House Amendment 1368


PAG LIN




     1  1    Amend Senate File 350, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 2, by inserting after line 30 the
     1  4 following:
     1  5    <Sec.    .  NEW SECTION.  252B.25  CONTEMPT ==
     1  6 COMBINING ACTIONS.
     1  7    Notwithstanding any provision of law to the
     1  8 contrary, if an obligor has been ordered to provide
     1  9 support in more than one order, the unit may bring a
     1 10 single action for contempt to enforce the multiple
     1 11 orders.  The unit shall file the action in the
     1 12 district court of a county where at least one of the
     1 13 support orders was entered or registered.  For the
     1 14 purposes of this section, the district court where the
     1 15 unit files the action shall have jurisdiction and
     1 16 authority over all other support orders for the
     1 17 obligor entered or registered by a court of this state
     1 18 and affected under this section.  In such case, the
     1 19 unit shall also file a document with the clerk of
     1 20 court in each county affected specifying the county
     1 21 where the action under this section was filed and the
     1 22 disposition of the action.
     1 23    Sec.    .  NEW SECTION.  252B.26  SERVICE OF
     1 24 PROCESS.
     1 25    Notwithstanding any provision of law to the
     1 26 contrary, the unit may serve a petition, notice, or
     1 27 rule to show cause under chapter 252A, 252C, 252F,
     1 28 252H, 252K, 598, or 665 as specified in each chapter,
     1 29 or by certified mail.  Return acknowledgement is
     1 30 required to prove service by certified mail, rules of
     1 31 civil procedure 1.303(5) and 1.308(5) shall not apply,
     1 32 and the return acknowledgment shall be filed with the
     1 33 clerk of court.
     1 34    Sec.    .  Section 252D.3, Code 2005, is amended to
     1 35 read as follows:
     1 36    252D.3  NOTICE OF INCOME WITHHOLDING.
     1 37    All orders for support entered on or after July 1,
     1 38 1984, shall notify the person ordered to pay support
     1 39 of the mandatory withholding of income required under
     1 40 section 252D.1.  However, for orders for support
     1 41 entered before July 1, 1984, the clerk of the district
     1 42 court, the child support recovery unit, or the person
     1 43 entitled by the order to receive the support payments,
     1 44 shall notify each person ordered to pay support under
     1 45 such orders of the mandatory withholding of income
     1 46 required under section 252D.1.  The notice shall be
     1 47 sent by certified mail to the person's last known
     1 48 address or the person shall be personally served with
     1 49 the notice in the manner provided for service of an
     1 50 original notice at least fifteen days prior to the
     2  1 ordering of income withholding under section 252D.1.
     2  2 A person ordered to pay support may waive the right to
     2  3 receive the notice at any time.  However, this
     2  4 subchapter is sufficient notice of implementation of
     2  5 mandatory withholding of income under section 252D.1
     2  6 without any further notice.
     2  7    Sec.    .  Section 252D.10, Code 2005, is amended
     2  8 to read as follows:
     2  9    252D.10  NOTICE OF IMMEDIATE INCOME WITHHOLDING.
     2 10    The notice requirements of section 252D.3 do not
     2 11 apply to this subchapter.  An order for support
     2 12 entered after November 1, 1990, shall contain the
     2 13 notice of immediate income withholding.  However, this
     2 14 subchapter is sufficient notice for implementation of
     2 15 immediate income withholding without any further
     2 16 notice.
     2 17    Sec.    .  Section 252D.16, subsection 1, paragraph
     2 18 b, Code 2005, is amended to read as follows:
     2 19    b.  A sole payment or lump sum as provided in
     2 20 section 252D.18C, including but not limited to payment
     2 21 from an estate including inheritance, or payment for
     2 22 personal injury or property damage.
     2 23    Sec.    .  Section 252D.24, subsection 2, Code
     2 24 2005, is amended by striking the subsection.
     2 25    Sec.    .  Section 252I.3, Code 2005, is amended to
     2 26 read as follows:
     2 27    252I.3  INITIAL NOTICE TO OBLIGOR.
     2 28    The unit may proceed under this chapter only if
     2 29 notice has been provided to the obligor in one of the
     2 30 following manners:
     2 31    1.  The obligor is provided notice of the
     2 32 provisions of this chapter in the court order
     2 33 establishing the support obligation.  The unit or
     2 34 district court may include language in any new or
     2 35 modified support order issued on or after July 1,
     2 36 1994, notifying the obligor that the obligor is
     2 37 subject to the provisions of this chapter.  However,
     2 38 this chapter is sufficient notice for implementation
     2 39 of administrative levy provisions without further
     2 40 notice of the provisions of this chapter.
     2 41    2.  The unit may send a notice by regular mail to
     2 42 the last known address of the obligor, notifying the
     2 43 obligor that the obligor is subject to the provisions
     2 44 of this chapter, with proof of service completed
     2 45 according to rule of civil procedure 1.442.
     2 46    Sec.    .  Section 252I.5, subsection 1, Code 2005,
     2 47 is amended to read as follows:
     2 48    1.  If an obligor is subject to this chapter under
     2 49 section 252I.2, the unit may initiate an
     2 50 administrative action to levy against the accounts of
     3  1 the obligor.  If notice has previously been provided
     3  2 pursuant to section 252I.3, further notice is not
     3  3 required.
     3  4    Sec.    .  Section 252J.3, unnumbered paragraph 1,
     3  5 Code 2005, is amended to read as follows:
     3  6    The unit shall proceed in accordance with this
     3  7 chapter only if the unit sends a notice is served on
     3  8 to the individual in accordance with rule of civil
     3  9 procedure 1.305 or notice is sent by certified mail
     3 10 addressed to the individual's last known address and
     3 11 served upon any person who may accept service under
     3 12 rule of civil procedure 1.305.  Return acknowledgment
     3 13 is required to prove service by certified by regular
     3 14 mail to the last known address of the individual.  The
     3 15 notice shall include all of the following:
     3 16    Sec.    .  Section 252J.3, subsections 4 and 5,
     3 17 Code 2005, are amended to read as follows:
     3 18    4.  A statement that if, within twenty days of
     3 19 service mailing of the notice on to the individual,
     3 20 the individual fails to contact the unit to schedule a
     3 21 conference, the unit shall issue a certificate of
     3 22 noncompliance, bearing the individual's name, social
     3 23 security number and unit case number, to any
     3 24 appropriate licensing authority, certifying that the
     3 25 obligor is not in compliance with a support order or
     3 26 an individual has not complied with a subpoena or
     3 27 warrant.
     3 28    5.  A statement that in order to stay the issuance
     3 29 of a certificate of noncompliance the request for a
     3 30 conference shall be in writing and shall be received
     3 31 by the unit within twenty days of service mailing of
     3 32 the notice on to the individual.
     3 33    Sec.    .  Section 252J.4, subsections 1, 2, and 6,
     3 34 Code 2005, are amended to read as follows:
     3 35    1.  The individual may schedule a conference with
     3 36 the unit following service mailing of the notice
     3 37 pursuant to section 252J.3, or at any time after
     3 38 service of notice of suspension, revocation, denial of
     3 39 issuance, or nonrenewal of a license from a licensing
     3 40 authority, to challenge the unit's actions under this
     3 41 chapter.
     3 42    2.  The request for a conference shall be made to
     3 43 the unit, in writing, and, if requested after service
     3 44 mailing of a the notice pursuant to section 252J.3,
     3 45 shall be received by the unit within twenty days
     3 46 following service mailing of the notice.
     3 47    6.  If the individual does not timely request a
     3 48 conference or does not comply with a subpoena or
     3 49 warrant or if the obligor does not pay the total
     3 50 amount of delinquent support owed within twenty days
     4  1 of service mailing of the notice pursuant to section
     4  2 252J.3, the unit shall issue a certificate of
     4  3 noncompliance.
     4  4    Sec.    .  Section 252J.6, subsection 1, unnumbered
     4  5 paragraph 1, Code 2005, is amended to read as follows:
     4  6    If an obligor is not in compliance with a support
     4  7 order or the individual is not in compliance with a
     4  8 subpoena or warrant pursuant to section 252J.2, the
     4  9 unit notifies mails a notice to the individual
     4 10 pursuant to section 252J.3, and the individual
     4 11 requests a conference pursuant to section 252J.4, the
     4 12 unit shall issue a written decision if any of the
     4 13 following conditions exists:
     4 14    Sec.    .  Section 600.16A, subsection 5, Code
     4 15 2005, is amended to read as follows:
     4 16    5.  Notwithstanding subsection 2, a termination of
     4 17 parental rights order issued pursuant to this chapter,
     4 18 section 600A.9 may, or any other chapter shall be
     4 19 disclosed to the child support recovery unit, upon
     4 20 request, without court order.
     4 21    Sec.    .  NULLIFICATION OF RULES.  The following
     4 22 rules are nullified:
     4 23    1.  441 IAC 98.22.
     4 24    2.  441 IAC 98.23.
     4 25    3.  441 IAC 98.33.
     4 26    4.  441 IAC 98.92.>
     4 27 #2.  Title page, by inserting after the word <to>
     4 28 the following:  <child support, including>.
     4 29 #3.  Title page, line 1, by inserting after the
     4 30 word <obligation> the following:  <and nullifying
     4 31 related administrative rules>.
     4 32
     4 33
     4 34                               
     4 35 HEATON of Henry
     4 36 SF 350.703 81
     4 37 pf/gg/2048

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