Bill Text: IA HF511 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the application fee and annual fee imposed for nonassistance child support cases. (Formerly HSB 69; See HF 739.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-23 - Withdrawn. H.J. 980. [HF511 Detail]
Download: Iowa-2019-HF511-Introduced.html
House
File
511
-
Introduced
HOUSE
FILE
511
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
69)
A
BILL
FOR
An
Act
relating
to
the
application
fee
and
annual
fee
imposed
1
for
nonassistance
child
support
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
252B.4,
Code
2019,
is
amended
to
read
as
1
follows:
2
252B.4
Nonassistance
cases.
3
1.
The
child
support
and
paternity
determination
services
4
established
by
the
department
pursuant
to
this
chapter
and
5
other
appropriate
services
provided
by
law
including
but
6
not
limited
to
the
provisions
of
chapters
239B
,
252A
,
252C
,
7
252D
,
252E
,
252F
,
598
,
and
600B
shall
be
made
available
by
8
the
unit
to
an
individual
not
otherwise
eligible
as
a
public
9
assistance
recipient
upon
application
by
the
individual
for
the
10
services
or
upon
referral
as
described
in
subsection
5
4
.
The
11
application
shall
be
filed
with
the
department.
12
1.
The
director
shall
require
an
application
fee
of
13
twenty-five
dollars.
14
2.
The
director
may
collect
a
fee
to
cover
the
costs
15
incurred
by
the
department
for
service
of
process,
genetic
16
testing
and
court
costs
if
the
entity
providing
the
service
17
charges
a
fee
for
the
services.
18
3.
Fees
collected
pursuant
to
this
section
shall
be
19
considered
repayment
receipts,
as
defined
in
section
8.2
,
and
20
shall
be
used
for
the
purposes
of
the
unit.
The
director
or
a
21
designee
shall
keep
an
accurate
record
of
the
fees
collected
22
and
expended.
23
4.
An
application
fee
paid
by
a
recipient
of
services
24
pursuant
to
subsection
1
may
be
recovered
by
the
unit
from
the
25
person
responsible
for
payment
of
support
and
if
recovered
26
shall
be
used
to
reimburse
the
recipient
of
services.
27
a.
The
fee
shall
be
an
automatic
judgment
against
the
person
28
responsible
to
pay
support.
29
b.
This
subsection
shall
serve
as
constructive
notice
that
30
the
fee
is
a
debt
due
and
owing,
is
an
automatic
judgment
31
against
the
person
responsible
for
support,
and
is
assessed
32
as
the
fee
is
paid
by
a
recipient
of
services.
The
fee
may
33
be
collected
in
addition
to
any
support
payments
or
support
34
judgment
ordered,
and
no
further
notice
or
hearing
is
required
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prior
to
collecting
the
fee.
1
c.
Notwithstanding
any
provision
to
the
contrary,
the
unit
2
may
collect
the
fee
through
any
legal
means
by
which
support
3
payments
may
be
collected,
including
but
not
limited
to
income
4
withholding
under
chapter
252D
or
income
tax
refund
offsets,
5
unless
prohibited
under
federal
law.
6
d.
The
unit
is
not
required
to
file
these
judgments
with
7
the
clerk
of
the
district
court,
but
shall
maintain
an
accurate
8
accounting
of
the
fee
assessed,
the
amount
of
the
fee,
and
the
9
recovery
of
the
fee.
10
e.
Support
payments
collected
shall
not
be
applied
to
the
11
recovery
of
the
fee
until
all
other
support
obligations
under
12
the
support
order
being
enforced,
which
have
accrued
through
13
the
end
of
the
current
calendar
month,
have
been
paid
or
14
satisfied
in
full.
15
f.
This
subsection
applies
to
fees
that
become
due
on
or
16
after
July
1,
1992.
17
5.
4.
The
unit
shall
also
provide
child
support
and
18
paternity
determination
services
and
shall
respond
as
provided
19
in
federal
law
for
an
individual
not
otherwise
eligible
as
a
20
public
assistance
recipient
if
the
unit
receives
a
request
from
21
any
of
the
following:
22
a.
A
child
support
agency.
23
b.
A
foreign
country
as
defined
in
chapter
252K
.
24
Sec.
2.
Section
252B.5,
subsection
13,
paragraph
a,
Code
25
2019,
is
amended
to
read
as
follows:
26
a.
Beginning
October
1,
2007,
implement
the
provision
of
27
the
federal
Deficit
Reduction
Act
of
2005,
Pub.
L.
No.
109-171,
28
§7310,
requiring
an
annual
collections
fee
of
twenty-five
29
dollars
in
child
support
cases
in
which
the
family
has
never
30
received
assistance
under
Tit.
IV-A
of
the
federal
Social
31
Security
Act
for
whom
the
unit
has
disbursed
at
least
five
32
hundred
dollars.
When
the
first
five
hundred
dollars
in
33
support
is
disbursed
in
each
federal
fiscal
year
for
a
family,
34
the
fee
shall
be
collected
from
the
obligee
by
retaining
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twenty-five
dollars
from
disbursements
to
the
obligee.
If
five
1
hundred
dollars
but
less
than
five
hundred
twenty-five
dollars
2
is
disbursed
in
any
federal
fiscal
year,
any
unpaid
portion
of
3
the
annual
fee
shall
not
accumulate
and
is
not
due.
Impose
4
an
annual
fee,
which
shall
be
retained
from
support
collected
5
on
behalf
of
the
obligee,
in
accordance
with
42
U.S.C.
6
§654(6)(B)(ii).
The
unit
shall
send
information
regarding
7
the
requirements
of
this
subsection
by
regular
mail
to
the
8
last
known
address
of
an
affected
obligee,
or
may
include
the
9
information
for
an
obligee
in
an
application
for
services
10
signed
by
the
obligee.
In
addition,
the
unit
shall
take
steps
11
necessary
regarding
the
fee
to
qualify
for
federal
funds
in
12
conformity
with
the
provisions
of
Tit.
IV-D
of
the
federal
13
Social
Security
Act,
including
receiving
and
accounting
for
14
fee
payments,
as
appropriate,
through
the
collection
services
15
center
created
in
section
252B.13A
.
16
Sec.
3.
Section
252H.5,
subsections
1
and
4,
Code
2019,
are
17
amended
to
read
as
follows:
18
1.
A
Unless
the
unit
is
already
providing
support
19
enforcement
service
pursuant
to
chapter
252B,
a
parent
ordered
20
to
provide
support,
who
requests
a
review
of
a
support
order
21
under
subchapter
II
,
shall
file
an
application
for
services
and
22
pay
an
application
fee
pursuant
to
section
252B.4
.
23
4.
The
unit
shall,
consistent
with
applicable
federal
24
law,
recover
administrative
costs
in
excess
of
any
fees
25
collected
pursuant
to
subsections
1,
2
,
and
3
for
providing
26
services
under
this
chapter
and
shall
adopt
rules
providing
for
27
collection
of
fees
for
administrative
costs.
28
Sec.
4.
ADMINISTRATIVE
RULES
——
TRANSITION.
Until
such
29
time
as
the
department
of
human
services
adopts
administrative
30
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
31
Act,
the
child
support
recovery
unit
may
accept
applications
32
for
child
support
services
in
accordance
with
chapter
252B,
as
33
amended
in
this
Act.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
fees
for
services
provided
by
the
child
3
support
recovery
unit
(unit).
Currently,
individuals
who
apply
4
for
child
support
services
in
nonassistance
cases
pay
a
$25
5
application
fee.
The
bill
eliminates
the
$25
application
fee.
6
The
bill
also
amends
the
provision
relating
to
the
payment
7
of
an
annual
fee
for
individuals
who
receive
services
from
8
the
unit
in
nonassistance
cases.
The
current
state
statute
9
specifies
that
the
annual
fee
is
$25
and
is
collected
from
10
the
obligee
after
$500
in
support
has
been
distributed
to
the
11
family.
Under
the
bill,
which
cites
to
the
revised
federal
12
law,
the
fee
will
be
$35
and
will
be
collected
from
the
obligee
13
after
$550
in
support
has
been
distributed
to
the
family.
By
14
citing
directly
to
the
federal
law
rather
than
specifying
an
15
amount
in
state
statute,
any
changes
in
the
federal
law
will
16
automatically
govern
the
amount
of
the
annual
fee
without
the
17
need
for
changes
in
the
state
statute.
18
The
bill
also
makes
conforming
changes.
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