Senate Amendment 5322
PAG LIN
1 1 Amend Senate File 2383, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 5, line 21, after <records> by inserting
1 4 <in order to obtain a telephone number and last known
1 5 address>
1 6 #2. Page 7, by striking line 6.
1 7 #3. Page 7, after line 27 by inserting:
1 8 <___. Assisting the director of revenue in
1 9 preparing the annual budget request related to the
1 10 office pursuant to section 8.23.
1 11 ___. Reporting annually to the department of
1 12 management and the legislative services agency on
1 13 additional full=time equivalent positions added during
1 14 the previous fiscal year and the direct and indirect
1 15 costs related to adding such full=time equivalent
1 16 positions.>
1 17 #4. Page 8, after line 3 by inserting:
1 18 <5. Personal identifying information or financial
1 19 information obtained by the state debt coordinator or a
1 20 designee shall not be divulged to any person or entity,
1 21 other than to the debtor, unless the information is
1 22 used in a matter related to the collection of a debt
1 23 obligation owed the state.>
1 24 #5. Page 8, by striking lines 12 and 13 and
1 25 inserting <where the civil action identified by the
1 26 state debt coordinator is filed and sends notice of
1 27 the lien to the debtor and to the debtor's attorney or
1 28 other representative, if applicable. To be effective
1 29 against>
1 30 #6. Page 8, line 16, after <representative.> by
1 31 inserting <The lien shall only be effective against the
1 32 monetary claim in the civil action against which the
1 33 lien is filed.>
1 34 #7. Page 8, line 30, before <The> by inserting
1 35 <The judicial branch shall cooperate with the state
1 36 debt coordinator to determine the most efficient way
1 37 to identify a debtor who has a claim against a third
1 38 party.>
1 39 #8. Page 8, line 33, after <state.> by inserting
1 40 <The debtor's attorney shall not have the
1 41 responsibility to notify the state that a debtor
1 42 has filed a civil action against a third party.>
1 43 #9. Page 8, line 35, by striking <monetary> and
1 44 inserting <actual>
1 45 #10. Page 9, by striking lines 5 through 12 and
1 46 inserting <of a negotiated settlement or verdict, if
1 47 actual notice of the lien has been provided in the
1 48 following manner:
1 49 a. The mailing and deposit in a United States post
1 50 office or public mailing box of the notice, addressed
2 1 to the debtor and to the debtor's attorney or other
2 2 representative, if applicable, at the location used for
2 3 service of original notice.
2 4 b. The mailing and deposit in a United States post
2 5 office or public mailing box of the notice, addressed
2 6 to a third party, at the location used for service of
2 7 original notice.>
2 8 #11. Page 9, by striking lines 13 through 20 and
2 9 inserting:
2 10 <5. a. Upon resolution of the civil action against
2 11 which a lien has been filed and actual notice of the
2 12 lien has been given, the court costs and reasonable
2 13 attorney fees and expenses, hospital liens filed
2 14 pursuant to chapter 582 and other subrogated medical
2 15 expenses shall first be deducted from any total
2 16 judgment or settlement obtained. At least one=third of
2 17 the remaining balance shall then be deducted and paid
2 18 to the debtor. From the remaining balance, the state
2 19 debt coordinator shall have the authority to negotiate
2 20 a settlement of any debt obligation owed the state that
2 21 is noted in the lien, including forgiving the entire
2 22 balance due, based upon the circumstances of the case,
2 23 costs incurred in pursuing the matter, and the element
2 24 of the damages awarded. After deducting payments in
2 25 accordance with this subsection and negotiating a
2 26 settlement of the lien, any payments to satisfy the
2 27 lien shall be paid to the state debt coordinator.
2 28 The state debt coordinator shall transfer any moneys
2 29 collected to the appropriate accounts to satisfy the
2 30 debt owed. The state debt coordinator has authority to
2 31 file a satisfaction of the lien.
2 32 b. In circumstances where a lien encompasses
2 33 multiple claims by state entities, the priority of
2 34 payment made to the state debt coordinator shall first
2 35 be a credit against tax due as provided in section
2 36 422.73, and the remaining balance shall be distributed
2 37 in accordance with section 8A.504, subsection 3.
2 38 c. During the negotiation process pursuant to
2 39 this section the state debt coordinator shall make a
2 40 determination whether the amount to be received by the
2 41 coordinator under paragraph "a" shall be considered as
2 42 full payment of the debt obligation owed the state. If
2 43 the state debt coordinator settles any debt obligation
2 44 owed the state that is for less than the actual
2 45 amount owed the state, the state debt coordinator may
2 46 determine that the debt obligation owed the state is
2 47 paid in full. If settlement is reached that is for
2 48 less than the amount of the debt obligation owed the
2 49 state, and the state debt coordinator notifies the
2 50 applicable state department, agency, or branch that the
3 1 debt obligation is paid in full, the state department,
3 2 agency, or branch receiving the notification shall
3 3 indicate in the records of the state department,
3 4 agency, or branch that the debt obligation owed the
3 5 department, agency, or branch is paid in full.>
3 6 #12. Page 9, line 26, by striking <attorney,>
3 7 #13. Page 9, line 28, after <claim.> by inserting
3 8 <For purposes of this section, "third party" does not
3 9 include a financial institution as defined in section
3 10 527.2.>
3 11 #14. Page 9, by striking lines 31 and 32 and
3 12 inserting <delinquent court debt obligations defined
3 13 pursuant to section 602.8107 and owed the state, except
3 14 as provided in subsection 3. "Eligible debt" includes
3 15 any interest and>
3 16 #15. Page 9, line 34, by striking <coordinator> and
3 17 inserting <state debt coordinator, in consultation with
3 18 the other branches of state government,>
3 19 #16. By striking page 9, line 35, through page 10,
3 20 line 2, and inserting <program.>
3 21 #17. Page 10, line 9, by striking <321.32A> and
3 22 inserting <321A.32A>
3 23 #18. Page 10, line 24, by striking <court> and
3 24 inserting <state debt coordinator>
3 25 #19. Page 10, by striking lines 31 through 35.
3 26 #20. Page 11, after line 1 by inserting:
3 27 <4A. A person paying a delinquent court debt
3 28 obligation through an established payment plan
3 29 with the clerk of the district court, with the
3 30 centralized collection unit of the department of
3 31 revenue or its designee, with a county attorney or
3 32 the county attorney's designee, or with a private
3 33 collection designee, is eligible for the debt
3 34 settlement program if the person and debt are eligible
3 35 and if the collecting entity is a debt settlement
3 36 collection designee as provided in section 421C.4.
3 37 The distribution of any moneys collected by the debt
3 38 settlement collection designee shall be as provided in
3 39 section 421C.4.>
3 40 #21. Page 11, after line 4 by inserting:
3 41 <___. Payment to the state debt coordinator under
3 42 the program shall be provided in a lump sum.>
3 43 #22. Page 11, line 13, by striking <case in which
3 44 the debt accrued> and inserting <eligible debt>
3 45 #23. Page 11, line 31, by striking <department of
3 46 revenue> and inserting <state debt coordinator>
3 47 #24. Page 12, line 12, by striking <program> and
3 48 inserting <program established by the state debt
3 49 coordinator>
3 50 #25. Page 13, line 17, by striking <two> and
4 1 inserting <four>
4 2 #26. Page 13, line 24, after <collected> by
4 3 inserting <and credited to the county>
4 4 #27. Page 14, by striking lines 31 through 34
4 5 and inserting <district court for a period of sixty
4 6 days one year. In addition, court debt which>
4 7 #28. Page 15, by striking line 4 and inserting <one
4 8 year. If a county attorney has filed with the clerk
4 9 of the district court a full commitment to collect
4 10 delinquent court debt pursuant to subsection 4, the
4 11 court debt in a case shall be assigned after sixty days
4 12 to the county attorney as provided in subsection 4,
4 13 if the court debt in a case has not been placed in an
4 14 established payment plan by the centralized collection
4 15 unit. For all other delinquent court debt not assigned
4 16 to a county attorney pursuant to subsection 4, the
4 17 delinquent court debt shall be assigned to a private
4 18 collection designee as provided in subsection 5, after
4 19 one year, if the delinquent court debt in a case has
4 20 not been placed in an established payment plan by the
4 21 centralized collection unit.>
4 22 #29. Page 16, lines 20 and 21, by striking
4 23 <sixty one hundred twenty days> and inserting <sixty
4 24 days one year>
4 25 #30. Page 17, by striking lines 2 through 7 and
4 26 inserting:
4 27 <Sec. ___. Section 909.3, Code 2009, is amended to
4 28 read as follows:
4 29 909.3 Payment in installments or on a fixed date.
4 30 1. All fines imposed by the court shall be paid on
4 31 the day the fine is imposed, and the person shall be
4 32 instructed to pay such fines with the office of the
4 33 clerk of the district court on the date of imposition.
4 34 2. a. The court may, in its discretion, order a
4 35 fine to be paid in installments, or may fix a date in
4 36 the future which is not more than one hundred twenty
4 37 days from the date the fine is imposed for the payment
4 38 of the fine, whenever it appears that the defendant
4 39 cannot make immediate payment, or should not be made
4 40 to do so.
4 41 For good cause, the court may order that the date
4 42 for payment of the fine be extended beyond one hundred
4 43 twenty days from the date the fine was imposed.
4 44 b. If the court orders the fine to be paid in
4 45 installments, the first installment payment shall be
4 46 made within thirty days of the fine being imposed.
4 47 All other terms and conditions of an installment
4 48 payment plan order pursuant to this section shall be
4 49 established by rule by the judicial branch.>
4 50 #31. Page 17, by striking lines 10 and 11 and
5 1 inserting <office of the state debt coordinator for a
5 2 period beginning September 1, 2010, through November
5 3 30, 2010, for any debt obligation eligible>
5 4 #32. Page 17, line 18, by striking <4, paragraph
5 5 "c"> and inserting <4A.>
5 6 #33. Page 17, line 20, by striking <director of
5 7 revenue> and inserting <state debt coordinator>
5 8 #34. Page 17, line 21, by striking <not more than>
5 9 and inserting <an amount equal to>
5 10 #35. Page 17, after line 22 by inserting:
5 11 <___. Payment to the state debt coordinator under
5 12 the program shall be provided in a lump sum.>
5 13 #36. Page 17, line 24, by striking <the agreed upon
5 14 percentage> and inserting <an amount equal to fifty
5 15 percent>
5 16 #37. Page 18, line 13, by striking <department of
5 17 revenue> and inserting <state debt coordinator>
5 18 #38. Page 18, line 21, by striking <director> and
5 19 inserting <state debt coordinator>
5 20 #39. Page 18, line 23, by striking <director> and
5 21 inserting <state debt coordinator>
5 22 #40. Page 18, line 34, before <program> by inserting
5 23 <debt amnesty>
5 24 #41. Page 19, line 2, by striking <department of
5 25 revenue> and inserting <state debt coordinator>
5 26 #42. Page 20, line 2, by striking <enacting> and
5 27 inserting <amending or enacting>
5 28 #43. Page 20, line 3, by striking <421C.3 and
5 29 421C.4> and inserting <321.40, 321.152, 321.153,
5 30 421.17, 421C.3, 421C.4, 422.20, and 422.72>
5 31 #44. Page 20, after line 3 by inserting:
5 32 <Sec. ___. EFFECTIVE UPON ENACTMENT. The section
5 33 of this Act enacting 421C.1 and the section of this
5 34 Act enacting the debt amnesty program, being deemed of
5 35 immediate importance, takes effect upon enactment.>
ROBERT E. DVORSKY
SF2383.2750 (3) 83
jm/sc
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