Bill Text: IA SF605 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the application fee and annual fee imposed for nonassistance child support cases. (Formerly SSB 1211, SF 543.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. S.J. 1197. [SF605 Detail]
Download: Iowa-2019-SF605-Enrolled.html
Senate
File
605
-
Enrolled
Senate
File
605
AN
ACT
RELATING
TO
THE
APPLICATION
FEE
AND
ANNUAL
FEE
IMPOSED
FOR
NONASSISTANCE
CHILD
SUPPORT
CASES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
252B.4,
Code
2019,
is
amended
to
read
as
follows:
252B.4
Nonassistance
cases.
1.
The
child
support
and
paternity
determination
services
established
by
the
department
pursuant
to
this
chapter
and
other
appropriate
services
provided
by
law
including
but
not
limited
to
the
provisions
of
chapters
239B
,
252A
,
252C
,
252D
,
252E
,
252F
,
598
,
and
600B
shall
be
made
available
by
the
unit
to
an
individual
not
otherwise
eligible
as
a
public
assistance
recipient
upon
application
by
the
individual
for
the
services
or
upon
referral
as
described
in
subsection
5
4
.
The
application
shall
be
filed
with
the
department.
1.
The
director
shall
require
an
application
fee
of
twenty-five
dollars.
2.
The
director
may
collect
a
fee
to
cover
the
costs
incurred
by
the
department
for
service
of
process,
genetic
testing
and
court
costs
if
the
entity
providing
the
service
charges
a
fee
for
the
services.
3.
Fees
collected
pursuant
to
this
section
shall
be
considered
repayment
receipts,
as
defined
in
section
8.2
,
and
shall
be
used
for
the
purposes
of
the
unit.
The
director
or
a
designee
shall
keep
an
accurate
record
of
the
fees
collected
Senate
File
605,
p.
2
and
expended.
4.
An
application
fee
paid
by
a
recipient
of
services
pursuant
to
subsection
1
may
be
recovered
by
the
unit
from
the
person
responsible
for
payment
of
support
and
if
recovered
shall
be
used
to
reimburse
the
recipient
of
services.
a.
The
fee
shall
be
an
automatic
judgment
against
the
person
responsible
to
pay
support.
b.
This
subsection
shall
serve
as
constructive
notice
that
the
fee
is
a
debt
due
and
owing,
is
an
automatic
judgment
against
the
person
responsible
for
support,
and
is
assessed
as
the
fee
is
paid
by
a
recipient
of
services.
The
fee
may
be
collected
in
addition
to
any
support
payments
or
support
judgment
ordered,
and
no
further
notice
or
hearing
is
required
prior
to
collecting
the
fee.
c.
Notwithstanding
any
provision
to
the
contrary,
the
unit
may
collect
the
fee
through
any
legal
means
by
which
support
payments
may
be
collected,
including
but
not
limited
to
income
withholding
under
chapter
252D
or
income
tax
refund
offsets,
unless
prohibited
under
federal
law.
d.
The
unit
is
not
required
to
file
these
judgments
with
the
clerk
of
the
district
court,
but
shall
maintain
an
accurate
accounting
of
the
fee
assessed,
the
amount
of
the
fee,
and
the
recovery
of
the
fee.
e.
Support
payments
collected
shall
not
be
applied
to
the
recovery
of
the
fee
until
all
other
support
obligations
under
the
support
order
being
enforced,
which
have
accrued
through
the
end
of
the
current
calendar
month,
have
been
paid
or
satisfied
in
full.
f.
This
subsection
applies
to
fees
that
become
due
on
or
after
July
1,
1992.
5.
4.
The
unit
shall
also
provide
child
support
and
paternity
determination
services
and
shall
respond
as
provided
in
federal
law
for
an
individual
not
otherwise
eligible
as
a
public
assistance
recipient
if
the
unit
receives
a
request
from
any
of
the
following:
a.
A
child
support
agency.
b.
A
foreign
country
as
defined
in
chapter
252K
.
Sec.
2.
Section
252B.5,
subsection
13,
paragraph
a,
Code
2019,
is
amended
to
read
as
follows:
Senate
File
605,
p.
3
a.
Beginning
October
1,
2007,
implement
the
provision
of
the
federal
Deficit
Reduction
Act
of
2005,
Pub.
L.
No.
109-171,
§7310,
requiring
an
annual
collections
fee
of
twenty-five
dollars
in
child
support
cases
in
which
the
family
has
never
received
assistance
under
Tit.
IV-A
of
the
federal
Social
Security
Act
for
whom
the
unit
has
disbursed
at
least
five
hundred
dollars.
When
the
first
five
hundred
dollars
in
support
is
disbursed
in
each
federal
fiscal
year
for
a
family,
the
fee
shall
be
collected
from
the
obligee
by
retaining
twenty-five
dollars
from
disbursements
to
the
obligee.
If
five
hundred
dollars
but
less
than
five
hundred
twenty-five
dollars
is
disbursed
in
any
federal
fiscal
year,
any
unpaid
portion
of
the
annual
fee
shall
not
accumulate
and
is
not
due.
Impose
an
annual
fee,
which
shall
be
retained
from
support
collected
on
behalf
of
the
obligee,
in
accordance
with
42
U.S.C.
§654(6)(B)(ii).
The
unit
shall
send
information
regarding
the
requirements
of
this
subsection
by
regular
mail
to
the
last
known
address
of
an
affected
obligee,
or
may
include
the
information
for
an
obligee
in
an
application
for
services
signed
by
the
obligee.
In
addition,
the
unit
shall
take
steps
necessary
regarding
the
fee
to
qualify
for
federal
funds
in
conformity
with
the
provisions
of
Tit.
IV-D
of
the
federal
Social
Security
Act,
including
receiving
and
accounting
for
fee
payments,
as
appropriate,
through
the
collection
services
center
created
in
section
252B.13A
.
Sec.
3.
Section
252H.5,
subsections
1
and
4,
Code
2019,
are
amended
to
read
as
follows:
1.
A
Unless
the
unit
is
already
providing
support
enforcement
service
pursuant
to
chapter
252B,
a
parent
ordered
to
provide
support,
who
requests
a
review
of
a
support
order
under
subchapter
II
,
shall
file
an
application
for
services
and
pay
an
application
fee
pursuant
to
section
252B.4
.
4.
The
unit
shall,
consistent
with
applicable
federal
law,
recover
administrative
costs
in
excess
of
any
fees
collected
pursuant
to
subsections
1,
2
,
and
3
for
providing
services
under
this
chapter
and
shall
adopt
rules
providing
for
collection
of
fees
for
administrative
costs.
Sec.
4.
ADMINISTRATIVE
RULES
——
TRANSITION.
Until
such
time
as
the
department
of
human
services
adopts
administrative
Senate
File
605,
p.
4
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
Act,
the
child
support
recovery
unit
may
accept
applications
for
child
support
services
in
accordance
with
chapter
252B,
as
amended
in
this
Act.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
605,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor