Senate Amendment 3130


PAG LIN




     1  1    Amend Senate File 350, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1, the
     1  4 following:
     1  5    <Section 1.  Section 252B.9, subsection 1,
     1  6 paragraph d, subparagraph (2), Code 2005, is amended
     1  7 to read as follows:
     1  8    (2)  Certain records held by public utilities and,
     1  9 cable, or other television companies, cellular
     1 10 telephone companies, and internet service providers
     1 11 with respect to individuals who owe or are owed
     1 12 support, or against or with respect to whom a support
     1 13 obligation is sought, consisting of the names and
     1 14 addresses of such individuals and the names and
     1 15 addresses of the employers of such individuals, as
     1 16 appearing in customer records.  If the records are
     1 17 maintained in automated databases, the unit shall be
     1 18 provided with automated access.>
     1 19 #2.  Page 2, by inserting after line 30 the
     1 20 following:
     1 21    <Sec.    .  NEW SECTION.  252B.25  CONTEMPT ==
     1 22 COMBINING ACTIONS.
     1 23    Notwithstanding any provision of law to the
     1 24 contrary, if an obligor has been ordered to provide
     1 25 support in more than one order, the unit may bring a
     1 26 single action for contempt to enforce the multiple
     1 27 orders.  The unit shall file the action in the
     1 28 district court of a county where at least one of the
     1 29 support orders was entered or registered.  For the
     1 30 purposes of this section, the district court where the
     1 31 unit files the action shall have jurisdiction and
     1 32 authority over all other support orders for the
     1 33 obligor entered or registered by a court of this state
     1 34 and affected under this section.  In such case, the
     1 35 unit shall also file a document with the clerk of
     1 36 court in each county affected specifying the county
     1 37 where the action under this section was filed and the
     1 38 disposition of the action.
     1 39    Sec.    .  NEW SECTION.  252B.26  SERVICE OF
     1 40 PROCESS.
     1 41    Notwithstanding any provision of law to the
     1 42 contrary, the unit may serve a petition, notice, or
     1 43 rule to show cause under chapter 252A, 252C, 252F,
     1 44 252H, 252K, 598, or 665 as specified in each chapter,
     1 45 or by certified mail.  Return acknowledgement is
     1 46 required to prove service by certified mail, rules of
     1 47 civil procedure 1.303(5) and 1.308(5) shall not apply,
     1 48 and the return acknowledgment shall be filed with the
     1 49 clerk of court.
     1 50    Sec.    .  Section 252D.3, Code 2005, is amended to
     2  1 read as follows:
     2  2    252D.3  NOTICE OF INCOME WITHHOLDING.
     2  3    All orders for support entered on or after July 1,
     2  4 1984, shall notify the person ordered to pay support
     2  5 of the mandatory withholding of income required under
     2  6 section 252D.1.  However, for orders for support
     2  7 entered before July 1, 1984, the clerk of the district
     2  8 court, the child support recovery unit, or the person
     2  9 entitled by the order to receive the support payments,
     2 10 shall notify each person ordered to pay support under
     2 11 such orders of the mandatory withholding of income
     2 12 required under section 252D.1.  The notice shall be
     2 13 sent by certified mail to the person's last known
     2 14 address or the person shall be personally served with
     2 15 the notice in the manner provided for service of an
     2 16 original notice at least fifteen days prior to the
     2 17 ordering of income withholding under section 252D.1.
     2 18 A person ordered to pay support may waive the right to
     2 19 receive the notice at any time.  However, this
     2 20 subchapter is sufficient notice of implementation of
     2 21 mandatory withholding of income under section 252D.1
     2 22 without any further notice.
     2 23    Sec.    .  Section 252D.10, Code 2005, is amended
     2 24 to read as follows:
     2 25    252D.10  NOTICE OF IMMEDIATE INCOME WITHHOLDING.
     2 26    The notice requirements of section 252D.3 do not
     2 27 apply to this subchapter.  An order for support
     2 28 entered after November 1, 1990, shall contain the
     2 29 notice of immediate income withholding.  However, this
     2 30 subchapter is sufficient notice for implementation of
     2 31 immediate income withholding without any further
     2 32 notice.
     2 33    Sec.    .  Section 252D.16, subsection 1, paragraph
     2 34 b, Code 2005, is amended to read as follows:
     2 35    b.  A sole payment or lump sum as provided in
     2 36 section 252D.18C, including but not limited to payment
     2 37 from an estate including inheritance, or payment for
     2 38 personal injury or property damage.
     2 39    Sec.    .  Section 252D.24, subsection 2, Code
     2 40 2005, is amended by striking the subsection.
     2 41    Sec.    .  Section 252I.3, Code 2005, is amended to
     2 42 read as follows:
     2 43    252I.3  INITIAL NOTICE TO OBLIGOR.
     2 44    The unit may proceed under this chapter only if
     2 45 notice has been provided to the obligor in one of the
     2 46 following manners:
     2 47    1.  The obligor is provided notice of the
     2 48 provisions of this chapter in the court order
     2 49 establishing the support obligation.  The unit or
     2 50 district court may include language in any new or
     3  1 modified support order issued on or after July 1,
     3  2 1994, notifying the obligor that the obligor is
     3  3 subject to the provisions of this chapter.  However,
     3  4 this chapter is sufficient notice for implementation
     3  5 of administrative levy provisions without further
     3  6 notice of the provisions of this chapter.
     3  7    2.  The unit may send a notice by regular mail to
     3  8 the last known address of the obligor, notifying the
     3  9 obligor that the obligor is subject to the provisions
     3 10 of this chapter, with proof of service completed
     3 11 according to rule of civil procedure 1.442.
     3 12    Sec.    .  Section 252I.5, subsection 1, Code 2005,
     3 13 is amended to read as follows:
     3 14    1.  If an obligor is subject to this chapter under
     3 15 section 252I.2, the unit may initiate an
     3 16 administrative action to levy against the accounts of
     3 17 the obligor.  If notice has previously been provided
     3 18 pursuant to section 252I.3, further notice is not
     3 19 required.
     3 20    Sec.    .  Section 252J.3, unnumbered paragraph 1,
     3 21 Code 2005, is amended to read as follows:
     3 22    The unit shall proceed in accordance with this
     3 23 chapter only if the unit sends a notice is served on
     3 24 to the individual in accordance with rule of civil
     3 25 procedure 1.305 or notice is sent by certified mail
     3 26 addressed to the individual's last known address and
     3 27 served upon any person who may accept service under
     3 28 rule of civil procedure 1.305.  Return acknowledgment
     3 29 is required to prove service by certified by regular
     3 30 mail to the last known address of the individual.  The
     3 31 notice shall include all of the following:
     3 32    Sec.    .  Section 252J.3, subsections 4 and 5,
     3 33 Code 2005, are amended to read as follows:
     3 34    4.  A statement that if, within twenty days of
     3 35 service mailing of the notice on to the individual,
     3 36 the individual fails to contact the unit to schedule a
     3 37 conference, the unit shall issue a certificate of
     3 38 noncompliance, bearing the individual's name, social
     3 39 security number and unit case number, to any
     3 40 appropriate licensing authority, certifying that the
     3 41 obligor is not in compliance with a support order or
     3 42 an individual has not complied with a subpoena or
     3 43 warrant.
     3 44    5.  A statement that in order to stay the issuance
     3 45 of a certificate of noncompliance the request for a
     3 46 conference shall be in writing and shall be received
     3 47 by the unit within twenty days of service mailing of
     3 48 the notice on to the individual.
     3 49    Sec.    .  Section 252J.4, subsections 1, 2, and 6,
     3 50 Code 2005, are amended to read as follows:
     4  1    1.  The individual may schedule a conference with
     4  2 the unit following service mailing of the notice
     4  3 pursuant to section 252J.3, or at any time after
     4  4 service of notice of suspension, revocation, denial of
     4  5 issuance, or nonrenewal of a license from a licensing
     4  6 authority, to challenge the unit's actions under this
     4  7 chapter.
     4  8    2.  The request for a conference shall be made to
     4  9 the unit, in writing, and, if requested after service
     4 10 mailing of a the notice pursuant to section 252J.3,
     4 11 shall be received by the unit within twenty days
     4 12 following service mailing of the notice.
     4 13    6.  If the individual does not timely request a
     4 14 conference or does not comply with a subpoena or
     4 15 warrant or if the obligor does not pay the total
     4 16 amount of delinquent support owed within twenty days
     4 17 of service mailing of the notice pursuant to section
     4 18 252J.3, the unit shall issue a certificate of
     4 19 noncompliance.
     4 20    Sec.    .  Section 252J.6, subsection 1, unnumbered
     4 21 paragraph 1, Code 2005, is amended to read as follows:
     4 22    If an obligor is not in compliance with a support
     4 23 order or the individual is not in compliance with a
     4 24 subpoena or warrant pursuant to section 252J.2, the
     4 25 unit notifies mails a notice to the individual
     4 26 pursuant to section 252J.3, and the individual
     4 27 requests a conference pursuant to section 252J.4, the
     4 28 unit shall issue a written decision if any of the
     4 29 following conditions exists:
     4 30    Sec.    .  Section 600.16A, subsection 5, Code
     4 31 2005, is amended to read as follows:
     4 32    5.  Notwithstanding subsection 2, a termination of
     4 33 parental rights order issued pursuant to this chapter,
     4 34 section 600A.9 may, or any other chapter shall be
     4 35 disclosed to the child support recovery unit, upon
     4 36 request, without court order.
     4 37    Sec.    .  NULLIFICATION OF RULES.  The following
     4 38 rules are nullified:
     4 39    1.  441 IAC 98.22.
     4 40    2.  441 IAC 98.23.
     4 41    3.  441 IAC 98.33.
     4 42    4.  441 IAC 98.92.>
     4 43 #3.  Page 2, by inserting after line 30, the
     4 44 following:
     4 45    <Sec.    .  Section 252D.17, subsection 8, Code
     4 46 2005, is amended to read as follows:
     4 47    8.  If the payor knowingly fails to withhold income
     4 48 or to pay the amounts withheld to the collection
     4 49 services center or the clerk of court in accordance
     4 50 with the provisions of the order, the notice of the
     5  1 order, or the notification of payors of income
     5  2 provisions established in section 252B.13A, the payor
     5  3 commits a simple misdemeanor for a first offense and
     5  4 is liable for the accumulated amount which should have
     5  5 been withheld, together with costs, interest, and
     5  6 reasonable attorney fees related to the collection of
     5  7 the amounts due from the payor.  For each subsequent
     5  8 offense prescribed under this subsection, the payor
     5  9 commits a serious misdemeanor and is liable for the
     5 10 accumulated amount which should have been withheld,
     5 11 together with costs, interest, and reasonable attorney
     5 12 fees related to the collection of the amounts due from
     5 13 the payor.>
     5 14 #4.  Page 2, by inserting after line 30, the
     5 15 following:
     5 16    <Sec.    .  Section 598.22A, subsection 1,
     5 17 unnumbered paragraph 1, Code 2005, is amended to read
     5 18 as follows:
     5 19    For payment made pursuant to an order, the clerk of
     5 20 the district court or collection services center shall
     5 21 record a satisfaction as a credit on the official
     5 22 support payment record if its validity is confirmed by
     5 23 the court upon submission of an affidavit by the
     5 24 person entitled to receive the payment or upon
     5 25 submission of documentation of the financial
     5 26 instrument used in the payment of the support by the
     5 27 person ordered to pay support, after notice is given
     5 28 to all parties.>
     5 29 #5.  Title page, line 1, by inserting after the
     5 30 word <to> the following:  <child support recovery
     5 31 including access to information for the purposes of
     5 32 recovery and>.
     5 33 #6.  Title page, line 1, by inserting after the
     5 34 word <to> the following:  <child support including
     5 35 provisions relating to failure to withhold income or
     5 36 to pay the amounts withheld and to>.
     5 37 #7.  Title page, line 1, by inserting after the
     5 38 word <obligation> the following:  <and the
     5 39 satisfaction of support payments>.
     5 40 #8.  Title page, line 1, by inserting after the
     5 41 word <obligation> the following:  <and nullifying
     5 42 related administrative rules>.
     5 43 #9.  Title page, line 1, by inserting after the
     5 44 word <obligation> the following:  <and providing
     5 45 penalties>.
     5 46 #10.  By renumbering, relettering, or redesignating
     5 47 and correcting internal references as necessary.
     5 48 SF 350.H
     5 49 pf/es/25

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