View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
the lien.
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
Effective: 07/01/98
H0725|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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-15ment 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 support22pursuant to an order that is to be paid in increments, excluding amounts23ordered to satisfy a delinquency.24 (42 ) "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 (54 ) "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 (65 ) "Obligor" means any person obligated by 31 order to pay child or spousal support. 32 (76 ) "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 (87 ) "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'38worker'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-43ing an employer to retain an amount of the obligor's income for child support2 1or spousal support.2(10) "Spousal support" means a legally enforceable obligation assessed3against an individual for the support of a spouse or former spouse who is liv-4ing with a child or children for whom the individual also owes support.5(11) "Employer" means any person, private entity, federal or state govern-6ment, unit of local government, school district, or any entity created by a7public 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 thebureaudepartment 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) Thebureaudepartment shall intercept and 15 withhold tax refunds to satisfy child support obligations pursuant to section 16 56-203D, Idaho Code. 17 (2) Thebureaudepartment 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) Thebureaudepartment shall administer a 21 program to withhold a portion of an obligor's income for the benefit of the 22 obligee pursuant tothischapter 12, title 32, Idaho Code 23 . 24 (4) Thebureaudepartment 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) Thebureaudepartment shall attach, gar- 28 nish, or intercept and withhold a portion of anyworkmen's29 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 32 repealed. 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 3 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
RS 08038
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
state.
FISCAL NOTE
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
208-334-6535
STATEMENT OF PURPOSE/ FISCAL NOTE
H 725