Print Friendly HOUSE BILL NO. 725, As Amended, As Amended – Child support, unpd, property liens
HOUSE BILL NO. 725, As Amended, As Amended
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H0725aa,aa...........................by JUDICIARY, RULES AND ADMINISTRATION
CHILD SUPPORT - DELINQUENT - Amends and adds to existing law to provide a
lien upon real and personal property of a child support obligor who is
delinquent in this or another state and to provide the conditions governing
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
02/18 Rpt out - to Gen Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/26 Returned to Jud
03/06 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
2nd rdg as amen - to 3rd rdg
03/10 Rls susp - PASSED - 54-14-2
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Campbell, Chase, Clark, Crane, Crow, Cuddy,
Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kjellander, Linford, Mader, Marley, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Ridinger, Robison,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tippets, Trail,
Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Barrett, Callister, Denney, Hadley, Hansen, Kendell, Lake,
Loertscher, McKague, Richman, Sali, Taylor, Tilman, Wood
Absent and excused -- Kempton, Kunz
Floor Sponsor - Sali
Title apvd - to Senate
03/11 Senate intro - 1st rdg as amen - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 25-7-3
AYES--Andreason, Boatright, Bunderson, Crow, Danielson, Darrington,
Deide, Dunklin, Geddes, Ingram, Ipsen, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs
NAYS--Branch, Burtenshaw, Cameron, Frasure, Hawkins, Keough, Parry
Absent and excused--Hansen, Wheeler, Whitworth
Floor Sponsor - King
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 207
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 725, As Amended, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ENFORCEMENT OF CHILD SUPPORT ORDERS; AMENDING SECTION 7-1202,
3 IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION;
4 AMENDING SECTION 7-1203, IDAHO CODE, TO PROVIDE CORRECT REFERENCES AND TO
5 MAKE A TECHNICAL CORRECTION; REPEALING SECTION 7-1206, IDAHO CODE; AND
6 AMENDING CHAPTER 12, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
7 7-1206, IDAHO CODE, TO PROVIDE A LIEN UPON REAL AND PERSONAL PROPERTY OF
8 AN OBLIGOR WHO IS DELINQUENT IN THIS OR ANOTHER STATE AND TO PROVIDE CON-
9 DITIONS GOVERNING THE LIEN.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 7-1202, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-1202. DEFINITIONS. As used in this chapter:
14 (1) "Bureau" means the bureau of child support enforcement, depart-
15 ment of health and welfare of the state of Idaho.
16 (2) "Child support" means a legally enforceable obligation
17 assessed against an individual for the support of a child which shall include
18 medical care, including health insurance premiums for the child, and any
19 amount owing under an order for support during a period in which public assis-
20 tance was expended.
21 (3) "Current support" means the present month's required support
22 pursuant to an order that is to be paid in increments, excluding amounts
23 ordered to satisfy a delinquency.
24 ( 4 2 ) "Delinquency" means unpaid support for a
25 minor child or spouse which has accrued under an order.
26 (3) "Department" means the department of health and welfare.
27 ( 5 4 ) "Obligee" means any person, state agency
28 or bureau entitled by order to receive child support payments or child and
29 spousal support payments.
30 ( 6 5 ) "Obligor" means any person obligated by
31 order to pay child or spousal support.
32 ( 7 6 ) "Order" means a judgment, decree, order,
33 or administrative ruling directing a person or persons to pay money for sup-
34 port of a minor child or a spouse.
35 ( 8 7 ) "Income" means any form of payment to an
36 individual, regardless of source, including, but not limited to, wages, sal-
37 ary, commission, compensation as an independent contractor, workers'
38 worker's compensation, disability, veteran's annuity and
39 retirement benefits, and any other payments made by any person, private
40 entity, federal or state government, any unit of local government, school dis-
41 trict or any entity created by a public act.
42 (9) "Withholding order" means any order issued by the bureau order-
43 ing an employer to retain an amount of the obligor's income for child support
1 or spousal support.
2 (10) "Spousal support" means a legally enforceable obligation assessed
3 against an individual for the support of a spouse or former spouse who is liv-
4 ing with a child or children for whom the individual also owes support.
5 (11) "Employer" means any person, private entity, federal or state govern-
6 ment, unit of local government, school district, or any entity created by a
7 public act who pays income to an individual.
8 SECTION 2. That Section 7-1203, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-1203. AVAILABLE REMEDIES. In addition to other remedies available to
11 the bureau department or obligee, collection of any
12 delinquency from an obligor on behalf of an obligee shall be accomplished
13 through any of the following means:
14 (1) The bureau department shall intercept and
15 withhold tax refunds to satisfy child support obligations pursuant to section
16 56-203D, Idaho Code.
17 (2) The bureau department shall intercept and
18 withhold a portion of any unemployment benefit payable to an obligor pursuant
19 to section 72-1365, Idaho Code.
20 (3) The bureau department shall administer a
21 program to withhold a portion of an obligor's income for the benefit of the
22 obligee pursuant to this chapter 12, title 32, Idaho Code
24 (4) The bureau department shall intercept and
25 withhold a portion of any veteran's benefits payable to an obligor pursuant to
26 state or federal law.
27 (5) The bureau department shall attach, gar-
28 nish, or intercept and withhold a portion of any workmen's
29 worker's compensation benefits which are payable to an obligor pursuant
30 to title 72, Idaho Code.
31 SECTION 3. That Section 7-1206, Idaho Code, be, and the same is hereby
33 SECTION 4. That Chapter 12, Title 7, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION , to be
35 known and designated as Section 7-1206, Idaho Code, and to read as follows:
36 7-1206. DEPARTMENT LIEN FOR CHILD SUPPORT DELINQUENCY. (1) Upon a delin-
37 quency under a child support order for which the department is or has been
38 providing child support enforcement services, a lien arises upon and attaches
39 to the real and personal property of an obligor. When the amount of the lien
40 is equal to or greater than the total support owing for at least ninety (90)
41 days, or two thousand dollars ($2,000), whichever is less, the lien may be
42 perfected by a filing with the office of the secretary of state. A perfected
43 lien shall include all subsequently arising delinquencies. When a lien has
44 been perfected pursuant to this section and the underlying delinquency reaches
45 a zero balance or is otherwise satisfied, the lien is automatically released.
46 Any support order or decree issued or modified after the effective date of
47 this act shall include a provision notifying the obligor that a lien will
48 arise automatically upon a delinquency. A notice of release of lien shall be
49 filed pursuant to section 45-1908, Idaho Code.
50 (2) A lien arising out of a child support order or delinquency under the
1 laws of another state shall be given full faith and credit as if the lien
2 arose out of a child support order or delinquency under Idaho law.
3 (3) The department shall notify each obligor by certified mail of the
4 filing of the lien at the same time the notice is delivered to the secretary
5 of state. No such lien may be enforced until ten (10) days after notice of the
6 filing of the lien has been given to the obligor.
STATEMENT OF PURPOSE
This proposed legislation brings the State of Idaho into
compliance with requirements of the federal Welfare Reform
Legislation which states as Section 368 (42 U.S.C 666 (a)
(4)) that states must enact a law with procedures under
which liens arise by operation of law against real and
personal property for amounts of overdue support owed by
noncustodial parents who reside or own property in the
state. Additionally, it is required that each state accords
full faith and credit to such liens arising in another
state, when the other state complies with the procedural
rules relating to recording liens that arise within the
Cost savings to the state of $12,400 composed of $11,120 in
salary savings and $1,280 in postage. Cost saving to the
counties of $23,420 composed of $22,240 in salary savings
and $1,280 in postage. Liens will be perfected by filing
with the Secretary of State. Developement of an automated
lien file to send to the Secretary of State is projected at
$2,520. Ongoing costs of $240 per year.
CONTACT: JoAn Silva
STATEMENT OF PURPOSE/ FISCAL NOTE