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PAG LIN
1 1 Section 1. NEW SECTION. 252L.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Department" means the department of human services.
1 5 2. "Immobilization" means the installation of a device on
1 6 a motor vehicle that completely prevents a motor vehicle from
1 7 being operated, including but not limited to the placing of a
1 8 metal clamp on the front tire of the motor vehicle.
1 9 3. "Law enforcement entity" means the Iowa state patrol, a
1 10 police department or a sheriff's office.
1 11 4. "Motor vehicle" means a motor vehicle as defined in
1 12 section 321.1 that is subject to registration pursuant to
1 13 chapter 321.
1 14 5. "Owner" means the registered title holder of the motor
1 15 vehicle and includes owner as defined in section 321.1.
1 16 6. "Support" means support as defined in section 252J.1.
1 17 7. "Support order" means an order for support issued
1 18 pursuant to chapter 232, 234, 252A, 252C, 252E, 252F, 252H,
1 19 252K, 598, 600B or any other applicable chapter, or under a
1 20 comparable statute of a foreign jurisdiction which is
1 21 registered with the clerk of the district court under chapter
1 22 252K or filed with the clerk of the district court under
1 23 section 252D.24.
1 24 8. "Unit" means the child support recovery unit created in
1 25 section 252B.2.
1 26 Sec. 2. NEW SECTION. 252L.2 PURPOSE AND USE.
1 27 1. Notwithstanding other statutory provisions to the
1 28 contrary, including chapters 809 and 809A, the unit may
1 29 utilize the process established in this chapter to collect
1 30 support.
1 31 2. An obligor is subject to the provisions of this chapter
1 32 if all of the following apply:
1 33 a. The unit is providing enforcement services under
1 34 chapter 252B.
1 35 b. The support payments required by the support order to
2 1 be paid to the clerk of the district court or the collection
2 2 services center pursuant to section 598.22 are not paid and
2 3 become delinquent in an amount equal to the support payment
2 4 for three months.
2 5 c. At the time the unit issues a notice of intent to
2 6 immobilize a motor vehicle, all of the following apply:
2 7 (1) Support payments are not being made under the support
2 8 order by a payor of income pursuant to chapter 252D.
2 9 (2) There is no pending administrative levy action
2 10 pursuant to sections 252I.5 through 252I.8.
2 11 (3) A period of at least ninety days has elapsed since the
2 12 unit issued a certificate of noncompliance to a licensing
2 13 authority under section 252J.7, the obligor has not entered
2 14 into a written agreement under section 252J.5, the obligor has
2 15 not paid the total amount of delinquent support owed, and
2 16 there is no district court hearing pending under section
2 17 252J.9.
2 18 d. The unit determines, based upon the unit's review of
2 19 records and credit reports accessed by the unit, including
2 20 department of transportation automated records, that the
2 21 obligor is an owner of a motor vehicle or the motor vehicle is
2 22 owned by a business of which the obligor is a proprietor or a
2 23 partner, or is owned by a limited liability company of which
2 24 the obligor is a member, and the unit has determined that
2 25 immobilization of the motor vehicle is cost effective.
2 26 3. Actions initiated by the unit under this chapter shall
2 27 not be subject to contested case proceedings or further review
2 28 pursuant to chapter 17A and any resulting court hearing shall
2 29 be an original hearing before the district court.
2 30 4. This chapter shall be construed to furnish an
2 31 additional or alternative civil remedy and shall not affect or
2 32 impair any other remedy, civil or criminal, available to the
2 33 unit.
2 34 Sec. 3. NEW SECTION. 252L.3 NOTICE TO OBLIGOR OF
2 35 POTENTIAL MOTOR VEHICLE IMMOBILIZATION.
3 1 The unit shall proceed in accordance with this chapter
3 2 following provision of notice of potential motor vehicle
3 3 immobilization to the obligor. Notice shall be sent to the
3 4 obligor by regular mail at the obligor's last known address
3 5 and to the address listed on the motor vehicle registration,
3 6 if the address is different than the obligor's last known
3 7 address. The notice shall include all of the following:
3 8 1. The address and telephone number of the unit and the
3 9 unit case number.
3 10 2. A statement that the obligor is not in compliance with
3 11 a support order and the support is delinquent in an amount
3 12 equal to the support payment for three months.
3 13 3. A statement that the unit shall issue a certificate of
3 14 immobilization bearing the obligor's name, address, unit case
3 15 number, any other identifying information needed, and
3 16 information identifying the motor vehicle to a law enforcement
3 17 entity, certifying that the obligor is not in compliance with
3 18 a support order, unless within twenty days of the date of
3 19 issuance of the notice to the obligor one of the following has
3 20 occurred:
3 21 a. The obligor has contacted the unit to schedule a
3 22 conference.
3 23 b. The obligor has paid twenty percent of the total amount
3 24 of delinquent support due which is listed in the notice or two
3 25 thousand dollars, whichever is greater.
3 26 4. A statement that the obligor may request a conference
3 27 with the unit to contest the action.
3 28 5. A statement that in order to stay the issuance of the
3 29 certificate of immobilization the request for a conference
3 30 shall be in writing and shall be received by the unit within
3 31 twenty days of the date of the issuance of notice to the
3 32 obligor.
3 33 6. Information identifying one or more motor vehicles
3 34 including the address on the motor vehicle registration, which
3 35 the unit intends to have immobilized.
4 1 7. A statement that if the unit issues a certificate of
4 2 immobilization to a law enforcement entity, the law
4 3 enforcement entity shall promptly locate any motor vehicle
4 4 listed in the certificate of immobilization and immobilize any
4 5 motor vehicle identified.
4 6 8. A statement that if a motor vehicle is immobilized, the
4 7 obligor shall pay the costs of immobilization and removing the
4 8 immobilization device.
4 9 9. A statement that an owner, other than the obligor,
4 10 claiming a right to immediate possession of the motor vehicle
4 11 may file a petition or post a cash bond with the district
4 12 court as provided in section 252L.11.
4 13 Sec. 4. NEW SECTION. 252L.4 CONFERENCE.
4 14 1. Following issuance of the notice to the obligor
4 15 pursuant to section 252L.3, the obligor may schedule a
4 16 conference with the unit.
4 17 2. The request for a conference shall be made to the unit,
4 18 in writing, and shall be received by the unit within twenty
4 19 days following the date of issuance of the notice to the
4 20 obligor.
4 21 3. The unit shall notify the obligor of the date, time,
4 22 and location of the conference by regular mail, with the date
4 23 of the conference to be no earlier than ten days following
4 24 issuance of the notice of the conference by the unit. If the
4 25 obligor fails to appear at the conference, the unit shall
4 26 issue a certificate of immobilization.
4 27 4. Following the conference, the unit shall issue a
4 28 certificate of immobilization unless any of the following
4 29 applies:
4 30 a. The unit finds a mistake in the identity of the
4 31 obligor.
4 32 b. The unit finds a mistake in determining that the amount
4 33 of delinquent support is equal to or greater than the amount
4 34 due for three months.
4 35 c. The obligor pays twenty percent of the total amount of
5 1 delinquent support due or two thousand dollars, whichever is
5 2 greater.
5 3 d. The obligor meets at least one of the conditions for an
5 4 exemption from the license sanction process which is in effect
5 5 and which has been established in accordance with rules
5 6 adopted by the department pursuant to chapter 17A as required
5 7 by section 252J.4.
5 8 5. If the obligor does not timely request a conference or
5 9 if the obligor does not pay twenty percent of the total amount
5 10 of delinquent support due or two thousand dollars, whichever
5 11 is greater, within twenty days of issuance of the notice
5 12 pursuant to section 252L.3, the unit shall issue a certificate
5 13 of immobilization.
5 14 Sec. 5. NEW SECTION. 252L.5 DECISION OF THE UNIT.
5 15 1. If an obligor is not in compliance with a support order
5 16 as specified in section 252L.2, the unit shall issue a written
5 17 decision if any of the following conditions exist:
5 18 a. The obligor fails to appear at a scheduled conference
5 19 as provided under section 252L.4.
5 20 b. A conference is held under section 252L.4.
5 21 c. The obligor fails to pay twenty percent of the total
5 22 amount of delinquent support due or two thousand dollars,
5 23 whichever is greater, within twenty days of issuance of the
5 24 notice pursuant to section 252L.3.
5 25 2. The unit shall send the written decision to the obligor
5 26 by regular mail at the obligor's last known address. If the
5 27 decision is made to issue a certificate of immobilization, a
5 28 copy of the certificate shall be attached to the written
5 29 decision and the written decision shall state all of the
5 30 following:
5 31 a. That a copy of the certificate of immobilization has
5 32 been provided to a law enforcement entity specifying one or
5 33 more motor vehicles listed in the notice provided pursuant to
5 34 section 252L.3.
5 35 b. That upon receipt of a certificate of immobilization,
6 1 the law enforcement entity shall promptly locate the motor
6 2 vehicle specified in the certificate of immobilization and
6 3 immobilize the motor vehicle.
6 4 c. That in order to obtain a termination of a certificate
6 5 of immobilization from the unit, the obligor shall pay twenty
6 6 percent of the total amount of delinquent support due or two
6 7 thousand dollars, whichever is greater.
6 8 d. That an owner, other than the obligor, claiming a right
6 9 to immediate possession of the motor vehicle may file a
6 10 petition or post a cash bond with the district court as
6 11 provided in section 252L.11.
6 12 e. That if the unit issues a written decision which
6 13 includes a certificate of immobilization, all of the following
6 14 apply:
6 15 (1) The individual may request a hearing as provided in
6 16 section 252L.8, before the district court in the county in
6 17 which the underlying support order is filed or registered, by
6 18 filing a written application to the court challenging the
6 19 issuance of the certificate of immobilization by the unit and
6 20 sending a copy of the application to the unit within the time
6 21 period specified in section 252L.8.
6 22 (2) The obligor may retain an attorney at the obligor's
6 23 own expense to represent the obligor at the hearing.
6 24 (3) The scope of review of the district court hearing
6 25 shall be limited to demonstration of a mistake of fact related
6 26 to the delinquency of the obligor.
6 27 3. If the unit issues a certificate of immobilization, the
6 28 unit shall only issue a termination of the certificate of
6 29 immobilization if any of the following applies:
6 30 a. The unit or the court finds a mistake in the identity
6 31 of the obligor.
6 32 b. The unit or the court finds a mistake in determining
6 33 that the amount of delinquent support due is equal to or
6 34 greater than the amount due for three months.
6 35 c. The obligor pays twenty percent of the total amount of
7 1 delinquent support due or two thousand dollars, whichever is
7 2 greater.
7 3 d. The obligor meets at least one of the conditions for an
7 4 exemption from the license sanction process which is in effect
7 5 and which has been established in accordance with rules
7 6 adopted by the department pursuant to chapter 17A as required
7 7 by section 252J.6.
7 8 Sec. 6. NEW SECTION. 252L.6 CERTIFICATE OF
7 9 IMMOBILIZATION TO LAW ENFORCEMENT ENTITY.
7 10 1. If the obligor fails to respond to the notice of
7 11 immobilization of a motor vehicle provided pursuant to section
7 12 252L.3, or the unit issues a written decision under section
7 13 252L.5 which states there is no mistake of fact, or that the
7 14 obligor has not paid twenty percent of the total amount of
7 15 delinquent support due or two thousand dollars, whichever is
7 16 greater, the unit shall certify, in writing, to a law
7 17 enforcement entity that the support obligor is not in
7 18 compliance with a support order.
7 19 2. The certificate of immobilization shall contain the
7 20 obligor's name, address, and any other identifying information
7 21 needed, identification of one or more motor vehicles, and the
7 22 name of the county where the support order is filed or
7 23 registered.
7 24 Sec. 7. NEW SECTION. 252L.7 REQUIREMENTS AND PROCEDURES
7 25 OF A LAW ENFORCEMENT ENTITY.
7 26 1. The law enforcement entity, upon receipt of a
7 27 certificate of immobilization, shall promptly locate the motor
7 28 vehicle specified in the certificate and attach the
7 29 immobilization device. Upon immobilization the law
7 30 enforcement entity shall post a notice, prepared by the unit,
7 31 on the motor vehicle. The notice shall include the following
7 32 information:
7 33 a. The address of the unit.
7 34 b. The name of the county where the support order is filed
7 35 or registered and the court order number.
8 1 c. That an owner, other than the obligor, claiming a right
8 2 to immediate possession of the motor vehicle may file a
8 3 petition or post a cash bond with the district court as
8 4 provided in section 252L.11.
8 5 2. The posting of the notice on the motor vehicle as
8 6 provided in subsection 1 constitutes notice to any person
8 7 claiming an ownership interest in the motor vehicle.
8 8 3. The law enforcement entity shall inform the unit of the
8 9 costs of immobilizing the motor vehicle, including the costs
8 10 for subsequent removal of the immobilization device. The
8 11 reimbursable amount of the costs of immobilization for one
8 12 motor vehicle shall be limited to the actual costs to law
8 13 enforcement as reported to the unit or two hundred dollars,
8 14 whichever is less. The payments collected for the costs for
8 15 immobilization and removal of the immobilization device shall
8 16 be used to reimburse the unit or the law enforcement entity
8 17 for costs incurred in immobilization of the motor vehicle.
8 18 4. If a law enforcement entity receives a termination of a
8 19 certificate of immobilization from the unit, the law
8 20 enforcement entity shall promptly remove the immobilization
8 21 device.
8 22 Sec. 8. NEW SECTION. 252L.8 DISTRICT COURT HEARING.
8 23 1. Following the issuance of a written decision by the
8 24 unit under section 252L.5 which includes the issuance of a
8 25 certificate of immobilization pursuant to section 252L.6, an
8 26 obligor may seek review of the decision and request a hearing
8 27 before the district court in the county in which the
8 28 underlying support order is filed or registered, by filing an
8 29 application with the district court, and sending a copy of the
8 30 application to the unit by regular mail. An application shall
8 31 be filed to seek review of the decision by the unit no later
8 32 than thirty days after issuance of the notice pursuant to
8 33 section 252L.5. The clerk of the district court shall
8 34 schedule a hearing and mail a copy of the order scheduling the
8 35 hearing to the obligor, the unit and the law enforcement
9 1 entity, if applicable. The unit shall certify a copy of its
9 2 written decision and certificate of immobilization indicating
9 3 the date of issuance to the clerk of the district court.
9 4 2. The filing of an application pursuant to this section
9 5 shall automatically stay the actions of the law enforcement
9 6 entity pursuant to section 252L.7. The hearing on the
9 7 application shall be scheduled and held within ten calendar
9 8 days of the filing of the application. However, if the
9 9 obligor fails to appear at the scheduled hearing, the stay
9 10 shall be lifted and the law enforcement entity shall continue
9 11 procedures pursuant to section 252L.7.
9 12 3. The scope of the review by the district court shall be
9 13 limited to demonstration of a mistake of fact relating to the
9 14 delinquency of the obligor. Issues related to visitation,
9 15 custody, or other provisions not related to the support
9 16 provisions of a support order are not grounds for a hearing
9 17 under this chapter.
9 18 4. Support orders shall not be modified by the court in a
9 19 hearing under this chapter.
9 20 5. If the court finds that the unit was in error in
9 21 issuing a certificate of immobilization, or in failing to
9 22 issue a termination of a certificate of immobilization, the
9 23 unit shall issue a termination of a certificate of
9 24 immobilization to the appropriate law enforcement entity.
9 25 Sec. 9. NEW SECTION. 252L.9 COSTS.
9 26 1. The unit shall send notice of the costs of
9 27 immobilization and removal of the immobilization device to the
9 28 obligor at the last known address of the obligor.
9 29 2. The obligor shall pay the costs of immobilization and
9 30 removal of the immobilization device to the collection
9 31 services center unless the unit or the court determines that
9 32 there was a mistake of fact in the identity of the obligor or
9 33 a mistake of fact that the amount of the delinquency is equal
9 34 to or greater than the amount due for three months.
9 35 3. Notwithstanding any other provision of this chapter,
10 1 the unit shall not issue a termination of immobilization to a
10 2 law enforcement entity until the obligor has paid the costs of
10 3 immobilization. However, a motor vehicle shall not be
10 4 immobilized under this chapter longer than one hundred twenty
10 5 days, unless the unit begins a subsequent immobilization
10 6 process by issuing another notice as provided in section
10 7 252L.3.
10 8 4. The unit may use the state share of support collected
10 9 under this chapter for expenses incurred by the unit to
10 10 implement and carry out the provisions of this chapter but not
10 11 to exceed those expenses.
10 12 5. The unit or law enforcement entity shall not bear any
10 13 costs attributable to the immobilization including but not
10 14 limited to tow charges, tickets, or other liabilities.
10 15 Sec. 10. NEW SECTION. 252L.10 CHANGE OF TITLE.
10 16 1. During the period of immobilization the obligor shall
10 17 not sell or transfer the title of the motor vehicle which is
10 18 subject to the immobilization.
10 19 2. If, during the period of immobilization, the title to
10 20 the immobilized motor vehicle is transferred by the
10 21 foreclosure of a chattel mortgage, a sale upon execution, the
10 22 cancellation of a conditional sales contract, or an order of a
10 23 court, the court which enters the order that permits transfer
10 24 of the title shall notify the clerk of the district court,
10 25 where the underlying support order is filed or registered, of
10 26 the transfer of the title.
10 27 Sec. 11. NEW SECTION. 252L.11 OWNER CLAIMING A RIGHT TO
10 28 IMMEDIATE POSSESSION.
10 29 1. An owner of a motor vehicle, other than the obligor,
10 30 claiming a right to immediate possession may file a petition
10 31 for immediate possession and, if appropriate, removal of an
10 32 immobilization device. The petition shall be filed in the
10 33 district court where the support order is filed or registered.
10 34 The petition shall be specific and shall provide a detailed
10 35 description of the specific motor vehicle sought and the
11 1 nature of the petitioner's interest in the motor vehicle, and
11 2 shall provide proof of the petitioner's interest. The
11 3 petition shall also state all the following:
11 4 a. The grounds upon which the petitioner seeks immediate
11 5 possession.
11 6 b. The date the petitioner assumed ownership in the motor
11 7 vehicle.
11 8 c. The specific provision of law relied on in asserting a
11 9 right to immediate possession of the motor vehicle.
11 10 d. All essential facts supporting each assertion.
11 11 2. Mere ownership of a motor vehicle is insufficient
11 12 grounds for granting immediate possession. The petitioner
11 13 shall be limited at the judicial hearing to proof of the
11 14 grounds set out in the petition for immediate possession. If
11 15 no specific grounds are set out in the petition for immediate
11 16 possession, or the grounds set out are insufficient as a
11 17 matter of law, the court may enter judgment on the pleadings
11 18 without further hearing. The court shall enter judgment on
11 19 the pleadings or hold a hearing within ten calendar days of
11 20 the filing of the petition and service on the unit. If
11 21 multiple petitioners have filed petitions for immediate
11 22 possession, the claims meeting the criteria for a hearing
11 23 shall all be heard in one proceeding.
11 24 3. The petitioner shall serve a copy of the petition on
11 25 the unit in accordance with the rules of civil procedure.
11 26 4. Notwithstanding the court's granting of petition under
11 27 this section, section 252L.9 relating to costs shall apply.
11 28 5. Costs and attorney fees shall not be assessed against
11 29 the unit.
11 30 6. If records accessed by the unit at the time the unit
11 31 issues the notice to the obligor under section 252L.3, or
11 32 issues a written decision and a certificate of immobilization
11 33 under section 252L.5, indicate there is an owner of a motor
11 34 vehicle in addition to the obligor, the unit shall send a
11 35 notice to that other owner at the address on the registration
12 1 or other available address. The notice shall be a copy of the
12 2 notice or written decision to the obligor, or a substantially
12 3 similar copy, and shall be sent by regular mail at the time
12 4 the notice under section 252L.3, or the written decision under
12 5 section 252L.5, is sent to the obligor.
12 6 7. An owner of a motor vehicle, other than the obligor,
12 7 claiming a right to immediate possession may obtain immediate
12 8 possession by posting a cash bond with the clerk of court in
12 9 the county where the support order is filed or registered in
12 10 an amount equal to the delinquent support listed in the notice
12 11 described in subsection 6. Upon notice to the claimant who
12 12 posted the cash bond, the unit may request the bond be paid as
12 13 support.
12 14 Sec. 12. REPORT. On or before October 1, 2002, the
12 15 department of human services shall provide a report for the
12 16 fiscal year beginning July 1, 2001, and ending June 30, 2002,
12 17 to the general assembly concerning the use and results of
12 18 chapter 252L.
12 19 EXPLANATION
12 20 This bill authorizes the child support recovery unit to
12 21 immobilize a motor vehicle owned by a child support obligor if
12 22 certain conditions are met, including if the unit determines
12 23 that immobilization of the motor vehicle is cost effective.
12 24 The bill provides the procedure for immobilization of a motor
12 25 vehicle including notice to the obligor and the opportunity
12 26 for the obligor to challenge the immobilization, judicial
12 27 review of the unit's written decision relating to the
12 28 challenge, enforcement of the immobilization action,
12 29 provisions prohibiting change of title of a motor vehicle
12 30 during the period of immobilization, and provisions relating
12 31 to owners of a motor vehicle other than an obligor. The bill
12 32 also requires the department of human services to provide a
12 33 report for the fiscal year beginning July 1, 2001, and ending
12 34 June 30, 2002, to the general assembly concerning the use and
12 35 results of the immobilization provisions.
13 1 LSB 1170SV 79
13 2 pf/gg/8
Text: SF00398 Text: SF00400 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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