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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