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Senate File 36

Partial Bill History

Bill Text

  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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