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Senate File 2237 - IntroducedA Bill ForAn Act 1relating to the elimination of the child support
2licensing sanctions process.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252B.1, Code 2020, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 7A. “Support” means support or support
4payments as defined in section 252D.16, whether established
5through court or administrative order.
6 NEW SUBSECTION. 7B. “Support order” means an order for
7support issued pursuant to chapter 232, 234, 252A, 252C, 252D,
8252E, 252F, 252H, 598, 600B, or any other applicable chapter,
9or under a comparable statute of another state or foreign
10country as registered with the clerk of the district court or
11certified to the child support recovery unit.
12 Sec. 2. Section 252B.3, subsection 1, Code 2020, is amended
13to read as follows:
141. Upon receipt by the department of an application for
15public assistance on behalf of a child and determination by the
16department that the child is eligible for public assistance and
17that provision of child support services is appropriate, the
18department shall take appropriate action under the provisions
19of this chapter or under other appropriate statutes of this
20state including but not limited to chapters 239B, 252A, 252C,
21252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
22ensure that the parent or other person responsible for the
23support of the child fulfills the support obligation. The
24department shall also take appropriate action as required by
25federal law upon receiving a request from a child support
26agency for a child receiving public assistance in another
27state.
28 Sec. 3. Section 252B.5, subsection 12, paragraph a, Code
292020, is amended to read as follows:
30a. In compliance with federal procedures, periodically
31certify to the secretary of the United States department of
32health and human services, a list of the names of obligors
33determined by the unit to owe delinquent support, under a
34support order as defined in section 252J.1, in excess of
35two thousand five hundred dollars. The certification of
-1-1the delinquent amount owed may be based upon one or more
2support orders being enforced by the unit if the delinquent
3support owed exceeds two thousand five hundred dollars. The
4certification shall include any amounts which are delinquent
5pursuant to the periodic payment plan when a modified order has
6been retroactively applied. The certification shall be in a
7format and shall include any supporting documentation required
8by the secretary.
9 Sec. 4. Section 252B.9, subsection 1, paragraph a, Code
102020, is amended to read as follows:
11a. The director may request from state, county, and local
12agencies information and assistance deemed necessary to carry
13out the provisions of this chapter. State, county, and local
14agencies, officers, and employees shall cooperate with the
15unit and shall on request supply the department with available
16information relative to the absent parent, the custodial
17parent, and any other necessary party, notwithstanding any
18provisions of law making this information confidential. The
19cooperation and information required by this subsection shall
20also be provided when it is requested by a child support
21agency. Information required by this subsection includes, but
22is not limited to, information relative to location, income,
23property holdings, records of licenses as defined in section
24252J.1, and records concerning the ownership and control of
25corporations, partnerships, and other business entities. If
26the information is maintained in an automated database, the
27unit shall be provided automated access.
28 Sec. 5. Section 252B.9, subsection 1, paragraph f,
29subparagraph (6), Code 2020, is amended by striking the
30subparagraph.
31 Sec. 6. Section 252B.9, subsection 4, Code 2020, is amended
32to read as follows:
334. Nothing in this chapter, chapter 252A, 252C, 252D, 252E,
34252F, 252G, 252H, 252I, 252J, or 252K, or any other comparable
35chapter or law shall preclude the unit from exchanging any
-2-1information, notice, document, or certification with any
2government or private entity, if the exchange is not otherwise
3prohibited by law, through mutually agreed upon electronic data
4transfer rather than through other means.
5 Sec. 7. Section 252I.1, subsection 3, Code 2020, is amended
6to read as follows:
73. “Court order” means “support order” as defined in
8section 252J.1 an order for support issued pursuant to chapter
9232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or
10any other applicable chapter, or under a comparable statute
11of another state or foreign country as registered with the
12clerk of the district court or certified to the child support
13recovery unit.
14 Sec. 8. Section 272D.1, subsection 2, Code 2020, is amended
15to read as follows:
162. “Liability” means a debt or obligation placed with the
17unit for collection that is greater than one thousand dollars.
18For purposes of this chapter “liability” does not include
19support payments collected pursuant to chapter 252J.
20 Sec. 9. Section 321.218, subsection 1, Code 2020, is amended
21to read as follows:
221. A person whose driver’s license or operating privilege
23has been denied, canceled, suspended, or revoked as provided
24in this chapter or as provided in section 252J.8, and who
25operates a motor vehicle upon the highways of this state while
26the license or privilege is denied, canceled, suspended, or
27revoked, commits a simple misdemeanor. In addition to any
28other penalties, the punishment imposed for a violation of
29this subsection shall include assessment of a fine of not less
30than two hundred fifty dollars nor more than one thousand five
31hundred dollars.
32 Sec. 10. Section 321.218, subsection 3, paragraph a, Code
332020, is amended to read as follows:
34a. The department, upon receiving the record of the
35conviction of a person under this section upon a charge of
-3-1operating a motor vehicle while the license of the person is
2suspended or revoked, shall, except for licenses suspended
3under section 252J.8, 321.210, subsection 1, paragraph “a”,
4subparagraph (3), or section 321.210A or 321.513, extend the
5period of suspension or revocation for an additional like
6period or for one year, whichever period is shorter, and the
7department shall not issue a new driver’s license to the person
8during the extended period.
9 Sec. 11. REPEAL. Chapter 252J, Code 2020, is repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill repeals Code chapter 252J (child support —
14licensing sanctions) and makes conforming changes throughout
15the Code to reflect the repeal. The Code chapter allows the
16child support recovery unit to sanction recreational, business,
17industry, professional, occupational, and driver’s licenses,
18and motor vehicle registrations, for payors of support for the
19benefit of a child who owe three months’ worth of support or
20more.
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2licensing sanctions process.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252B.1, Code 2020, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 7A. “Support” means support or support
4payments as defined in section 252D.16, whether established
5through court or administrative order.
6 NEW SUBSECTION. 7B. “Support order” means an order for
7support issued pursuant to chapter 232, 234, 252A, 252C, 252D,
8252E, 252F, 252H, 598, 600B, or any other applicable chapter,
9or under a comparable statute of another state or foreign
10country as registered with the clerk of the district court or
11certified to the child support recovery unit.
12 Sec. 2. Section 252B.3, subsection 1, Code 2020, is amended
13to read as follows:
141. Upon receipt by the department of an application for
15public assistance on behalf of a child and determination by the
16department that the child is eligible for public assistance and
17that provision of child support services is appropriate, the
18department shall take appropriate action under the provisions
19of this chapter or under other appropriate statutes of this
20state including but not limited to chapters 239B, 252A, 252C,
21252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
22ensure that the parent or other person responsible for the
23support of the child fulfills the support obligation. The
24department shall also take appropriate action as required by
25federal law upon receiving a request from a child support
26agency for a child receiving public assistance in another
27state.
28 Sec. 3. Section 252B.5, subsection 12, paragraph a, Code
292020, is amended to read as follows:
30a. In compliance with federal procedures, periodically
31certify to the secretary of the United States department of
32health and human services, a list of the names of obligors
33determined by the unit to owe delinquent support, under a
34support order as defined in section 252J.1, in excess of
35two thousand five hundred dollars. The certification of
-1-1the delinquent amount owed may be based upon one or more
2support orders being enforced by the unit if the delinquent
3support owed exceeds two thousand five hundred dollars. The
4certification shall include any amounts which are delinquent
5pursuant to the periodic payment plan when a modified order has
6been retroactively applied. The certification shall be in a
7format and shall include any supporting documentation required
8by the secretary.
9 Sec. 4. Section 252B.9, subsection 1, paragraph a, Code
102020, is amended to read as follows:
11a. The director may request from state, county, and local
12agencies information and assistance deemed necessary to carry
13out the provisions of this chapter. State, county, and local
14agencies, officers, and employees shall cooperate with the
15unit and shall on request supply the department with available
16information relative to the absent parent, the custodial
17parent, and any other necessary party, notwithstanding any
18provisions of law making this information confidential. The
19cooperation and information required by this subsection shall
20also be provided when it is requested by a child support
21agency. Information required by this subsection includes, but
22is not limited to, information relative to location, income,
23property holdings, records of licenses as defined in section
24252J.1, and records concerning the ownership and control of
25corporations, partnerships, and other business entities. If
26the information is maintained in an automated database, the
27unit shall be provided automated access.
28 Sec. 5. Section 252B.9, subsection 1, paragraph f,
29subparagraph (6), Code 2020, is amended by striking the
30subparagraph.
31 Sec. 6. Section 252B.9, subsection 4, Code 2020, is amended
32to read as follows:
334. Nothing in this chapter, chapter 252A, 252C, 252D, 252E,
34252F, 252G, 252H, 252I, 252J, or 252K, or any other comparable
35chapter or law shall preclude the unit from exchanging any
-2-1information, notice, document, or certification with any
2government or private entity, if the exchange is not otherwise
3prohibited by law, through mutually agreed upon electronic data
4transfer rather than through other means.
5 Sec. 7. Section 252I.1, subsection 3, Code 2020, is amended
6to read as follows:
73. “Court order” means “support order” as defined in
8section 252J.1 an order for support issued pursuant to chapter
9232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or
10any other applicable chapter, or under a comparable statute
11of another state or foreign country as registered with the
12clerk of the district court or certified to the child support
13recovery unit.
14 Sec. 8. Section 272D.1, subsection 2, Code 2020, is amended
15to read as follows:
162. “Liability” means a debt or obligation placed with the
17unit for collection that is greater than one thousand dollars.
18For purposes of this chapter “liability” does not include
19support payments collected pursuant to chapter 252J.
20 Sec. 9. Section 321.218, subsection 1, Code 2020, is amended
21to read as follows:
221. A person whose driver’s license or operating privilege
23has been denied, canceled, suspended, or revoked as provided
24in this chapter or as provided in section 252J.8, and who
25operates a motor vehicle upon the highways of this state while
26the license or privilege is denied, canceled, suspended, or
27revoked, commits a simple misdemeanor. In addition to any
28other penalties, the punishment imposed for a violation of
29this subsection shall include assessment of a fine of not less
30than two hundred fifty dollars nor more than one thousand five
31hundred dollars.
32 Sec. 10. Section 321.218, subsection 3, paragraph a, Code
332020, is amended to read as follows:
34a. The department, upon receiving the record of the
35conviction of a person under this section upon a charge of
-3-1operating a motor vehicle while the license of the person is
2suspended or revoked, shall, except for licenses suspended
3under section 252J.8, 321.210, subsection 1, paragraph “a”,
4subparagraph (3), or section 321.210A or 321.513, extend the
5period of suspension or revocation for an additional like
6period or for one year, whichever period is shorter, and the
7department shall not issue a new driver’s license to the person
8during the extended period.
9 Sec. 11. REPEAL. Chapter 252J, Code 2020, is repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill repeals Code chapter 252J (child support —
14licensing sanctions) and makes conforming changes throughout
15the Code to reflect the repeal. The Code chapter allows the
16child support recovery unit to sanction recreational, business,
17industry, professional, occupational, and driver’s licenses,
18and motor vehicle registrations, for payors of support for the
19benefit of a child who owe three months’ worth of support or
20more.
-4-pf/rh