are to be considered the same as
  3 22 foster care payments.  This codifies language that accompanies
  3 23 a proposal in the department's appropriations bill which
  3 24 provides some permanency to children who cannot return to live
  3 25 with their biological parents, but it is also not appropriate
  3 26 to terminate parental rights.  The child is therefore placed
  3 27 with a permanent guardian, rather than in foster care.  The
  3 28 department pays a subsidy to the guardian, and the child
  3 29 support recovery unit continues to collect child support from
  3 30 the parent to reimburse the state as it would if the child
  3 31 were in foster care.
  3 32    The bill provides that the federal share of interest earned
  3 33 on moneys received for child support by the child support
  3 34 recovery unit and deposited in the state treasurer's account
  3 35 is to be credited to the unit rather than credited to the
  4  1 state general fund.
  4  2    The bill also provides that income withholding orders
  4  3 entered by the unit are to include the name and address of the
  4  4 appropriate child support office, in lieu of any signature
  4  5 otherwise required, in order to provide a contact for
  4  6 employers and parents.
  4  7    The bill also specifies the means by which the unit may pay
  4  8 financial institutions for costs associated with data matches,
  4  9 including costs of automation programming development
  4 10 necessary to conduct the data matches.  
  4 11 LSB 1259HV 78
  4 12 pf/gg/8

Text: HF00584                           Text: HF00586
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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