Senate File 319 - Enrolled




                                         SENATE FILE 319

                             AN ACT
 RELATING TO CHILD SUPPORT ENFORCEMENT INCLUDING WITHHOLDING OF
    AN EMPLOYEE'S COMPENSATION BY AN EMPLOYER FOR SUPPORT OF A
    CHILD UNDER A SUPPORT ORDER, PROTECTION OF CHILD SUPPORT
    INFORMATION, ANNUAL COLLECTIONS FEES, AND THE POTENTIAL
    CHARGING OF INTEREST ON OVERDUE CHILD SUPPORT PAYMENTS,
    AND PROVIDING AN EFFECTIVE DATE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

                           DIVISION I
              WITHHOLDING OF EMPLOYEE COMPENSATION
    Section 1.  Section 252D.18A, subsection 4, Code 2009, is
 amended to read as follows:
    4.  The payor shall identify and report payments by the
 obligor's name, account number, amount, and date withheld
 pursuant to section 252D.17.  Until October 1, 1999, if
 payments for multiple obligees are combined, the portion of
 the payment attributable to each obligee shall be specifically
 identified.  Beginning October 1, 1999, if If payments for
 multiple obligees are combined, the portion of the payment
 attributable to each obligee shall be specifically identified
 only if the payor is directed to do so by the child support
 recovery unit.
    Sec. 2.  Section 252E.5, subsection 3, Code 2009, is
 amended to read as follows:
    3.  The employer shall withhold from the employee's
 compensation, the employee's share, if any, of premiums for
 the health benefit plan in an amount that does not exceed the
 amount specified in the national medical support notice or
 order or the amount specified in 15 U.S.C. } 1673(b) and which
 is consistent with federal law.  The employer shall forward
 the amount withheld to the insurer.
    Sec. 3.  2007 Iowa Acts, chapter 218, sections 162 and 167,
 are repealed.
                           DIVISION II
              CHILD SUPPORT ENFORCEMENT INFORMATION
    Sec. 4.  Section 252B.5, subsection 9, paragraph b,
 unnumbered paragraph 1, Code 2009, is amended to read as
 follows:
    Notwithstanding section 252B.9, the The unit may forward
 information to the department of administrative services as
 necessary to implement this subsection, including but not
 limited to both of the following:
    Sec. 5.  Section 252B.9, subsection 2, unnumbered paragraph
 1, Code 2009, is amended to read as follows:
    Notwithstanding other statutory provisions to the contrary,
 including but not limited to chapters 22 and 217, as the
 chapters relate to confidentiality of records maintained by
 the department, the payment records of the collection services
 center maintained under section 252B.13A are public records
 may be released, except when prohibited by federal law or
 regulation, only as follows:
    Sec. 6.  Section 252B.9, subsection 2, paragraph a, Code
 2009, is amended to read as follows:
    a.  Payment records of the collection services center which
 are maintained pursuant to chapter 598 are public records and
 may be released upon request for the administration of a plan
 or program approved under Title IV, XIX, or XXI of the federal
 Social Security Act, as amended, and as otherwise permitted
 under Title IV=D of the federal Social Security Act, as
 amended.  Payment records of the clerk of the district court,
 to which the department has access to meet the requirements of
 a state disbursement unit, are also public records and may be
 released upon request.  A payment record shall not include
 address or location information.
    Sec. 7.  Section 252B.9, subsection 2, paragraph b,
 unnumbered paragraph 1, Code 2009, is amended to read as
 follows:
    Except as otherwise provided in subsection 1, the The
 department shall not may release details related to payment
 records or provide alternative formats for release of the
 information, with the following additional exceptions for the
 administration of a plan or program under Title IV=D of the
 federal Social Security Act, as amended, including as follows:
    Sec. 8.  Section 252B.9, subsection 2, paragraph b,
 subparagraph (1), Code 2009, is amended to read as follows:
    (1)  The unit or collection services center may provide
 additional detail or present the information in an alternative
 format to an individual or to the individual's legal
 representative if the individual owes or is owed a support
 obligation, to an agency assigned the obligation as the result
 of receipt by a party of public assistance, to an agency
 charged with enforcing child support pursuant to Title IV=D of
 the federal Social Security Act, as amended, or to the court.
    Sec. 9.  Section 252B.9, subsection 3, paragraph e, Code
 2009, is amended to read as follows:
    e.  Information may be released if directly connected with
 any of the following:
    (1)  The administration of the a plan or program approved
 under Title I, IV=A, IV=B, IV=D, IV=E, X, XIV, XVI, IV, XIX,
 or XX XXI, or the supplemental security income program
 established under Title XVI, of the federal Social Security
 Act, as amended.
    (2)  Any investigations, prosecutions, or criminal or civil
 proceeding conducted in connection with the administration of
 any such plan or program.
    (3)  The administration of any other federal or federally
 assisted program which provides assistance in cash or in kind
 or provides services, directly to individuals on the basis of
 need.
    (4)  (3)  Reporting to an appropriate agency or official of
 any such plan or program, information on known or suspected
 instances of physical or mental injury, sexual abuse or
 exploitation, or negligent treatment or maltreatment of a
 child who is the subject of a child support enforcement action
 under circumstances which indicate that the child's health or
 welfare is threatened.
    Sec. 10.  Section 252B.9, subsection 3, paragraph g, Code
 2009, is amended to read as follows:
    g.  The child support recovery unit shall may release
 information relating to an absent parent to another unit of
 the department pursuant to a written request for the
 information approved by the director or the director's
 designee for the administration of a plan or program approved
 under Title IV, XIX, or XXI of the federal Social Security
 Act, as amended, specified under subsection 2 or this
 subsection, to the extent the release of information does not
 interfere with the unit meeting its own obligations under
 Title IV-D of the federal Social Security Act, as amended, and
 subject to requirements prescribed by the federal office of
 child support enforcement of the United States department of
 health and human services.
    Sec. 11.  Section 252B.9A, subsection 1, Code 2009, is
 amended to read as follows:
    1.  A person, except a court or government agency, who is
 an authorized person to receive specified confidential
 information under 42 U.S.C. } 653, may submit a written
 request to the unit for disclosure of specified confidential
 information regarding a nonrequesting party.  The written
 request shall comply with federal law and regulations,
 including any evidence and any payment to the federal office
 of child support enforcement of the United States department
 of health and human services required by federal law or
 regulation, and shall include a sworn statement attesting to
 the reason why the requester is an authorized person under 42
 U.S.C. } 653, including that the requester would use the
 confidential information only for purposes permitted in that
 section.
    Sec. 12.  Section 252G.5, subsections 2 and 3, Code 2009,
 are amended to read as follows:
    2.  State agencies as specified under 42 U.S.C. } 653A
 which utilize income information for the determination of
 eligibility or calculation of payments for benefit or
 entitlement payments unless prohibited under federal law.
    3.  State agencies which utilize income information for the
 recoupment of debts to the state operating employment security
 and workers' compensation programs for the purposes of
 administering such programs unless prohibited under federal
 law.
    Sec. 13.  Section 598.22, subsection 3, Code 2009, is
 amended to read as follows:
    3.  An order or judgment entered by the court for temporary
 or permanent support or for income withholding shall be filed
 with the clerk.  The orders have the same force and effect as
 judgments when entered in the judgment docket and lien index
 and are records open to the public.  Unless otherwise provided
 by federal law, if it is possible to identify the support
 order to which a payment is to be applied, and if sufficient
 information identifying the obligee is provided, the clerk or
 the collection services center, as appropriate, shall disburse
 the payments received pursuant to the orders or judgments
 within two working days of the receipt of the payments.  All
 moneys received or disbursed under this section shall be
 entered in records kept by the clerk, or the collection
 services center, as appropriate, which and the records kept by
 the clerk shall be available to the public.  The clerk or the
 collection services center shall not enter any moneys paid in
 the record book if not paid directly to the clerk or the
 center, as appropriate, except as provided for trusts and
 federal social security disability payments in this section,
 and for tax refunds or rebates in section 602.8102, subsection
 47.
    Sec. 14.  Section 598.26, subsection 1, Code 2009, is
 amended to read as follows:
    1.  Until a decree of dissolution has been entered, the
 record and evidence shall be closed to all but the court, its
 officers, and the child support recovery unit of the
 department of human services pursuant to section 252B.9.
 However, the payment records of a temporary support order,
 whether maintained by the clerk of the district court or the
 department of human services, are public records and may be
 released upon request.  Payment records shall not include
 address or location information.  No other person shall permit
 a copy of any of the testimony, or pleading, or the substance
 thereof of any testimony or pleading, to be made available to
 any person other than a party to the action or a party's
 attorney.  Nothing in this subsection shall be construed to
 prohibit publication of the original notice as provided by the
 rules of civil procedure.
    Sec. 15.  EFFECTIVE DATE.  This division of this Act takes
 effect March 23, 2009.
                          DIVISION III
          CHILD SUPPORT RECOVERY UNIT COLLECTIONS FEES
    Sec. 16.  Section 252B.5, subsection 13, paragraph a, Code
 2009, is amended to read as follows:
    a.  Beginning October 1, 2007, implement the provision of
 the federal Deficit Reduction Act of 2005, Pub. L. No. 109=171
 } 7310, requiring an annual collections fee of twenty=five
 dollars in child support cases in which the family has never
 received assistance under Title IV=A of the federal Social
 Security Act for whom the unit has collected disbursed at
 least five hundred dollars.  After When the first five hundred
 dollars in support is collected disbursed in each federal
 fiscal year for a family, the fee shall be collected from the
 obligor obligee by retaining twenty=five dollars from
 subsequent collections disbursements to the obligee.  If five
 hundred dollars but less than five hundred twenty=five dollars
 is collected disbursed in any federal fiscal year, any unpaid
 portion of the annual fee shall not accumulate and is not due.
 Any amount retained to pay the twenty=five dollar fee shall
 not reduce the amount of support due under the support order.
 The unit shall send information regarding the requirements of
 this subsection by regular mail to the last known address of
 an affected obligor or obligee, or may include the information
 for an obligee in an application for services signed by the
 obligee.  In addition, the unit shall take steps necessary
 regarding the fee to qualify for federal funds in conformity
 with the provisions of Title IV=D of the federal Social
 Security Act, including receiving and accounting for fee
 payments, as appropriate, through the collection services
 center created in section 252B.13A.
    Sec. 17.  Section 252B.5, subsection 13, paragraph c, Code
 2009, is amended by striking the paragraph and inserting in
 lieu thereof the following:
    c.  Until such time as a methodology to secure payment of
 the collections fee from the obligor is provided by law, an
 obligee may act pursuant to this paragraph to recover the
 collections fee from the obligor.  If the unit retains all or
 a portion of the collections fee imposed pursuant to paragraph
 "a" in a federal fiscal year, there is an automatic nonsupport
 judgment, in an amount equal to the amount retained, against
 the obligor payable to the obligee.  This paragraph shall
 serve as constructive notice that the fee amount, once
 retained, is an automatic nonsupport judgment against the
 obligor.  The obligee may use any legal means, including the
 lien created by the nonsupport judgment, to collect the
 nonsupport judgment.
    Sec. 18.  CHILD SUPPORT COLLECTIONS FEE == METHODOLOGY.
 The department of human services shall seek a federally
 approved, cost=effective methodology to secure payment of the
 collections fee imposed pursuant to section 252B.5, subsection
 13, paragraph "a", from the obligor.  The department shall
 report options for such a methodology to the general assembly
 by December 15, 2009.
                           DIVISION IV
               CHILD SUPPORT COLLECTIONS INTEREST
    Sec. 19.  INTEREST ON CHILD SUPPORT COLLECTIONS.  The
 department of human services shall perform a cost=benefit
 analysis of calculating interest on overdue child support
 payments enforced by the child support recovery unit.  The
 department shall report its findings to the general assembly
 by December 15, 2009.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 319, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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