Text: SF00035 Text: SF00037 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 252B.5, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12. a. Immobilization of the motor 1 4 vehicle of an obligor if all of the following conditions are 1 5 met: 1 6 (1) The obligor is determined by the unit to owe 1 7 delinquent support under a support order as defined in section 1 8 252J.1, in excess of five thousand dollars. 1 9 (2) The obligor is sent a notice by regular mail notifying 1 10 the obligor of the amount of the delinquency and the obligor 1 11 does not challenge the delinquency, or a challenge by the 1 12 obligor and any subsequent findings by the unit or by the 1 13 district court on review result in a determination that a 1 14 mistake in fact does not exist. 1 15 (3) Other enforcement methods have been utilized by the 1 16 unit and have failed to result in collection of the delinquent 1 17 amount. 1 18 (4) The unit has determined by review of the title of the 1 19 motor vehicle that the obligor is the owner of the motor 1 20 vehicle. 1 21 b. The notice procedure pursuant to paragraph "a", 1 22 subparagraph (2), shall be as follows: 1 23 (1) The notice shall provide information regarding the 1 24 procedures for challenging the delinquency. 1 25 (2) A challenge shall be based upon mistake of fact. For 1 26 the purposes of this subsection, "mistake of fact" means a 1 27 mistake in the identity of the obligor or a mistake in the 1 28 amount of delinquent child support owed if the amount does not 1 29 equal or exceed five thousand dollars. "Mistake of fact" also 1 30 means that the obligor provides information and proves that 1 31 the obligor cannot pay the delinquency. 1 32 (3) If the obligor challenges the delinquency, the obligor 1 33 shall notify the unit within the time period specified in the 1 34 notice to the obligor. The obligor shall include any relevant 1 35 information with the challenge. 2 1 (4) Following the unit's review of a timely received 2 2 challenge, the unit shall send a written decision to the 2 3 obligor within ten days of timely receipt of the challenge. 2 4 If the unit determines that a mistake of fact does not exist, 2 5 the obligor may contest the determination within ten days 2 6 following the issuance of the decision by submitting a written 2 7 request for a contested case proceeding pursuant to chapter 2 8 17A. Following issuance of a final decision under chapter 17A 2 9 that no mistake of fact exists, the obligor may request a 2 10 hearing before the district court pursuant to chapter 17A. 2 11 The scope of the review by the district court shall be limited 2 12 to demonstration of a mistake of fact. 2 13 c. The unit may immobilize the obligor's motor vehicle by 2 14 using any device that completely prevents the motor vehicle 2 15 from being operated, including but not limited to the placing 2 16 of a metal clamp on the front tire of the motor vehicle. The 2 17 unit may continue immobilization of the obligor's motor 2 18 vehicle until such time as the obligor repays the amount of 2 19 the delinquency or enters into a formalized repayment plan 2 20 with the unit to repay the delinquency. 2 21 d. If a motor vehicle is immobilized under this 2 22 subsection, all of the following shall apply: 2 23 (1) If the owner of the motor vehicle is the obligor, once 2 24 the period of immobilization has expired, the owner of the 2 25 motor vehicle shall have thirty days to claim the motor 2 26 vehicle and pay all fees and charges imposed for immobilizing 2 27 the motor vehicle. The person responsible for immobilization 2 28 of the motor vehicle shall inform the clerk of court of the 2 29 costs of immobilizing the vehicle. If the obligor has not 2 30 claimed the motor vehicle and paid all fees and charges 2 31 imposed within seven days from the date of expiration of the 2 32 period, the clerk shall send written notification to the 2 33 obligor, at the obligor's last known address, notifying the 2 34 obligor of the date of expiration of the period of 2 35 immobilization and of the period in which the motor vehicle 3 1 must be claimed. If the obligor fails to claim the motor 3 2 vehicle and pay all fees and charges imposed within the 3 3 thirty-day period, the motor vehicle shall be forfeited to the 3 4 state under chapters 809 and 809A. 3 5 (2) During the period of immobilization, if the owner of 3 6 the immobilized vehicle is the obligor, the obligor shall not 3 7 sell or transfer the title of the motor vehicle which is 3 8 subject to the order of immobilization. 3 9 (3) If, during the period of immobilization, the title to 3 10 the motor vehicle which is the subject of the order is 3 11 transferred by the foreclosure of a chattel mortgage, a sale 3 12 upon execution, the cancellation of a conditional sales 3 13 contract, or an order of a court, the court which enters the 3 14 order that permits transfer of the title shall notify the 3 15 clerk of court of the transfer of the title. 3 16 (4) If the owner of the motor vehicle is a rental or 3 17 leasing agency, the person responsible for immobilizing the 3 18 motor vehicle shall contact the rental or leasing agency to 3 19 inform the agency that the motor vehicle is available for 3 20 immediate return. The agency shall be entitled to claim the 3 21 motor vehicle without payment of any fees or charges resulting 3 22 from the immobilization. 3 23 (5) The holder of a security interest in a motor vehicle 3 24 which is immobilized pursuant to this subsection or forfeited 3 25 in the manner provided in chapters 809 and 809A shall be 3 26 notified of the immobilization or forfeiture within seventy- 3 27 two hours of the seizure of the vehicle and shall have the 3 28 right to claim the motor vehicle without payment of any fees 3 29 or surcharges unless the value of the vehicle exceeds the 3 30 value of the security interest held by the creditor. 3 31 (6) Any of the following persons may make application to 3 32 the court for permission to operate a motor vehicle, which is 3 33 immobilized pursuant to this subsection, during the period of 3 34 immobilization, if the applicant's driver's license or 3 35 operating privilege has not been suspended, denied, revoked, 4 1 or barred: 4 2 (a) A person, other than the obligor, who is not a member 4 3 of the immediate family of the obligor but is a joint owner of 4 4 the motor vehicle. 4 5 (b) A member of the immediate family of the obligor, if 4 6 the member demonstrates that the motor vehicle that is subject 4 7 to the order for immobilization is the only motor vehicle 4 8 possessed by the family. For the purposes of this 4 9 subparagraph, "a member of the immediate family" means a 4 10 spouse, child, or parent of the obligor. 4 11 (7) The immobilization or forfeiture of a motor vehicle 4 12 under this subsection does not constitute loss of use of a 4 13 motor vehicle for purposes of any contract of insurance. 4 14 e. For the purposes of this subsection: 4 15 (1) "Motor vehicle" means a motor vehicle as defined in 4 16 section 321.1 that is subject to registration pursuant to 4 17 chapter 321. 4 18 (2) "Owner" means the registered titleholder of the motor 4 19 vehicle, except in the case where a rental or leasing agency 4 20 is the registered titleholder, in which case the lessee of the 4 21 vehicle shall be treated as the owner of the vehicle for 4 22 purposes of this section. 4 23 EXPLANATION 4 24 This bill authorizes the child support recovery unit to 4 25 immobilize the motor vehicle owned by a child support obligor 4 26 if the amount of delinquent child support owed by the obligor 4 27 is $5,000 or more; if following notice and any challenges to 4 28 the notice no mistake in fact as to the amount of the 4 29 delinquency or the identify of the obligor is found or if it 4 30 is determined that the obligor cannot pay the delinquency; if 4 31 other enforcement mechanisms have not resulted in collection 4 32 of the delinquent amount; and if the unit determines that the 4 33 obligor is the owner of the motor vehicle. The bill provides 4 34 for notice to the obligor of the delinquency and provides a 4 35 procedure for challenge of the notice of delinquency by the 5 1 obligor based on mistake of fact. If the obligor does not 5 2 challenge the amount of the delinquency, or if a challenge by 5 3 the obligor and any subsequent review of the challenge of the 5 4 obligor results in no finding of a mistake in fact, the unit 5 5 is authorized to immobilize the motor vehicle of the obligor 5 6 until such time as the delinquency is repaid or until such 5 7 time as the obligor enters into a formalized repayment plan 5 8 with the unit. The bill also provides other procedures if the 5 9 owner is a leasing or rental agency or if there is a secured 5 10 interest in the motor vehicle. 5 11 LSB 1170XS 79 5 12 pf/gg/8
Text: SF00035 Text: SF00037 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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