Senate File 2237 - Introduced SENATE FILE 2237 BY SINCLAIR (COMPANION TO HF 2010 BY WOLFE) A BILL FOR An Act relating to the elimination of the child support 1 licensing sanctions process. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5537XS (1) 88 pf/rh
S.F. 2237 Section 1. Section 252B.1, Code 2020, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 7A. “Support” means support or support 3 payments as defined in section 252D.16, whether established 4 through court or administrative order. 5 NEW SUBSECTION . 7B. “Support order” means an order for 6 support issued pursuant to chapter 232, 234, 252A, 252C, 252D, 7 252E, 252F, 252H, 598, 600B, or any other applicable chapter, 8 or under a comparable statute of another state or foreign 9 country as registered with the clerk of the district court or 10 certified to the child support recovery unit. 11 Sec. 2. Section 252B.3, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. Upon receipt by the department of an application for 14 public assistance on behalf of a child and determination by the 15 department that the child is eligible for public assistance and 16 that provision of child support services is appropriate, the 17 department shall take appropriate action under the provisions 18 of this chapter or under other appropriate statutes of this 19 state including but not limited to chapters 239B , 252A , 252C , 20 252D , 252E , 252F , 252G , 252H , 252I , 252J , 598 , and 600B , to 21 ensure that the parent or other person responsible for the 22 support of the child fulfills the support obligation. The 23 department shall also take appropriate action as required by 24 federal law upon receiving a request from a child support 25 agency for a child receiving public assistance in another 26 state. 27 Sec. 3. Section 252B.5, subsection 12, paragraph a, Code 28 2020, is amended to read as follows: 29 a. In compliance with federal procedures, periodically 30 certify to the secretary of the United States department of 31 health and human services, a list of the names of obligors 32 determined by the unit to owe delinquent support, under a 33 support order as defined in section 252J.1 , in excess of 34 two thousand five hundred dollars. The certification of 35 -1- LSB 5537XS (1) 88 pf/rh 1/ 4
S.F. 2237 the delinquent amount owed may be based upon one or more 1 support orders being enforced by the unit if the delinquent 2 support owed exceeds two thousand five hundred dollars. The 3 certification shall include any amounts which are delinquent 4 pursuant to the periodic payment plan when a modified order has 5 been retroactively applied. The certification shall be in a 6 format and shall include any supporting documentation required 7 by the secretary. 8 Sec. 4. Section 252B.9, subsection 1, paragraph a, Code 9 2020, is amended to read as follows: 10 a. The director may request from state, county, and local 11 agencies information and assistance deemed necessary to carry 12 out the provisions of this chapter . State, county, and local 13 agencies, officers, and employees shall cooperate with the 14 unit and shall on request supply the department with available 15 information relative to the absent parent, the custodial 16 parent, and any other necessary party, notwithstanding any 17 provisions of law making this information confidential. The 18 cooperation and information required by this subsection shall 19 also be provided when it is requested by a child support 20 agency. Information required by this subsection includes, but 21 is not limited to, information relative to location, income, 22 property holdings, records of licenses as defined in section 23 252J.1 , and records concerning the ownership and control of 24 corporations, partnerships, and other business entities. If 25 the information is maintained in an automated database, the 26 unit shall be provided automated access. 27 Sec. 5. Section 252B.9, subsection 1, paragraph f, 28 subparagraph (6), Code 2020, is amended by striking the 29 subparagraph. 30 Sec. 6. Section 252B.9, subsection 4, Code 2020, is amended 31 to read as follows: 32 4. Nothing in this chapter , chapter 252A , 252C , 252D , 252E , 33 252F , 252G , 252H , 252I , 252J , or 252K , or any other comparable 34 chapter or law shall preclude the unit from exchanging any 35 -2- LSB 5537XS (1) 88 pf/rh 2/ 4
S.F. 2237 information, notice, document, or certification with any 1 government or private entity, if the exchange is not otherwise 2 prohibited by law, through mutually agreed upon electronic data 3 transfer rather than through other means. 4 Sec. 7. Section 252I.1, subsection 3, Code 2020, is amended 5 to read as follows: 6 3. “Court order” means “support order” as defined in 7 section 252J.1 an order for support issued pursuant to chapter 8 232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or 9 any other applicable chapter, or under a comparable statute 10 of another state or foreign country as registered with the 11 clerk of the district court or certified to the child support 12 recovery unit . 13 Sec. 8. Section 272D.1, subsection 2, Code 2020, is amended 14 to read as follows: 15 2. “Liability” means a debt or obligation placed with the 16 unit for collection that is greater than one thousand dollars. 17 For purposes of this chapter “liability” does not include 18 support payments collected pursuant to chapter 252J . 19 Sec. 9. Section 321.218, subsection 1, Code 2020, is amended 20 to read as follows: 21 1. A person whose driver’s license or operating privilege 22 has been denied, canceled, suspended, or revoked as provided 23 in this chapter or as provided in section 252J.8 , and who 24 operates a motor vehicle upon the highways of this state while 25 the license or privilege is denied, canceled, suspended, or 26 revoked, commits a simple misdemeanor. In addition to any 27 other penalties, the punishment imposed for a violation of 28 this subsection shall include assessment of a fine of not less 29 than two hundred fifty dollars nor more than one thousand five 30 hundred dollars. 31 Sec. 10. Section 321.218, subsection 3, paragraph a, Code 32 2020, is amended to read as follows: 33 a. The department, upon receiving the record of the 34 conviction of a person under this section upon a charge of 35 -3- LSB 5537XS (1) 88 pf/rh 3/ 4
S.F. 2237 operating a motor vehicle while the license of the person is 1 suspended or revoked, shall, except for licenses suspended 2 under section 252J.8, 321.210, subsection 1 , paragraph “a” , 3 subparagraph (3), or section 321.210A or 321.513 , extend the 4 period of suspension or revocation for an additional like 5 period or for one year, whichever period is shorter, and the 6 department shall not issue a new driver’s license to the person 7 during the extended period. 8 Sec. 11. REPEAL. Chapter 252J, Code 2020, is repealed. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill repeals Code chapter 252J (child support —— 13 licensing sanctions) and makes conforming changes throughout 14 the Code to reflect the repeal. The Code chapter allows the 15 child support recovery unit to sanction recreational, business, 16 industry, professional, occupational, and driver’s licenses, 17 and motor vehicle registrations, for payors of support for the 18 benefit of a child who owe three months’ worth of support or 19 more. 20 -4- LSB 5537XS (1) 88 pf/rh 4/ 4