SF 2237 (LSB 5537XS (1) 88)

SENATE FILE 2237

BY  SINCLAIR

(COMPANION TO HF 2010 BY WOLFE)

A BILL FOR

An Act relating to the elimination of the child support licensing sanctions process.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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