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Senate File 2254

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 2254
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CHILD SUPPORT, IMMUNITY FROM LIABILITY FOR 
  1  5    FINANCIAL INSTITUTIONS RELATING TO DATA MATCHING AND LEVIES
  1  6    AGAINST ACCOUNTS, INCLUDING MEDICAL SUPPORT AND PAYMENT OF 
  1  7    COSTS TO FINANCIAL INSTITUTIONS FOR DATA MATCHING AND 
  1  8    AUTOMATION PROGRAM DEVELOPMENT AND PROVIDING FOR RETROACTIVE
  1  9    APPLICABILITY.  
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13    Section 1.  Section 252E.1, subsection 10, Code 1999, is
  1 14 amended to read as follows:
  1 15    10.  "Order" means a support order entered pursuant to
  1 16 chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
  1 17 other support chapter, or pursuant to a comparable statute of
  1 18 a foreign jurisdiction, or an ex parte order entered pursuant
  1 19 to section 252E.4.  "Order" also includes a notice of such an
  1 20 order issued by the child support recovery unit to an
  1 21 employer.
  1 22    Sec. 2.  Section 252E.2, Code 1999, is amended by adding
  1 23 the following new subsection:
  1 24    NEW SUBSECTION.  4.  A medical support order of a foreign
  1 25 jurisdiction may be entered or filed with the clerk of the
  1 26 district court.  However, entry of such a medical support
  1 27 order under this subsection does not constitute registration
  1 28 of that medical support order.
  1 29    Sec. 3.  Section 252I.4, subsections 3 and 4, Code
  1 30 Supplement 1999, are amended to read as follows:
  1 31    3.  The unit may pay a reasonable fee to a financial
  1 32 institution for conducting the data match required in
  1 33 subsection 2, not to exceed the lower of either one hundred
  1 34 fifty dollars for each quarterly data match or the actual
  1 35 costs incurred by the financial institution for each quarterly
  2  1 data match.  However, the unit may also adopt rules pursuant
  2  2 to chapter 17A to specify a fee amount for each quarterly data
  2  3 match based upon the estimated state share of funds collected
  2  4 under this chapter, which, when adopted, shall be applied in
  2  5 lieu of the one hundred fifty dollar fee under this
  2  6 subsection.  In addition, the unit may pay a reasonable fee to
  2  7 a financial institution for automation programming development
  2  8 performed in order to conduct the data match required in
  2  9 subsection 2, not to exceed the lower of either five hundred
  2 10 dollars or the actual costs incurred by the financial
  2 11 institution.  The unit may use the state share of funds
  2 12 collected under this chapter to pay the fees to financial
  2 13 institutions under this subsection.  For state fiscal years
  2 14 beginning July 1, 1999, and July 1, 2000, the unit may use up
  2 15 to one hundred percent of the state share of such funds.  For
  2 16 state fiscal years beginning on or after July 1, 2001, the
  2 17 unit may use up to fifty percent of the state share of such
  2 18 funds.  Notwithstanding any other provision of law to the
  2 19 contrary, a financial institution shall have until a date
  2 20 provided in the agreement in subsection 2 to submit its claim
  2 21 for a fee under this subsection.  If the unit does not have
  2 22 sufficient funds available under this subsection for payment
  2 23 of fees under this subsection for conducting data matches or
  2 24 for automation program development performed in the fiscal
  2 25 year beginning July 1, 1999, the cost may be carried forward
  2 26 to a future the fiscal year beginning July 1, 2000.  The unit
  2 27 may also use funds from an amount assessed a child support
  2 28 agency of another state, as defined in section 252H.2, to
  2 29 conduct a data match requested by that child support agency as
  2 30 provided in 42 U.S.C. } 666(a)(14) to pay fees to financial
  2 31 institutions under this subsection.
  2 32    4.  a.  The A financial institution is immune from any
  2 33 liability in any action or proceeding, whether civil or
  2 34 criminal, which might otherwise be incurred or imposed for any
  2 35 of the following:
  3  1    a. (1)  Any The disclosure of any information released by
  3  2 the a financial institution to the unit pursuant to this
  3  3 section chapter or the rules or procedures adopted by the unit
  3  4 to implement this chapter, including disclosure of information
  3  5 relating to an obligor who maintains an account with the
  3  6 financial institution or disclosure of information relating to
  3  7 any other person who maintains an account with the financial
  3  8 institution that is provided for the purpose of complying with
  3  9 the data match requirements of this section and with the
  3 10 agreement entered into between the financial institution and
  3 11 the unit pursuant to subsection 2.
  3 12    b. (2)  Any encumbrance or surrender of any assets held by
  3 13 the a financial institution in response to a notice of lien or
  3 14 levy issued by the unit.
  3 15    c. (3)  Any other action taken in or omission in connection
  3 16 with good faith efforts to comply with this section or section
  3 17 252I.7 chapter or any rules or procedures that are adopted by
  3 18 the unit to implement this chapter.
  3 19    (4)  The disclosure, use, or misuse by the unit or by any
  3 20 other person of information provided or assets delivered to
  3 21 the unit by a financial institution.
  3 22    b.  For the purposes of this section, "financial
  3 23 institution" includes officers, directors, employees,
  3 24 contractors, and agents of the financial institution.
  3 25    Sec. 4.  RETROACTIVE APPLICABILITY.  Section 252I.4,
  3 26 subsection 3, as amended in this Act, is retroactively
  3 27 applicable to January 1, 2000.  
  3 28 
  3 29 
  3 30                                                             
  3 31                               MARY E. KRAMER
  3 32                               President of the Senate
  3 33 
  3 34 
  3 35                                                             
  4  1                               BRENT SIEGRIST
  4  2                               Speaker of the House
  4  3 
  4  4    I hereby certify that this bill originated in the Senate and
  4  5 is known as Senate File 2254, Seventy-eighth General Assembly.
  4  6 
  4  7 
  4  8                                                             
  4  9                               MICHAEL E. MARSHALL
  4 10                               Secretary of the Senate
  4 11 Approved                , 2000
  4 12 
  4 13 
  4 14                               
  4 15 THOMAS J. VILSACK
  4 16 Governor
     

Text: SF02253                           Text: SF02255
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Bills and Amendments: General Index     Bill History: General Index

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