Print Friendly HOUSE BILL NO. 409, As Amended – Child support, unpd, license revoke
HOUSE BILL NO. 409, As Amended
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H0409aa......................................................by MR. SPEAKER
Requested by: Department of Health and Welfare
CHILD SUPPORT - DELINQUENT - Amends existing law to clarify procedures and
application of the statute suspending licenses for failure to pay child
support obligations or to allow visitation with a minor child.
01/12 House intro - 1st rdg - to printing
01/12 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 - rec d/p - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 58-9-3
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Ellsworth, Field(13), Gagner, Geddes, Gould,
Hansen, Henbest, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kjellander, Lake, Linford, Loertscher, Mader,
Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Tippets, Trail, Watson, Wheeler, Zimmermann,
NAYS -- Barrett, Denney, Hadley, Hornbeck, Kendell, McKague, Taylor,
Absent and excused -- Field(20), Kunz, Ridinger
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/11 Senate intro - 1st rdg as amen - to Health/Wel
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Hansen
Floor Sponsor - Bunderson
Title apvd - to House
03/19 To enrol - rpt enrol - Pres signed
Sp signed - to Governor
03/20 Governor signed
Session Law Chapter 250
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 409, As Amended
BY MR. SPEAKER
Requested by: Department of Health and Welfare
1 AN ACT
2 RELATING TO CHILD SUPPORT ENFORCEMENT; AMENDING SECTION 7-1402, IDAHO CODE, TO
3 DEFINE "VISITATION"; AMENDING SECTION 7-1403, IDAHO CODE, TO CLARIFY THAT
4 NONCOMPLIANCE WITH VISITATION MUST BE SUBSTANTIAL TO INVOKE THE STATUTE;
5 AMENDING SECTION 7-1405, IDAHO CODE, TO PROVIDE THAT THE PETITIONER MUST
6 NOTIFY THE LICENSEE; AMENDING SECTION 7-1406, IDAHO CODE, TO SPECIFY THE
7 PROCEDURE FOR SERVICE OF NOTICE; AMENDING SECTION 7-1410, IDAHO CODE, TO
8 PROVIDE THE TERM OF SUSPENSION FOR NONCOMPLIANCE WITH A VISITATION ORDER;
9 AND AMENDING SECTION 7-1413, IDAHO CODE, TO CLARIFY THE APPLICATION OF THE
10 PROVISION FOR A STAY IN VISITATION CASES.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 7-1402, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 7-1402. DEFINITIONS. (1) "Child support order" means a legally enforce-
15 able obligation, issued by a court or administrative body, assessed against an
16 individual for the support of a child, which shall include medical care,
17 health insurance premiums for the child, child care expenses and any amount
18 owing under an order for support during a period in which public assistance
19 was expended.
20 (2) "Current support" means the amount owing for the present month pursu-
21 ant to a child support order, excluding amounts ordered to satisfy a delin-
23 (3) "Delinquency" means, for purposes of this chapter, the amount of
24 unpaid support that has accrued from the date a child support order is
25 entered, excluding the present month, in an amount equal to or greater than
26 the total support owing for at least ninety (90) days, or two thousand dollars
27 ($2,000), whichever is less.
28 (4) "Department" means the Idaho department of health and welfare.
29 (5) "License" means a license, certificate, permit or other authorization
31 (a) Is issued by a licensing authority pursuant to any provision of Idaho
33 (b) Is subject to suspension, withdrawal, revocation, forfeiture, termi-
34 nation, or an action equivalent to any of these, by the issuing licensing
35 authority; and
36 (c) A person must obtain to practice or engage in any business, occupa-
37 tion or profession, operate a motor vehicle, carry a concealed weapon, or
38 engage in any recreational activity, including hunting or fishing, for
39 which a license or permit is required; and
40 (d) Does not constitute a property interest.
41 (6) "Licensee" means any person who possesses a valid license in active
42 status or who has a legal right or privilege to activate or receive a license.
43 (7) "Licensing authority" means a department, commission, board, office,
1 agency or other unit of the state or political subdivision that issues a
3 (8) "Obligee" means any person, state agency or local child support reg-
4 istry entitled by order to receive child support payments.
5 (9) "Obligor" means any person obligated by order to pay child support.
6 (10) "Visitation" means custodial period, custodial schedule, resi-
7 dential schedule, parenting, or parenting time.
8 SECTION 2. That Section 7-1403, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-1403. GROUNDS FOR SUSPENSION OF A LICENSE. In addition to any other
11 basis provided by Idaho law for suspension of a license, a licensee is subject
12 to suspension of a license if the licensee:
13 (1) Is an obligor who has a delinquency as defined in section 7-1402(3),
14 Idaho Code;
15 (2) Has failed to comply with a subpoena in a paternity or child support
16 proceeding; or
17 (3) Has substantially failed to comply with an order provid-
18 ing for visitation with a minor child.
19 SECTION 3. That Section 7-1405, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-1405. COMMENCEMENT OF JUDICIAL PROCEEDING FOR SUSPENSION OF LICENSE.
22 (1) A petition for suspension of a license may be commenced in the magistrate
23 division of the district court of the county where the child support order or
24 order for visitation was issued; and no filing fees shall be charged for seek-
25 ing only the relief provided under this chapter. The petition shall allege:
26 (a) The name and, if known, social security number of the licensee;
27 (b) The type or types of license or licenses the licensee is believed to
28 hold and the name of each licensing authority;
29 (c) The amount owed under a child support order, the amount of support
30 paid and the amount of the delinquency, the failure to comply with a sub-
31 poena in a paternity or child support proceeding, or the manner in which a
32 licensee has failed to comply with an order for visitation; and
33 (d) The last known address of the licensee.
34 (2) A petition to suspend a license for a child support delinquency shall
35 include a certified copy of the record of child support payments maintained by
36 the department or local child support registry.
37 (3) A copy of the filed petition shall be delivered to the licensee
38 by personal service according to the Idaho rules of civil procedure.
39 SECTION 4. That Section 7-1406, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 7-1406. NOTICE. Upon commencement of a proceeding for suspension of a
42 license under this chapter, the court petitioner
43 shall notify also serve the licensee by mail,
44 to the address provided by the petitioner notice :
45 (1) Of the licensee's right to a hearing;
46 (2) That the licensee has twenty-one (21) days after service to request a
48 (3) That the license will be suspended if there is no timely request for
49 a hearing or the licensee fails without good cause to appear for a scheduled
1 hearing; and
2 (4) That the license will not be suspended if the licensee pays the
3 delinquency and the current support obligation in full; demonstrates compli-
4 ance with a subpoena in a paternity or child support proceeding; demonstrates
5 compliance with an order for visitation; pays the current support obligation
6 in full and enters into a reasonable schedule for repayment of any child sup-
7 port delinquency; or establishes good cause why the license should not be sus-
9 SECTION 5. That Section 7-1410, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 7-1410. ORDER SUSPENDING A LICENSE. (1) The court, licensing authority or
12 department shall issue an order suspending a license unless:
13 (a) After notice and hearing, the licensee is found to have paid the
14 delinquency and the current month's support in full, or complied with the
15 subpoena or order for visitation ;
16 (b) The department or obligee files a certification that the obligor has
17 paid current support and has entered into a reasonable schedule for repay-
18 ment of any child support delinquency; or
19 (c) At a hearing, the licensee shows other good cause why the request for
20 license suspension should be denied or stayed.
21 (2) The court shall issue an order suspending a license for a
22 period up to one hundred eighty (180) days for substantial noncompliance with
23 an order for visitation with the minor child.
24 (3) The order suspending a license shall include the last known
25 address of the licensee.
26 ( 3 4 ) An order suspending a license by the court
27 or department shall also state that the licensee is subject to the penalties
28 of the licensing authority if a final order of suspension is violated.
29 ( 4 5 ) A final order suspending a license issued
30 by a court or the department shall be forwarded to the appropriate licensing
32 ( 5 6 ) If the court or department finds that the
33 petition for suspension should be denied, the petition shall be dismissed
34 without prejudice.
35 SECTION 6. That Section 7-1413, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-1413. VACATING OR STAYING AN ORDER SUSPENDING A LICENSE. (1) Upon
38 motion, a court shall issue an order vacating the suspension of a license due
39 to nonpayment of child support if the licensee is found to have paid all cur-
40 rent and delinquent child support, or shall stay the suspension for one hun-
41 dred eighty (180) days if the licensee pays the current support obligation and
42 enters into a repayment agreement. The moving party shall notify the peti-
43 tioner and the department, if the department is providing child support ser-
44 vices pursuant to title IV-D of the social security act or chapter 2, title
45 56, Idaho Code, of the pendency of these proceedings.
46 (2) The department shall vacate the suspension of a license ordered by
47 the department upon payment of all current and delinquent child support, or
48 shall stay the suspension for one hundred eighty (180) days if the licensee
49 pays the current support obligation and enters into a repayment agreement.
50 (3) If the suspension has been stayed and if, at the end of one hundred
51 eighty (180) days, the licensee has maintained current support payments and is
1 in compliance with a repayment agreement, the suspension of the license shall
2 be vacated.
3 (4) The court or department shall vacate an order suspending a license
4 due to noncompliance with a subpoena, if the licensee complies with the sub-
5 poena in a paternity or child support proceeding.
6 (5) The court may issue an order vacating or staying
7 stay an order suspending a license due to failure to allow
8 substantial noncompliance with a visitation order ,
9 for up to one hundred eighty (180) days, upon the licensee's reasonable
10 assurance of compliance, and shall vacate the suspension if the licen-
11 see has complied with the order for visitation during the stay .
12 (6) The licensing authority shall be notified if the suspension of a
13 license is vacated or stayed. On receipt of such notice, the licensing author-
14 ity shall restore the licensee to active status upon payment of any applicable
15 fees and satisfaction of any other licensing requirements.
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STATEMENT OF PURPOSE
The purpose of this legislation is to clarify the
notification procedure for a license suspension petition.
This legislation also provides a guideline for handling
non-custodial license suspensions.
CONTACT: Representative Julie Ellsworth
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H409