Bill Text: IA HF2008 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to child support licensing sanctions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-11 - Passed subcommittee. [HF2008 Detail]
Download: Iowa-2013-HF2008-Introduced.html
House
File
2008
-
Introduced
HOUSE
FILE
2008
BY
HESS
A
BILL
FOR
An
Act
relating
to
child
support
licensing
sanctions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
252J.2,
subsection
2,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
An
obligor
is
subject
to
the
provisions
of
this
chapter
3
if
the
obligor’s
support
obligation
is
being
enforced
by
the
4
unit,
if
the
support
payments
required
by
a
support
order
to
5
be
paid
to
the
clerk
of
the
district
court
or
the
collection
6
services
center
pursuant
to
section
598.22
are
not
paid
and
7
become
delinquent
in
an
amount
equal
to
the
support
payment
8
for
three
two
months,
and
if
the
obligor’s
situation
meets
9
other
criteria
specified
under
rules
adopted
by
the
department
10
pursuant
to
chapter
17A
.
The
criteria
specified
by
rule
shall
11
include
consideration
of
the
length
of
time
since
the
obligor’s
12
last
support
payment
and
the
total
amount
of
support
owed
by
13
the
obligor.
14
Sec.
2.
Section
252J.4,
subsection
4,
paragraph
b,
Code
15
2014,
is
amended
to
read
as
follows:
16
b.
The
unit
finds
a
mistake
in
determining
that
the
amount
17
of
delinquent
support
is
equal
to
or
greater
than
three
two
18
months.
19
Sec.
3.
Section
252J.6,
subsection
3,
paragraph
c,
Code
20
2014,
is
amended
to
read
as
follows:
21
c.
The
unit
or
the
court
finds
a
mistake
in
determining
that
22
the
amount
of
delinquent
support
due
is
equal
to
or
greater
23
than
three
two
months.
24
Sec.
4.
NEW
SECTION
.
252J.10
Repeated
noncompliance
with
25
support
obligation
——
automatic
issuance
of
certificate
of
26
noncompliance.
27
1.
Notwithstanding
any
provision
of
this
chapter
to
28
the
contrary,
if
an
obligor
is
subject
to
this
chapter
as
29
established
in
section
252J.2,
subsection
2,
paragraph
“a”
,
and
30
the
delinquency
in
payment
of
the
obligor’s
support
obligation
31
constitutes
the
third
instance
in
a
consecutive
five-year
32
period
that
the
obligor
would
be
subject
to
potential
sanction
33
of
a
license
pursuant
to
section
252J.3,
all
of
the
following
34
shall
apply:
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a.
(1)
In
lieu
of
issuance
of
the
notice
under
section
1
252J.3,
the
unit
shall
issue
a
notice
to
the
obligor
that
the
2
unit
is
automatically
issuing
a
certificate
of
noncompliance
to
3
any
appropriate
licensing
authority
identified
in
the
notice
4
for
suspension,
revocation,
or
denial
of
the
issuance
or
5
renewal
of
any
appropriate
license.
6
(2)
The
notice
shall
inform
the
obligor
that
the
provisions
7
of
this
chapter
to
the
contrary
do
not
apply,
that
the
actions
8
initiated
by
the
unit
under
this
subsection
shall
not
be
9
subject
to
contested
case
proceedings
or
further
review
10
pursuant
to
chapter
17A,
that
notwithstanding
section
17A.18,
11
the
obligor
does
not
have
a
right
to
a
hearing
before
the
12
licensing
authority
to
contest
the
authority’s
actions
under
13
this
section,
but
that
the
obligor
may
request
a
court
hearing
14
as
provided
in
this
section
and
any
such
court
hearing
shall
be
15
an
original
hearing
before
the
district
court.
16
(3)
Following
issuance
of
the
notice
to
the
obligor
under
17
this
paragraph
“a”
,
the
unit
shall
issue
the
certificate
18
of
noncompliance
to
the
appropriate
licensing
authority
19
and
the
licensing
authority
shall
automatically
suspend,
20
revoke,
or
deny
issuance
or
renewal
of
the
respective
license
21
notwithstanding
any
rules
and
procedures
for
suspension,
22
revocation,
or
denial
of
the
issuance
or
renewal
of
a
license
23
to
the
contrary.
24
b.
If
the
obligor
decides
to
request
a
court
hearing,
all
25
of
the
following
shall
apply:
26
(1)
The
obligor
may
seek
review
of
the
issuance
of
27
the
certificate
of
noncompliance
and
the
license
sanction
28
implemented
by
the
licensing
authority
and
request
a
hearing
29
before
the
district
court
in
the
county
in
which
the
underlying
30
support
order
is
filed,
by
filing
an
application
with
the
31
district
court
and
sending
a
copy
of
the
application
to
the
32
unit
by
regular
mail.
33
(2)
An
application
shall
be
filed
no
later
than
within
34
thirty
days
after
the
issuance
of
the
notice
by
the
unit
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pursuant
to
paragraph
“a”
.
The
clerk
of
the
district
court
1
shall
schedule
a
hearing
and
mail
a
copy
of
the
order
2
scheduling
the
hearing
to
the
obligor
and
the
unit
and
shall
3
also
mail
a
copy
of
the
order
to
the
licensing
authority,
if
4
applicable.
The
unit
shall
certify
a
copy
of
the
certificate
5
of
noncompliance,
indicating
the
date
of
issuance,
prior
to
the
6
hearing.
7
(3)
The
filing
of
an
application
pursuant
to
this
paragraph
8
“b”
shall
not
stay
the
actions
of
a
licensing
authority
9
under
this
section.
The
hearing
on
the
application
shall
be
10
scheduled
and
held
within
thirty
days
of
the
filing
of
the
11
application.
12
(4)
The
scope
of
review
by
the
district
court
shall
be
13
limited
to
demonstration
of
a
mistake
of
fact
relating
to
the
14
delinquency
of
the
obligor.
Issues
related
to
visitation,
15
custody,
or
other
provisions
not
related
to
the
support
16
provisions
of
a
support
order
are
not
grounds
for
a
hearing
17
under
this
section.
18
(5)
A
support
order
shall
not
be
modified
by
the
court
in
19
a
hearing
under
this
chapter.
20
(6)
If
the
court
finds
that
the
unit
was
in
error
in
21
issuing
a
certificate
of
noncompliance,
the
unit
shall
issue
22
a
withdrawal
of
the
certificate
of
noncompliance
to
the
23
appropriate
licensing
authority.
24
c.
If
an
obligor
is
subject
to
suspension
or
revocation
of
25
a
license
or
is
denied
the
issuance
or
renewal
of
a
license
as
26
the
result
of
the
issuance
of
a
certificate
of
noncompliance
27
under
this
subsection,
the
unit
may
issue
a
withdrawal
of
the
28
certificate
of
noncompliance
to
the
appropriate
licensing
29
authority
only
upon
payment
by
the
obligor
of
the
total
amount
30
of
delinquent
support
owed.
31
2.
a.
If
an
obligor
subject
to
license
sanction
under
32
subsection
1,
for
which
the
court
does
not
find
the
unit
to
be
33
in
error
under
subsection
1,
paragraph
“b”
,
subsequently
fails
34
to
comply
with
a
support
order
and
becomes
delinquent
in
an
35
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amount
equal
to
the
support
payment
for
two
months,
in
lieu
1
of
issuance
of
a
notice
under
section
252J.3
or
subsection
1
2
of
this
section,
the
unit
shall
issue
a
notice
to
the
obligor
3
that
the
unit
is
automatically
issuing
a
certificate
of
4
noncompliance
to
any
appropriate
licensing
authority
identified
5
in
the
notice
for
revocation
or
denial
of
the
issuance
or
6
renewal
of
any
appropriate
license.
7
b.
The
notice
shall
inform
the
obligor
that
the
provisions
8
of
this
chapter
to
the
contrary
do
not
apply,
that
the
actions
9
initiated
by
the
unit
under
this
subsection
shall
not
be
10
subject
to
contested
case
proceedings
or
further
review
11
pursuant
to
chapter
17A,
that
notwithstanding
section
17A.18,
12
the
obligor
does
not
have
a
right
to
a
hearing
before
the
13
licensing
authority
to
contest
the
authority’s
actions
under
14
this
section,
and
that
the
actions
initiated
under
this
15
subsection
are
not
subject
to
judicial
review.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
includes
provisions
relating
to
child
support
20
license
sanctions
under
Code
chapter
252J.
21
Currently,
an
obligor
is
subject
to
license
sanctions
if
the
22
support
payments
required
by
a
support
order
are
not
paid
by
23
the
obligor
and
become
delinquent
in
an
amount
equal
to
the
24
support
payment
for
three
months.
The
bill
would
reduce
this
25
to
an
amount
equal
to
the
support
payment
for
two
months.
26
The
bill
also
provides
that
if
an
obligor
is
subject
to
27
license
sanctions
for
a
third
time
in
a
consecutive
five-year
28
period,
in
lieu
of
the
existing
procedure
for
license
sanctions
29
which
includes
the
opportunity
to
schedule
a
conference
with
30
the
child
support
recovery
unit
(unit)
and
to
enter
a
written
31
agreement
for
payment,
the
unit
will
instead
send
a
notice
to
32
the
obligor
that
the
obligor
is
subject
to
license
sanctions,
33
and
that
the
only
opportunity
to
challenge
the
unit’s
actions
34
is
by
requesting
a
district
court
hearing.
The
actions
of
35
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the
licensing
authority
are
not
stayed
upon
filing
of
the
1
application
for
a
hearing.
The
scope
of
review
by
the
district
2
court
is
limited
to
demonstration
of
a
mistake
of
fact
relating
3
to
the
delinquency
of
the
obligor.
If
the
court
finds
that
the
4
unit
was
in
error,
the
unit
is
required
to
issue
a
withdrawal
5
of
a
certificate
of
noncompliance
to
the
appropriate
licensing
6
authority.
If
the
obligor
is
subject
to
revocation
or
7
suspension
of
a
license
or
is
denied
the
issuance
or
renewal
of
8
a
license,
the
unit
may
issue
a
withdrawal
of
the
certificate
9
of
noncompliance
to
the
appropriate
licensing
authority
only
10
upon
payment
by
the
obligor
of
the
total
amount
of
delinquent
11
support
owed.
12
The
bill
also
provides
that
subsequent
to
a
license
sanction
13
that
is
based
on
the
obligor
being
subject
to
a
third
license
14
sanction
in
a
consecutive
five-year
period,
if
an
obligor
15
fails
to
comply
with
a
support
order
and
becomes
delinquent
16
in
an
amount
equal
to
the
support
payment
for
two
months,
17
the
unit
shall
issue
a
notice
to
the
obligor
that
the
unit
18
is
automatically
issuing
a
certificate
of
noncompliance
to
19
any
appropriate
licensing
authority
identified
in
the
notice
20
for
revocation
or
denial
of
the
issuance
or
renewal
of
any
21
appropriate
license.
The
notice
is
to
inform
the
obligor
that
22
no
opportunity,
including
the
opportunity
for
judicial
review,
23
exists
to
challenge
the
actions
initiated
by
the
unit.
24
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