1998 Legislation
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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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Daily Data Tracking History



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

Bill Text


H0725


                                                                        
 ||||              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


                                          2

 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
23    .
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
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 / Fiscal Impact


    





                          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