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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