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S1015...................................................by JUDICIARY AND RULES
INTERSTATE FAMILY SUPPORT ACT - Amends and adds to existing law to revise
various provisions of the Interstate Family Support Act including definitions,
jurisdiction of support orders, modification of support orders, compliance,
controlling orders and determining parentage.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1015
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; AMENDING SECTION
3 7-1001, IDAHO CODE, TO DEFINE TERMS AND TO REVISE DEFINITIONS; AMENDING
4 SECTION 7-1003, IDAHO CODE, TO PROVIDE THAT THE REMEDIES PROVIDED IN THE
5 CHAPTER DO NOT AFFECT CERTAIN OTHER LAWS AND TO LIMIT APPLICATION OF THE
6 CHAPTER; AMENDING SECTION 7-1004, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING
7 FOR PERSONAL JURISDICTION IN PROCEEDINGS TO MODIFY SUPPORT ORDERS, TO
8 LIMIT THE USE OF BASES FOR PERSONAL JURISDICTION IN PROCEEDINGS TO MODIFY
9 CHILD SUPPORT ORDERS OF OTHER STATES UNLESS CERTAIN REQUIREMENTS ARE MET,
10 TO MAKE A GRAMMATICAL CORRECTION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
11 ING SECTION 7-1005, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR A PROCE-
12 DURE FOR TRIBUNALS WHEN EXERCISING JURISDICTION OVER NONRESIDENTS AND TO
13 SET FORTH PROVISIONS RELATING TO THE DURATION OF PERSONAL JURISDICTION;
14 AMENDING SECTION 7-1007, IDAHO CODE, TO REMOVE DESCRIPTIVE LANGUAGE;
15 AMENDING SECTION 7-1008, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND
16 TO REVISE PROVISIONS RELATING TO CONTINUING, EXCLUSIVE JURISDICTION TO
17 MODIFY CHILD SUPPORT ORDERS; AMENDING SECTION 7-1009, IDAHO CODE, TO
18 REVISE DESCRIPTIVE LANGUAGE, TO REVISE PROVISIONS RELATING TO CONTINUING
19 JURISDICTION TO ENFORCE CHILD SUPPORT ORDERS AND TO REMOVE LANGUAGE RELAT-
20 ING TO THE MODIFICATION OF SPOUSAL SUPPORT ORDERS; AMENDING CHAPTER 10,
21 TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-1009A, IDAHO CODE,
22 TO PROVIDE FOR APPLICATION OF THE CHAPTER TO NONRESIDENTS SUBJECT TO PER-
23 SONAL JURISDICTION; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE ADDI-
24 TION OF A NEW SECTION 7-1009B, IDAHO CODE, TO PROVIDE FOR CONTINUING,
25 EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDERS; AMENDING SECTION
26 7-1010, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVI-
27 SIONS RELATING TO THE DETERMINATION OF CONTROLLING CHILD SUPPORT ORDERS;
28 AMENDING SECTION 7-1011, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO
29 REMOVE LANGUAGE REFERENCING MULTIPLE REGISTRATIONS, PETITIONS OR ORDERS;
30 AMENDING SECTION 7-1012, IDAHO CODE, TO REVISE PROVISIONS RELATING TO
31 CREDIT FOR PAYMENTS OF CHILD SUPPORT; AMENDING SECTION 7-1013, IDAHO CODE,
32 TO REMOVE LANGUAGE SETTING FORTH PROCEEDINGS TO WHICH THE CHAPTER APPLIES
33 AND TO MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 7-1014, IDAHO CODE, TO
34 MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 7-1015, IDAHO CODE, TO REVISE
35 PROVISIONS RELATING TO THE APPLICATION OF STATE LAW; AMENDING SECTION
36 7-1016, IDAHO CODE, TO REVISE PROVISIONS RELATING TO DUTIES OF THE INITI-
37 ATING TRIBUNAL; AMENDING SECTION 7-1017, IDAHO CODE, TO REVISE PROVISIONS
38 RELATING TO DUTIES AND POWERS OF THE RESPONDING TRIBUNAL; AMENDING SECTION
39 7-1018, IDAHO CODE, TO PROVIDE A REFERENCE TO TRIBUNALS; AMENDING SECTION
40 7-1019, IDAHO CODE, TO REVISE PROVISIONS RELATING TO DUTIES OF THE SUPPORT
41 ENFORCEMENT AGENCY; AMENDING SECTION 7-1020, IDAHO CODE, TO REMOVE LAN-
42 GUAGE PROVIDING FOR DUTIES OF THE ATTORNEY GENERAL AND TO PROVIDE FOR
43 DUTIES OF APPROPRIATE STATE OFFICIALS OR AGENCIES; AMENDING SECTION
44 7-1022, IDAHO CODE, TO REVISE DUTIES OF THE STATE INFORMATION AGENCY;
45 AMENDING SECTION 7-1023, IDAHO CODE, TO REVISE PROVISIONS RELATING TO
46 PLEADINGS AND ACCOMPANYING DOCUMENTS; AMENDING SECTION 7-1024, IDAHO CODE,
2
1 TO REVISE PROVISIONS RELATING TO NONDISCLOSURE OF INFORMATION IN EXCEP-
2 TIONAL CIRCUMSTANCES; AMENDING SECTION 7-1026, IDAHO CODE, TO PROVIDE
3 CLARIFYING LANGUAGE AND TO PROVIDE THAT IMMUNITY DOES NOT EXTEND TO CIVIL
4 LITIGATION BASED ON CERTAIN ACTS COMMITTED BY A PARTY WHILE PHYSICALLY
5 PRESENT IN THIS STATE; AMENDING SECTION 7-1028, IDAHO CODE, TO REVISE PRO-
6 VISIONS RELATING TO SPECIAL RULES OF EVIDENCE AND PROCEDURE; AMENDING SEC-
7 TION 7-1029, IDAHO CODE, TO PROVIDE REFERENCE TO FOREIGN COUNTRIES AND
8 POLITICAL SUBDIVISIONS AND TO PROVIDE THAT TRIBUNALS MAY COMMUNICATE IN A
9 RECORD; AMENDING SECTION 7-1031, IDAHO CODE, TO REVISE PROVISIONS RELATING
10 TO RECEIPT AND DISBURSEMENT OF PAYMENTS; AMENDING SECTION 7-1032, IDAHO
11 CODE, TO REVISE PROVISIONS RELATING TO PETITIONS TO ESTABLISH SUPPORT
12 ORDERS; AMENDING SECTION 7-1033, IDAHO CODE, TO PROVIDE THAT AN INCOME-
13 WITHHOLDING ORDER ISSUED IN ANOTHER STATE MAY BE SENT BY OR ON BEHALF OF
14 THE OBLIGEE OR BY THE SUPPORT ENFORCEMENT AGENCY AND TO REMOVE OBSOLETE
15 LANGUAGE; AMENDING SECTION 7-1034, IDAHO CODE, TO REVISE PROVISIONS RELAT-
16 ING TO AN EMPLOYER'S COMPLIANCE WITH AN INCOME-WITHHOLDING ORDER OF
17 ANOTHER STATE; AMENDING SECTION 7-1035, IDAHO CODE, TO PROVIDE DESCRIPTIVE
18 LANGUAGE AND TO REVISE PROVISIONS RELATING TO AN EMPLOYER'S COMPLIANCE
19 WITH TWO OR MORE INCOME-WITHHOLDING ORDERS; AMENDING SECTION 7-1036, IDAHO
20 CODE, TO MAKE GRAMMATICAL CHANGES; AMENDING SECTION 7-1038, IDAHO CODE,
21 TO REVISE PROVISIONS RELATING TO OBLIGOR CONTESTS OF INCOME-WITHHOLDING
22 ORDERS; AMENDING SECTION 7-1039, IDAHO CODE, TO PROVIDE A REFERENCE TO
23 SUPPORT ENFORCEMENT AGENCIES; AMENDING SECTION 7-1040, IDAHO CODE, TO MAKE
24 A GRAMMATICAL CORRECTION; AMENDING SECTION 7-1041, IDAHO CODE, TO REVISE
25 PROVISIONS RELATING TO PROCEDURES TO REGISTER SUPPORT OR INCOME-
26 WITHHOLDING ORDERS FOR ENFORCEMENT; AMENDING SECTION 7-1043, IDAHO CODE,
27 TO REVISE PROVISIONS RELATING TO CHOICE OF LAW; AMENDING SECTION 7-1044,
28 IDAHO CODE, TO REVISE PROVISIONS RELATING TO NOTICE OF REGISTRATION OF AN
29 ORDER; AMENDING SECTION 7-1046, IDAHO CODE, TO PROVIDE REFERENCE TO
30 ALLEGED ARREARAGES AND TO INCLUDE AS A DEFENSE TO AN ORDER THAT THE
31 ALLEGED CONTROLLING ORDER IS NOT THE CONTROLLING ORDER; AMENDING SECTION
32 7-1049, IDAHO CODE, TO PROVIDE CODE REFERENCES; AMENDING SECTION 7-1050,
33 IDAHO CODE, TO REVISE PROVISIONS RELATING TO MODIFICATION OF CHILD SUPPORT
34 ORDERS OF OTHER STATES; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE
35 ADDITION OF A NEW SECTION 7-1050A, IDAHO CODE, TO PROVIDE FOR JURISDICTION
36 TO MODIFY CHILD SUPPORT ORDERS OF FOREIGN COUNTRIES OR POLITICAL SUBDIVI-
37 SIONS; AMENDING SECTION 7-1051, IDAHO CODE, TO REVISE PROVISIONS RELATING
38 TO THE RECOGNITION OF ORDERS MODIFIED IN OTHER STATES; AMENDING SECTION
39 7-1052, IDAHO CODE, TO REVISE PROVISIONS RELATING TO JURISDICTION TO MOD-
40 IFY SUPPORT ORDERS OF OTHER STATES WHEN INDIVIDUAL PARTIES RESIDE IN THIS
41 STATE; AMENDING SECTION 7-1053, IDAHO CODE, TO MAKE GRAMMATICAL CHANGES;
42 AMENDING SECTION 7-1054, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PRO-
43 CEEDINGS TO DETERMINE PARENTAGE; AMENDING SECTION 7-1055, IDAHO CODE, TO
44 MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 7-1056, IDAHO CODE, TO MAKE A
45 GRAMMATICAL CORRECTION AND TO REMOVE REFERENCE TO OTHER LAWS; AND AMENDING
46 SECTION 7-1057, IDAHO CODE, TO REVISE PROVISIONS RELATING TO UNIFORMITY OF
47 APPLICATION AND CONSTRUCTION.
48 Be It Enacted by the Legislature of the State of Idaho:
49 SECTION 1. That Section 7-1001, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 7-1001. DEFINITIONS. In this chapter:
52 (1) "Child" means an individual, whether over or under the age of major-
3
1 ity, who is or is alleged to be owed a duty of support by the individual's
2 parent or who is or is alleged to be the beneficiary of a support order
3 directed to the parent.
4 (2) "Child support order" means a support order for a child, including a
5 child who has attained the age of majority under the law of the issuing state.
6 (3) "Duty of support" means an obligation imposed or imposable by law to
7 provide support for a child, spouse, or former spouse, including an unsatis-
8 fied obligation to provide support.
9 (4) "Home state" means the state in which a child lived with a parent or
10 a person acting as parent for at least six (6) consecutive months immediately
11 preceding the time of filing of a petition or comparable pleading for support
12 and, if a child is less than six (6) months old, the state in which the child
13 lived from birth with any of them. A period of temporary absence of any of
14 them is counted as part of the six (6) month or other period.
15 (5) "Income" includes earnings or other periodic entitlements to money
16 from any source and any other property subject to withholding for support
17 under the law of this state.
18 (6) "Income-withholding order" means an order or other legal process
19 directed to an obligor's employer or other debtor, as defined by chapter 12,
20 title 7, Idaho Code, to withhold support from the income of the obligor.
21 (7) "Initiating state" means a state from which a proceeding is forwarded
22 or in which a proceeding is filed for forwarding to a responding state under
23 this chapter or a law or procedure substantially similar to this chapter, or
24 under a law or procedure substantially similar to the uniform reciprocal
25 enforcement of support act, or the revised uniform reciprocal enforcement of
26 support act.
27 (8) "Initiating tribunal" means the authorized tribunal in an initiating
28 state.
29 (9) "Issuing state" means the state in which a tribunal issues a support
30 order or renders a judgment determining parentage.
31 (10) "Initiating tribunal" means the tribunal that issues a support order
32 or renders a judgment determining parentage.
33 (11) "Law" includes decisional and statutory law and rules and regulations
34 having the force of law.
35 (12) "Obligee" means:
36 (a) An individual to whom a duty of support is or is alleged to be owed
37 or in whose favor a support order has been issued or a judgment determin-
38 ing parentage has been rendered;
39 (b) A state or political subdivision to which the rights under a duty of
40 support or support order have been assigned or which has independent
41 claims based on financial assistance provided to an individual obligee; or
42 (c) An individual seeking a judgment determining parentage of the
43 individual's child.
44 (13) "Obligor" means an individual, or the estate of a decedent:
45 (a) Who owes or is alleged to owe a duty of support;
46 (b) Who is alleged but has not been adjudicated to be a parent of a
47 child; or
48 (c) Who is liable under a support order.
49 (14) "Person" means an individual, corporation, business trust, estate,
50 trust, partnership, limited liability company, association, joint venture,
51 government, governmental subdivision, agency, or instrumentality, public cor-
52 poration, or any other legal or commercial entity.
53 (15) "Record" means information that is inscribed on a tangible medium or
54 that is stored in an electronic or other medium and is retrievable in
55 perceivable form.
4
1 (16) "Register" means to record a support order or judgment determining
2 parentage in the district court.
3 (157) "Registering tribunal" means a tribunal in which a support order is
4 registered.
5 (168) "Responding state" means a state in which a proceeding is filed or
6 to which a proceeding is forwarded for filing from an initiating state under
7 this chapter or a law or procedure substantially similar to this chapter, or
8 under a law or procedure substantially similar to the uniform reciprocal
9 enforcement of support act, or the revised uniform reciprocal enforcement of
10 support act.
11 (179) "Responding tribunal" means the authorized tribunal in a responding
12 state.
13 (1820) "Spousal-support order" means a support order for a spouse or
14 former spouse of the obligor.
15 (1921) "State" means a state of the United States, the District of Colum-
16 bia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any
17 territory or insular possession subject to the jurisdiction of the United
18 States. The term "state" includes:
19 (a) An Indian tribe; and
20 (b) A foreign jurisdiction country or political subdivision that:
21 (i) Has been declared to be a foreign reciprocating country or
22 political subdivision under federal law;
23 (ii) Has established a reciprocal arrangement for child support with
24 this state as provided in section 7-1020, Idaho Code; or
25 (iii) Hhas enacted a law or established procedures for the issuance
26 and enforcement of support orders which are substantially similar to
27 the procedures under this chapter. or the procedures under the uni-
28 form reciprocal enforcement of support act or the revised uniform
29 enforcement of support act.
30 (202) "Support enforcement agency" means a public official or agency
31 authorized to seek:
32 (a) Enforcement of support orders or laws relating to the duty of sup-
33 port;
34 (b) Establishment or modification of child support;
35 (c) Determination of parentage; or
36 (d) To locate Location of obligors or their assets; or
37 (e) Determination of the controlling child support order.
38 (213) "Support order" means a judgment, decree, or order, or directive,
39 whether temporary, final, or subject to modification, issued by a tribunal for
40 the benefit of a child, a spouse, or a former spouse, which provides for mone-
41 tary support, health care, arrearages, or reimbursement, and may include
42 related costs and fees, interest, income withholding, attorney's fees, and
43 other relief.
44 (224) "Tribunal" means a court, administrative agency, or quasi-judicial
45 entity authorized to establish, enforce, or modify support orders or to deter-
46 mine parentage.
47 SECTION 2. That Section 7-1003, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 7-1003. REMEDIES CUMULATIVE. (1) Remedies provided by this chapter are
50 cumulative and do not affect the availability of remedies under other law,
51 including the recognition of a support order of a foreign country or political
52 subdivision on the basis of comity.
53 (2) This chapter does not:
5
1 (a) Provide the exclusive method of establishing or enforcing a support
2 order under the law of this state; or
3 (b) Grant a tribunal of this state jurisdiction to render judgment or
4 issue an order relating to child custody and visitation in a proceeding
5 under this chapter.
6 SECTION 3. That Section 7-1004, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 7-1004. BASIS BASES FOR JURISDICTION OVER NONRESIDENT. (1) In a proceed-
9 ing to establish, or enforce, or modify a support order or to determine par-
10 entage, a tribunal of this state may exercise personal jurisdiction over a
11 nonresident individual or the individual's guardian or conservator if:
12 (1a) The individual is personally served with notice within this state;
13 (2b) The individual submits to the jurisdiction of this state by consent,
14 by entering a general appearance, or by filing a responsive document hav-
15 ing the effect of waiving any contest to personal jurisdiction;
16 (3c) The individual resided with the child in this state;
17 (4d) The individual resided in this state and provided prenatal expenses
18 or support for the child;
19 (5e) The child resides in this state as a result of the acts or direc-
20 tives of the individual;
21 (6f) The individual engaged in sexual intercourse in this state and the
22 child may have been conceived by that act of intercourse;
23 (7g) The individual asserted parentage in the registry maintained in this
24 state by the vital statistics unit of the department of health and welfare
25 provided in section 16-1513, Idaho Code; or
26 (8h) There is any other basis consistent with the constitutions of this
27 state and the United States for the exercise of personal jurisdiction.
28 (2) The bases of personal jurisdiction set forth in subsection (1) of
29 this section or in any other law of this state may not be used to acquire per-
30 sonal jurisdiction for a tribunal of the state to modify a child support order
31 of another state unless the requirements of section 7-1050 or 7-1050A, Idaho
32 Code, are met.
33 SECTION 4. That Section 7-1005, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 7-1005. PROCEDURE WHEN EXERCISING DURATION OF PERSONAL JURISDICTION.
36 OVER NONRESIDENT. A tribunal of this state exercising pPersonal jurisdiction
37 over a nonresident under section 7-1004, Idaho Code, may apply section 7-1028,
38 Idaho Code, to receive evidence from another state, section 7-1030, Idaho
39 Code, to obtain discovery through a tribunal of another state. In all other
40 respects, sections 7-1013 through 7-1054, Idaho Code, do not apply and the
41 tribunal shall apply the procedural and substantive law acquired by a tribunal
42 of this state, including the rules on choice of law other than those estab-
43 lished by in a proceeding under this chapter or other law of this state relat-
44 ing to a support order continues as long as a tribunal of this state has con-
45 tinuing, exclusive jurisdiction to modify its order or continuing jurisdiction
46 to enforce its order as provided by sections 7-1008, 7-1009 and 7-1009B, Idaho
47 Code.
48 SECTION 5. That Section 7-1007, Idaho Code, be, and the same is hereby
49 amended to read as follows:
6
1 7-1007. SIMULTANEOUS PROCEEDINGS. IN ANOTHER STATE. (1) A tribunal of
2 this state may exercise jurisdiction to establish a support order if the peti-
3 tion or comparable pleading is filed after a petition or comparable pleading
4 is filed in another state only if:
5 (a) The petition or comparable pleading in this state is filed before the
6 expiration of the time allowed in the other state for filing a responsive
7 pleading challenging the exercise of jurisdiction by the other state;
8 (b) The contesting party timely challenges the exercise of jurisdiction
9 in the other state; and
10 (c) If relevant, this state is the home state of the child.
11 (2) A tribunal of this state may not exercise jurisdiction to establish a
12 support order if the petition or comparable pleading is filed before a peti-
13 tion or comparable pleading is filed in another state if:
14 (a) The petition or comparable pleading in the other state is filed
15 before the expiration of the time allowed in this state for filing a
16 responsive pleading challenging the exercise of jurisdiction by this
17 state;
18 (b) The contesting party timely challenges the exercise of jurisdiction
19 in this state; and
20 (c) If relevant, the other state is the home state of the child.
21 SECTION 6. That Section 7-1008, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 7-1008. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.
24 (1) A tribunal of this state issuing that has issued a child support order
25 consistent with the law of this state has and shall exercise continuing,
26 exclusive jurisdiction over a to modify its child support order if the order
27 is the controlling order, and:
28 (a) As long as At the time of the filing of a request for modification
29 this state remains is the residence of the obligor, the individual obli-
30 gee, or the child for whose benefit the support order is issued; or
31 (b) Until each individual party has filed written consent with the tribu-
32 nal of Even if this state for a tribunal of another state is not the resi-
33 dence of the obligor, the individual obligee, or the child for whose bene-
34 fit the support order is issued, the parties consent in a record or in
35 open court that the tribunal of this state may continue to exercise juris-
36 diction to modify the its order. and assume continuing, exclusive juris-
37 diction.
38 (2) A tribunal of this state issuing that has issued a child support
39 order consistent with the law of this state may not exercise its continuing,
40 exclusive jurisdiction to modify the order if:
41 (a) the order has been modified by All of the parties who are individuals
42 file consent in a record with the tribunal of this state that a tribunal
43 of another state pursuant to this chapter or a law substantially similar
44 to this chapter that has jurisdiction over at least one (1) of the parties
45 who is an individual or that is located in the state of residence of the
46 child may modify the order and assume continuing, exclusive jurisdiction;
47 or
48 (b) Its order is not the controlling order.
49 (3) If a child support order of this state is modified by a tribunal of
50 another state pursuant to this chapter or a law substantially similar to this
51 chapter, a tribunal of this state loses its continuing, exclusive jurisdiction
52 with regard to prospective enforcement of the order issued in this state, and
53 may only:
7
1 (a) Enforce the order that was modified as to amounts accruing before the
2 modification;
3 (b) Enforce nonmodified aspects of that order; and
4 (c) Provide other appropriate relief for violations of that order which
5 occurred before the effective date of the modification.
6 (4) A tribunal of this state shall recognize the continuing, exclusive
7 jurisdiction of If a tribunal of another state which has issued a child sup-
8 port order pursuant to this chapter or a law substantially similar to this
9 chapter which modifies a child support order of a tribunal of this state, tri-
10 bunals of this state shall recognize the continuing, exclusive jurisdiction of
11 the tribunal of the other state.
12 (4) A tribunal of this state which lacks continuing, exclusive jurisdic-
13 tion to modify a child support order may serve as an initiating tribunal to
14 request a tribunal of another state to modify a support order issued in that
15 state.
16 (5) A temporary support order issued ex parte or pending resolution of a
17 jurisdictional conflict does not create continuing, exclusive jurisdiction in
18 the issuing tribunal.
19 (6) A tribunal of this state issuing a support order consistent with the
20 law of this state has continuing, exclusive jurisdiction over a spousal sup-
21 port order throughout the existence of the support obligation. A tribunal of
22 this state may not modify a spousal support order issued by a tribunal of
23 another state having continuing, exclusive jurisdiction over that order under
24 the law of that state.
25 SECTION 7. That Section 7-1009, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 7-1009. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING
28 CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER. (1) A tribunal of this
29 state that has issued a child support order consistent with the law of this
30 state may serve as an initiating tribunal to request a tribunal of another
31 state to enforce: or modify a support order issued in that state
32 (a) The order if the order is the controlling order and has not been mod-
33 ified by a tribunal of another state that assumed jurisdiction pursuant to
34 this chapter; or
35 (b) A money judgment for arrears of support and interest on the order
36 accrued before a determination that an order of another state is the con-
37 trolling order.
38 (2) A tribunal of this state having continuing, exclusive jurisdiction
39 over a support order may act as a responding tribunal to enforce or modify
40 that the order. If a party subject to the continuing, exclusive jurisdiction
41 of the tribunal no longer resides in the issuing state, in subsequent proceed-
42 ings the tribunal may apply section 7-1028, Idaho Code, to receive evidence
43 from another state and section 7-1030, Idaho Code, to obtain discovery through
44 a tribunal of another state.
45 (3) A tribunal of this state which lacks continuing, exclusive jurisdic-
46 tion over a spousal support order may not serve as a responding tribunal to
47 modify a spousal support order of another state.
48 SECTION 8. That Chapter 10, Title 7, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 7-1009A, Idaho Code, and to read as follows:
51 7-1009A. APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURIS-
8
1 DICTION. A tribunal of this state exercising personal jurisdiction over a non-
2 resident in a proceeding under this chapter, under other law of this state
3 relating to a support order, or recognizing a support order of a foreign coun-
4 try or political subdivision on the basis of comity may receive evidence from
5 another state pursuant to section 7-1028, Idaho Code, communicate with a tri-
6 bunal of another state pursuant to section 7-1029, Idaho Code, and obtain dis-
7 covery through a tribunal of another state pursuant to section 7-1030, Idaho
8 Code. In all other respects, sections 7-1013 through 7-1054, Idaho Code, do
9 not apply and the tribunal shall apply the procedural and substantive law of
10 this state.
11 SECTION 9. That Chapter 10, Title 7, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 7-1009B, Idaho Code, and to read as follows:
14 7-1009B. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL-SUPPORT
15 ORDER. (1) A tribunal of this state issuing a spousal-support order consistent
16 with the law of this state has continuing, exclusive jurisdiction to modify
17 the spousal-support order throughout the existence of the support obligation.
18 (2) A tribunal of this state may not modify a spousal-support order
19 issued by a tribunal of another state having continuing, exclusive jurisdic-
20 tion over that order under the law of that state.
21 (3) A tribunal of this state that has continuing, exclusive jurisdiction
22 over a spousal-support order may serve as:
23 (a) An initiating tribunal to request a tribunal of another state to
24 enforce the spousal-support order issued in this state; or
25 (b) A responding tribunal to enforce or modify its own spousal-support
26 order.
27 SECTION 10. That Section 7-1010, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 7-1010. RECOGNITION DETERMINATION OF CONTROLLING CHILD SUPPORT ORDERS.
30 (1) If a proceeding is brought under this chapter and only one (1) tribunal
31 has issued a child support order, the order of that tribunal is controlling
32 and must be so recognized.
33 (2) If a proceeding is brought under this chapter, and two (2) or more
34 child support orders have been issued by tribunals of this state or another
35 state with regard to the same obligor and same child, a tribunal of this state
36 having personal jurisdiction over both the obligor and individual obligee
37 shall apply the following rules in determining and by order shall determine
38 which order to recognize for purposes of continuing, exclusive jurisdiction
39 controls:
40 (a) If only one (1) of the tribunals would have continuing, exclusive
41 jurisdiction under this chapter, the order of that tribunal is controlling
42 and must be so recognized;
43 (b) If more than one (1) of the tribunals would have continuing, exclu-
44 sive jurisdiction under this chapter,:
45 (i) Aan order issued by a tribunal in the current home state of the
46 child must be recognized, controls; but
47 (ii) Iif an order has not been issued in the current home state of
48 the child, the order more most recently issued is controlling and
49 must be recognized controls;
50 (c) If none of the tribunals would have continuing, exclusive jurisdic-
51 tion under this chapter, the tribunal of this state having jurisdiction
9
1 over the parties must shall issue a child support order, which is control-
2 ling and must be recognized controls.
3 (3) If two (2) or more child support orders have been issued for the same
4 obligor and same child, and if the obligor or the individual obligee resides
5 in this state, upon request of a party may request who is an individual or a
6 support enforcement agency, a tribunal of this state to having personal juris-
7 diction over both the obligor and the obligee who is an individual shall
8 determine which order controls and must be recognized under subsection (2) of
9 this section. The request must be accompanied by a certified copy of every
10 support order in effect. Every party whose rights may be affected by a deter-
11 mination of the controlling order must be given notice of the request for that
12 determination. The request may be filed with a registration for enforcement or
13 registration for modification pursuant to sections 7-1040 through 7-1053,
14 Idaho Code, or may be filed as a separate proceeding.
15 (4) A request to determine which is the controlling order must be accom-
16 panied by a copy of every child support order in effect and the applicable
17 record of payments. The requesting party shall give notice of the request to
18 each party whose rights may be affected by the determination.
19 (5) The tribunal that issued the controlling order that must be recog-
20 nized as controlling under subsection (1), (2) or (3) of this section is the
21 tribunal that has continuing, exclusive jurisdiction in accordance with to the
22 extent provided in section 7-1008 or 7-1009, Idaho Code.
23 (56) A tribunal of this state which that determines by order the identity
24 of which is the controlling child support order under subsections (2)(a), or
25 (2)(b), or (3) of this section or which that issues a new controlling child
26 support order under subsection (2)(c) of this section shall include state in
27 that order:
28 (a) Tthe basis upon which the tribunal made its determination;
29 (b) The amount of prospective support, if any; and
30 (c) The total amount of consolidated arrears and accrued interest, if
31 any, under all of the orders after all payments made are credited as pro-
32 vided by section 7-1012, Idaho Code.
33 (67) Within thirty (30) days after issuance of the an order determining
34 the identity of which is the controlling order, the party obtaining that order
35 shall file a certified copy of it with in each tribunal that had issued or
36 registered an earlier order of child support. Failure of the A party or sup-
37 port enforcement agency obtaining the order that fails to file a certified
38 copy as required is subjects that party to appropriate sanctions by a tribunal
39 in which the issue of failure to file arises., but that The failure has no
40 effect on to file does not affect the validity or enforceability of the con-
41 trolling order.
42 (8) An order that has been determined to be the controlling order, or a
43 judgment for consolidated arrears of support and interest, if any, made pursu-
44 ant to this section must be recognized in proceedings under this chapter.
45 SECTION 11. That Section 7-1011, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 7-1011. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In
48 responding to multiple registrations or petitions for enforcement of two (2)
49 or more child support orders in effect at the same time with regard to the
50 same obligor and different individual obligees, at least one (1) of which was
51 issued by a tribunal of another state, a tribunal of this state shall enforce
52 those orders in the same manner as if the multiple orders had been issued by a
53 tribunal of this state.
10
1 SECTION 12. That Section 7-1012, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-1012. CREDIT FOR PAYMENTS. A tribunal of this state shall credit
4 aAmounts collected and credited for a particular period pursuant to any child
5 support order against the amounts owed for the same period under any other
6 child support order for support of the same child issued by a tribunal of this
7 or another state. must be credited against the amounts accruing or accrued for
8 the same period under a support order issued by the tribunal of this state.
9 SECTION 13. That Section 7-1013, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 7-1013. PROCEEDINGS UNDER THIS CHAPTER. (1) Except as otherwise provided
12 in this chapter, sections 7-1013 through 7-1031, Idaho Code, apply to all pro-
13 ceedings under the provisions of this chapter.
14 (2) This chapter provides for the following proceedings:
15 (a) Establishment of an order for spousal support or child support pursu-
16 ant to section 7-1032, Idaho Code;
17 (b) Enforcement of a support order and income-withholding order of
18 another state without registration pursuant to sections 7-1033 through
19 7-1039, Idaho Code;
20 (c) Registration of an order for spousal support or child support of
21 another state for enforcement pursuant to sections 7-1040 through 7-1053,
22 Idaho Code;
23 (d) Modification of an order for child support or spousal support issued
24 by a tribunal of this state pursuant to sections 7-1006 through 7-1009,
25 Idaho Code;
26 (e) Registration of an order for child support of another state for modi-
27 fication pursuant to sections 7-1040 through 7-1053, Idaho Code;
28 (f) Determination of parentage pursuant to section 7-1054, Idaho Code;
29 and
30 (g) Assertion of jurisdiction over nonresidents pursuant to sections
31 7-1004 and 7-1005, Idaho Code.
32 (3) An individual petitioner or a support enforcement agency may commence
33 initiate a proceeding authorized under this chapter by filing a petition in an
34 initiating tribunal for forwarding to a responding tribunal or by filing a
35 petition or a comparable pleading directly in a tribunal of another state
36 which has or can obtain personal jurisdiction over the respondent.
37 SECTION 14. That Section 7-1014, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 7-1014. ACTION PROCEEDING BY MINOR PARENT. A minor parent, or a guardian
40 or other legal representative of a minor parent, may maintain a proceeding on
41 behalf of or for the benefit of the minor's child.
42 SECTION 15. That Section 7-1015, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 7-1015. APPLICATION OF LAW OF THIS STATE. Except as otherwise provided in
45 this chapter, a responding tribunal of this state shall:
46 (1) Shall aApply the procedural and substantive law, including the rule
47 on choice of law, generally applicable to similar proceedings originating in
48 this state and may exercise all powers and provide all remedies available in
11
1 those proceedings; and
2 (2) Shall dDetermine the duty of support and the amount payable in accor-
3 dance with the law and support guidelines of this state.
4 SECTION 16. That Section 7-1016, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 7-1016. DUTIES OF INITIATING TRIBUNAL. (1) Upon the filing of a petition
7 authorized in this chapter, an initiating tribunal of this state shall for-
8 ward three (3) copies of the petition and its accompanying documents:
9 (a) To the responding tribunal or appropriate support enforcement agency
10 in the responding state; or
11 (b) If the identity of the responding tribunal is unknown, to the state
12 information agency of the responding state with a request that they be
13 forwarded to the appropriate tribunal and that receipt be acknowledged.
14 (2) If a responding state has not enacted this chapter or a law or proce-
15 dure substantially similar to this chapter requested by the responding tribu-
16 nal, a tribunal of this state may shall issue a certificate or other
17 documents and make findings required by the law of the responding state. If
18 the responding state is a foreign jurisdiction country or political subdivi-
19 sion, upon request the tribunal may shall specify the amount of support
20 sought, convert that amount into the equivalent amount in the foreign currency
21 under applicable official or market exchange rate as publicly reported, and
22 provide any other documents necessary to satisfy the requirements of the
23 responding state.
24 SECTION 17. That Section 7-1017, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 7-1017. DUTIES AND POWERS OF RESPONDING TRIBUNAL. (1) When a responding
27 tribunal of this state receives a petition or comparable pleading from an ini-
28 tiating tribunal or directly pursuant to section 7-1013(32), Idaho Code, it
29 shall cause the petition or pleading to be filed and notify the petitioner
30 where and when it was filed.
31 (2) A responding tribunal of this state, to the extent otherwise autho-
32 rized not prohibited by other law, may do one (1) or more of the following:
33 (a) Issue or enforce a support order, modify a child support order,
34 determine the controlling child support order, or render a judgment to
35 determine parentage;
36 (b) Order an obligor to comply with a support order, specifying the
37 amount and the manner of compliance;
38 (c) Order income withholding;
39 (d) Determine the amount of any arrearages, and specify a method of pay-
40 ment;
41 (e) Enforce orders by civil or criminal contempt, or both;
42 (f) Set aside property for satisfaction of the support order;
43 (g) Place liens and order execution on the obligor's property;
44 (h) Order an obligor to keep the tribunal informed of the obligor's cur-
45 rent residential address, telephone number, employer, address of employ-
46 ment, and telephone number at the place of employment;
47 (i) Issue a bench warrant for an obligor who has failed after proper
48 notice to appear at a hearing ordered by the tribunal and enter the bench
49 warrant in any local and state computer systems for criminal warrants;
50 (j) Order the obligor to seek appropriate employment by specified meth-
51 ods;
12
1 (k) Award reasonable attorney's fees and other fees and costs; and
2 (l) Grant any other available remedy.
3 (3) A responding tribunal of this state shall include in a support order
4 issued under this chapter, or in the documents accompanying the order, the
5 calculations on which the support order is based.
6 (4) A responding tribunal of this state may not condition the payment of
7 a support order issued under this chapter upon compliance by a party with pro-
8 visions for visitation.
9 (5) If a responding tribunal of this state issues an order under this
10 chapter, the tribunal shall send a copy of the order to the petitioner and
11 the respondent and to the initiating tribunal, if any.
12 (6) If requested to enforce a support order, arrears, or judgment or mod-
13 ify a support order stated in a foreign currency, a responding tribunal of
14 this state shall convert the amount stated in the foreign currency to the
15 equivalent amount in dollars under applicable official or market exchange rate
16 as publicly reported.
17 SECTION 18. That Section 7-1018, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 7-1018. INAPPROPRIATE TRIBUNAL. If a petition or comparable pleading is
20 received by an inappropriate tribunal of this state, it the tribunal shall
21 forward the pleading and accompanying documents to an appropriate tribunal in
22 this state or another state and notify the petitioner where and when the
23 pleading was sent.
24 SECTION 19. That Section 7-1019, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 7-1019. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (1) A support enforcement
27 agency of this state, upon request, shall provide services to a petitioner in
28 a proceeding under the provisions of this chapter.
29 (2) A support enforcement agency of this state that is providing services
30 to the petitioner as appropriate shall:
31 (a) Take all steps necessary to enable an appropriate tribunal in this
32 state or another state to obtain jurisdiction over the respondent;
33 (b) Request an appropriate tribunal to set a date, time and place for a
34 hearing;
35 (c) Make a reasonable effort to obtain all relevant information, includ-
36 ing information as to income and property of the parties;
37 (d) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
38 days, after receipt of a written notice in a record from an initiating,
39 responding, or registering tribunal, send a copy of the notice to the
40 petitioner;
41 (e) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
42 days, after receipt of a written communication in a record from the
43 respondent or the respondent's attorney, send a copy of the communication
44 to the petitioner; and
45 (f) Notify the petitioner if jurisdiction over the respondent cannot be
46 obtained.
47 (3) A support enforcement agency of this state that requests registration
48 of a child support order in this state for enforcement or for modification
49 shall make reasonable efforts:
50 (a) To ensure that the order to be registered is the controlling order;
51 or
13
1 (b) If two (2) or more child support orders exist and the identity of the
2 controlling order has not been determined, to ensure that a request for
3 such a determination is made in a tribunal having jurisdiction to do so.
4 (4) A support enforcement agency of this state that requests registration
5 and enforcement of a support order, arrears, or judgment stated in a foreign
6 currency shall convert the amounts stated in the foreign currency into the
7 equivalent amounts in dollars under the applicable official or market exchange
8 rate as publicly reported.
9 (5) A support enforcement agency of this state shall request a tribunal
10 of this state to issue a child support order and an income-withholding order
11 that redirect payment of current support, arrears, and interest if requested
12 to do so by a support enforcement agency of another state pursuant to section
13 7-1031, Idaho Code.
14 (6) This chapter does not create or negate a relationship of attorney and
15 client or other fiduciary relationship between a support enforcement agency or
16 the attorney for the agency and the individual being assisted by the agency.
17 SECTION 20. That Section 7-1020, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 7-1020. DUTY OF ATTORNEY GENERAL STATE OFFICIAL OR AGENCY. (1) If the
20 attorney general appropriate state official or agency determines that the sup-
21 port enforcement agency is neglecting or refusing to provide services to an
22 individual, the attorney general state official or agency may order the agency
23 to perform its duties under this chapter or may provide those services
24 directly to the individual.
25 (2) The appropriate state official or agency may determine that a foreign
26 country or political subdivision has established a reciprocal arrangement for
27 child support with this state and take appropriate action for notification of
28 the determination.
29 SECTION 21. That Section 7-1022, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 7-1022. DUTIES OF STATE INFORMATION AGENCY. (1) The central registry in
32 the bureau of child support of the department of health and welfare is the
33 state information agency under this chapter.
34 (2) The state information agency shall:
35 (a) Compile and maintain a current list, including addresses, of the tri-
36 bunals in this state which have jurisdiction under this chapter and any
37 other support enforcement agencies in this state and transmit a copy to
38 the state information agency of every other state;
39 (b) Maintain a register of names and addresses of tribunals and support
40 enforcement agencies received from other states;
41 (c) Forward to the appropriate tribunal in the place county in this state
42 in which the individual obligee who is an individual or the obligor
43 resides, or in which the obligor's property is believed to be located, all
44 documents concerning a proceeding under this chapter received from an ini-
45 tiating tribunal or the state information agency of the initiating state;
46 and
47 (d) Obtain information concerning the location of the obligor and the
48 obligor's property within this state not exempt from execution, by such
49 means as postal verification and federal or state locator services, exami-
50 nation of telephone directories, requests for the obligor's address from
51 employers, and examination of governmental records, including, to the
14
1 extent not prohibited by other law, those relating to real property, vital
2 statistics, law enforcement, taxation, motor vehicles, driver's licenses,
3 and social security.
4 SECTION 22. That Section 7-1023, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 7-1023. PLEADINGS AND ACCOMPANYING DOCUMENTS. (1) In a proceeding under
7 this chapter, aA petitioner seeking to establish or modify a support order, or
8 to determine parentage, in a proceeding under this chapter or to register and
9 modify a support order of another state must verify the file a petition.
10 Unless otherwise ordered under section 7-1024, Idaho Code, the petition or
11 accompanying documents must provide, so far as known, the name, residential
12 address, and social security numbers of the obligor and the obligee or the
13 parent and alleged parent, and the name, sex, residential address, social
14 security number, and date of birth of each child for whom whose benefit sup-
15 port is sought or whose parentage is to be determined. Unless filed at the
16 time of registration, tThe petition must be accompanied by a certified copy of
17 any support order in effect known to have been issued by another tribunal. The
18 petition may include any other information that may assist in locating or
19 identifying the respondent.
20 (2) The petition must specify the relief sought. The petition and accom-
21 panying documents must conform substantially with the requirements imposed by
22 the forms mandated by federal law for use in cases filed by a support enforce-
23 ment agency.
24 SECTION 23. That Section 7-1024, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 7-1024. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES. Upon a
27 finding, which may be made ex parte, If a party alleges in an affidavit or a
28 pleading under oath that the health, safety, or liberty of a party or child
29 would be unreasonably put at risk jeopardized by the disclosure of specific
30 identifying information, or if an existing order so provides, a tribunal shall
31 order that the address of the child or party or other identifying information
32 not be disclosed in a pleading or other document filed in a proceeding under
33 this chapter that information must be sealed and may not be disclosed to the
34 other party or the public. After a hearing in which a tribunal takes into con-
35 sideration the health, safety, or liberty of the party or child, the tribunal
36 may order disclosure of information that the tribunal determines to be in the
37 interest of justice.
38 SECTION 24. That Section 7-1026, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 7-1026. LIMITED IMMUNITY OF PETITIONER. (1) Participation by a petitioner
41 in a proceeding under this chapter before a responding tribunal, whether in
42 person, by private attorney, or through services provided by the support
43 enforcement agency, does not confer personal jurisdiction over the petitioner
44 in another proceeding.
45 (2) A petitioner is not amenable to service of civil process while physi-
46 cally present in this state to participate in a proceeding under this chapter.
47 (3) The immunity granted by this section does not extend to civil litiga-
48 tion based on acts unrelated to a proceeding under this chapter committed by a
49 party while physically present in this state to participate in the proceeding.
15
1 SECTION 25. That Section 7-1028, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-1028. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (1) The physical pres-
4 ence of the petitioner a nonresident party who is an individual in a respond-
5 ing tribunal of this state is not required for the establishment, enforcement,
6 or modification of a support order or the rendition of a judgment determining
7 parentage.
8 (2) A verified petition, An affidavit, a document substantially complying
9 with federally mandated forms, and or a document incorporated by reference in
10 any of them, which would not be excluded under the hearsay rule if given in
11 person, is admissible in evidence if given under oath penalty of perjury by a
12 party or witness residing in another state.
13 (3) A copy of the record of child support payments certified as a true
14 copy of the original by the custodian of the record may be forwarded to a
15 responding tribunal. The copy is evidence of facts asserted in it, and is
16 admissible to show whether payments were made.
17 (4) Copies of bills for testing for parentage, and for prenatal and
18 postnatal health care of the mother and child, furnished to the adverse party
19 at least ten (10) days before trial, are admissible in evidence to prove the
20 amount of the charges billed and that the charges were reasonable, necessary,
21 and customary.
22 (5) Documentary evidence transmitted from another state to a tribunal of
23 this state by telephone, telecopier, or other means that do not provide an
24 original writing record may not be excluded from evidence on an objection
25 based on the means of transmission.
26 (6) In a proceeding under this chapter, a tribunal of this state may
27 shall permit a party or witness residing in another state to be deposed or to
28 testify by telephone, audiovisual means, or other electronic means at a desig-
29 nated tribunal or other location in that state. A tribunal of this state shall
30 cooperate with tribunals of other states in designating an appropriate loca-
31 tion for the deposition or testimony.
32 (7) If a party called to testify at a civil hearing refuses to answer on
33 the ground that the testimony may be self-incriminating, the trier of fact may
34 draw an adverse inference from the refusal.
35 (8) A privilege against disclosure of communications between spouses does
36 not apply in a proceeding under this chapter.
37 (9) The defense of immunity based upon the relationship of husband and
38 wife or parent and child does not apply in a proceeding under this chapter.
39 (10) A voluntary acknowledgment of paternity, certified as a true copy, is
40 admissible to establish parentage of the child.
41 SECTION 26. That Section 7-1029, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 7-1029. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of this state may
44 communicate with a tribunal of another state or foreign country or political
45 subdivision in writing a record, or by telephone or other means, to obtain
46 information concerning the laws, of that state, the legal effect of a judg-
47 ment, decree, or order of that tribunal, and the status of a proceeding in the
48 other state or foreign country or political subdivision. A tribunal of this
49 state may furnish similar information by similar means to a tribunal of
50 another state or foreign country or political subdivision.
51 SECTION 27. That Section 7-1031, Idaho Code, be, and the same is hereby
16
1 amended to read as follows:
2 7-1031. RECEIPT AND DISBURSEMENT OF PAYMENTS. (1) A support enforcement
3 agency or tribunal of this state shall disburse promptly any amounts received
4 pursuant to a support order, as directed by the order. The agency or tribunal
5 shall furnish to a requesting party or tribunal of another state a certified
6 statement by the custodian of the record of the amounts and dates of all pay-
7 ments received.
8 (2) If neither the obligor, nor the obligee who is an individual, nor the
9 child resides in this state, upon request from the support enforcement agency
10 of this state or another state, the support enforcement agency of this state
11 or a tribunal of this state shall:
12 (a) Direct that the support payment be made to the support enforcement
13 agency in the state in which the obligee is receiving services; and
14 (b) Issue and send to the obligor's employer a conforming income-
15 withholding order or an administrative notice of change of payee, reflect-
16 ing the redirected payments.
17 (3) The support enforcement agency of this state receiving redirected
18 payments from another state pursuant to subsection (2) of this section shall
19 furnish to a requesting party or tribunal of the other state a certified
20 statement by the custodian of the record of the amount and date of all pay-
21 ments received.
22 SECTION 28. That Section 7-1032, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 7-1032. PETITION TO ESTABLISH SUPPORT ORDER. (1) If a support order enti-
25 tled to recognition under this chapter has not been issued, a responding tri-
26 bunal of this state may issue a support order if:
27 (a) The individual seeking the order resides in another state; or
28 (b) The support enforcement agency seeking the order is located in
29 another state.
30 (2) The tribunal may issue a temporary child support order if the tribu-
31 nal determines that such an order is appropriate and the individual ordered to
32 pay is:
33 (a) The respondent has signed a verified statement acknowledging parent-
34 age A presumed father of the child;
35 (b) The respondent has been determined by or pursuant to law to be the
36 parent Petitioning to have his paternity adjudicated; or
37 (c) There is other clear and convincing evidence that the respondent is
38 the child's parent Identified as the father of the child through genetic
39 testing;
40 (d) An alleged father who has declined to submit to genetic testing;
41 (e) Shown by clear and convincing evidence to be the father of the child;
42 (f) An acknowledged father as provided by applicable state law;
43 (g) The mother of the child; or
44 (h) An individual who has been ordered to pay child support in a previous
45 proceeding and the order has not been reversed or vacated.
46 (3) Upon finding, after notice and opportunity to be heard, that an obli-
47 gor owes a duty of support, the tribunal shall issue a support order directed
48 to the obligor and may issue other orders pursuant to section 7-1017, Idaho
49 Code.
50 SECTION 29. That Section 7-1033, Idaho Code, be, and the same is hereby
51 amended to read as follows:
17
1 7-1033. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
2 An income-withholding order issued in another state may be sent by or on
3 behalf of the obligee, or by the support enforcement agency, to the person or
4 entity defined as the obligor's employer under the provisions of chapter 12,
5 title 7, Idaho Code, without first filing a petition or comparable pleading or
6 registering the order with a tribunal of this state.
7 SECTION 30. That Section 7-1034, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 7-1034. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER
10 STATE. (1) Upon the receipt of the an income-withholding order, the obligor's
11 employer shall immediately provide a copy of the order to the obligor.
12 (2) The employer shall treat an income-withholding order issued in
13 another state which appears regular on its face as if it has had been issued
14 by a tribunal of this state.
15 (3) Except as provided by subsection (4) of this section and section
16 7-1035, Idaho Code, the employer shall withhold and distribute the funds as
17 directed in the withholding order by complying with the terms of the order, as
18 applicable, that which specify:
19 (a) The duration and the amount of periodic payments of current child
20 support, stated as a sum certain;
21 (b) The person or agency designated to receive payments and the address
22 to which the payments are to be forwarded;
23 (c) Medical support, whether in the form of periodic cash payment, stated
24 as a sum certain, or ordering the obligor to provide health insurance cov-
25 erage for the child under a policy available through the obligor's employ-
26 ment;
27 (d) The amount of periodic payments of fees and costs for a support
28 enforcement agency, the issuing tribunal, and the obligee's attorney,
29 stated as sums certain; and
30 (e) The amount of periodic payments of arrears and interest on arrears,
31 stated as sums certain.
32 (4) The employer shall comply with the law of the state of the obligor's
33 principal place of employment for withholding from income with respect to:
34 (a) The employer's fee for processing an income-withholding order;
35 (b) The maximum amount permitted to be withheld from the obligor's
36 income; and
37 (c) The times periods within which the employer must implement the with-
38 holding order and forward the child support payment.
39 SECTION 31. That Section 7-1035, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 7-1035. EMPLOYER'S COMPLIANCE WITH MULTIPLE TWO OR MORE INCOME-
42 WITHHOLDING ORDERS. If the an obligor's employer receives multiple two (2) or
43 more income-withholding orders with respect to withhold support from the earn-
44 ings of the same obligor, the employer shall be deemed to have satisfied sat-
45 isfies the terms of the multiple orders if the employer complies with the law
46 of the state of the obligor's principal place of employment to establish the
47 priorities for withholding and allocating income withheld for multiple two (2)
48 or more child support obligees. is complied with.
49 SECTION 32. That Section 7-1036, Idaho Code, be, and the same is hereby
50 amended to read as follows:
18
1 7-1036. IMMUNITY FROM CIVIL LIABILITY. An employer who complies with an
2 income-withholding order issued by in another state in accordance with this
3 article chapter is not subject to civil liability to any individual or agency
4 with regard to the employer's withholding of child support from the obligor's
5 income.
6 SECTION 33. That Section 7-1038, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 7-1038. CONTEST BY OBLIGOR. (1) An obligor may contest the validity or
9 enforcement of an income-withholding order issued in another state and
10 received directly by an employer in this state by registering the order in a
11 tribunal of this state and filing a contest to that order as provided in sec-
12 tions 7-1040 through 7-1053, Idaho Code, or otherwise contesting the order in
13 the same manner as if the order had been issued by a tribunal of this state.
14 Section 7-1043, Idaho Code, applies to the contest.
15 (2) The obligor shall give notice of the contest to:
16 (a) A support enforcement agency providing services to the obligee;
17 (b) Each employer which that has directly received an income-withholding
18 order relating to the obligor; and
19 (c) The person or agency designated to receive payments in the income-
20 withholding order, or, if no person is designated, to the obligee.
21 SECTION 34. That Section 7-1039, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 7-1039. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (1) A party or support
24 enforcement agency seeking to enforce a support order or an income-withholding
25 order, or both, issued by a tribunal of another state may send the documents
26 required for registering the order to a support enforcement agency of this
27 state.
28 (2) Upon receipt of the documents, the support enforcement agency, with-
29 out initially seeking to register the order, shall consider and, if appropri-
30 ate, use any administrative procedure authorized by the law of this state to
31 enforce a support order or an income-withholding order, or both. If the obli-
32 gor does not contest administrative enforcement, the order need not be regis-
33 tered. If the obligor contests the validity or administrative enforcement of
34 the order, the support enforcement agency shall register the order pursuant to
35 this chapter.
36 SECTION 35. That Section 7-1040, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 7-1040. REGISTRATION OF ORDER FOR ENFORCEMENT. A support order or an
39 income-withholding order issued by a tribunal of another state may be regis-
40 tered in this state for enforcement.
41 SECTION 36. That Section 7-1041, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 7-1041. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order
44 or income-withholding order of another state may be registered in this state
45 by sending the following documents records and information to the district
46 court in this state:
47 (a) A letter of transmittal to the tribunal requesting registration and
19
1 enforcement;
2 (b) Two (2) copies, including one (1) certified copy, of all the orders
3 to be registered, including any modification of an the order;
4 (c) A sworn statement by the party seeking person requesting registration
5 or a certified statement by the custodian of the records showing the
6 amount of any arrearage;
7 (d) The name of the obligor and, if known:
8 (i) The obligor's address and social security number;
9 (ii) The name and address of the obligor's employer and any other
10 source of income of the obligor; and
11 (iii) A description and the location of property of the obligor in
12 this state not exempt from execution; and
13 (e) Except as otherwise provided in section 7-1024, Idaho Code, tThe name
14 and address of the obligee and, if applicable, the agency or person to
15 whom support payments are to be remitted.
16 (2) On receipt of a request for registration, the registering tribunal
17 shall cause the order to be filed as a foreign judgment, together with one (1)
18 copy of the documents and information, regardless of their form.
19 (3) A petition or comparable pleading seeking a remedy that must be
20 affirmatively sought under other law of this state may be filed at the same
21 time as the request for registration or later. The pleading must specify the
22 grounds for the remedy sought.
23 (4) If two (2) or more orders are in effect, the person requesting regis-
24 tration shall:
25 (a) Furnish to the tribunal a copy of every support order asserted to be
26 in effect in addition to the documents specified in this section;
27 (b) Specify the order alleged to be the controlling order, if any; and
28 (c) Specify the amount of consolidated arrears, if any.
29 (5) A request for a determination of which is the controlling order may
30 be filed separately or with a request for registration and enforcement or for
31 registration and modification. The person requesting registration shall give
32 notice of the request to each party whose rights may be affected by the deter-
33 mination.
34 SECTION 37. That Section 7-1043, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 7-1043. CHOICE OF LAW. (1) Except as otherwise provided in subsection (4)
37 of this section, tThe law of the issuing state governs:
38 (a) Tthe nature, extent, amount, and duration of current payments and
39 other obligations of support and under a registered support order;
40 (b) Tthe computation and payment of arrearages and accrual of interest on
41 the arrearages under the support order; and
42 (c) The existence and satisfaction of other obligations under the support
43 order.
44 (2) In a proceeding for arrearages arrears under a registered support
45 order, the statute of limitation under the laws of this state or of the issu-
46 ing state, whichever is longer, applies.
47 (3) A responding tribunal of this state shall apply the procedures and
48 remedies of this state to enforce current support and collect arrears and
49 interest due on a support order of another state registered in this state.
50 (4) After a tribunal of this or another state determines which is the
51 controlling order and issues an order consolidating arrears, if any, a tribu-
52 nal of this state shall prospectively apply the law of the state issuing the
53 controlling order, including its law on interest on arrears, on current and
20
1 future support, and on consolidated arrears.
2 SECTION 38. That Section 7-1044, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 7-1044. NOTICE OF REGISTRATION OF ORDER. (1) When a support order or
5 income-withholding order issued in another state is registered, the register-
6 ing tribunal shall notify the nonregistering party. The notice must be accom-
7 panied by a copy of the registered order and the documents and relevant infor-
8 mation accompanying the order.
9 (2) The A notice must inform the nonregistering party:
10 (a) That a registered order is enforceable as of the date of registration
11 in the same manner as an order issued by a tribunal of this state;
12 (b) That a hearing to contest the validity or enforcement of the regis-
13 tered order must be requested within twenty (20) days after the date of
14 mailing or personal service of the notice;
15 (c) That failure to contest the validity or enforcement of the registered
16 order in a timely manner will result in confirmation of the order and
17 enforcement of the order and the alleged arrearages; and precludes further
18 contest of that order with respect to any matter that could have been
19 asserted; and
20 (d) Of the amount of any alleged arrearages.
21 (3) If the registering party asserts that two (2) or more orders are in
22 effect, a notice must also:
23 (a) Identify the two (2) or more orders and the order alleged by the reg-
24 istering person to be the controlling order and the consolidated arrears,
25 if any;
26 (b) Notify the nonregistering party of the right to a determination of
27 which is the controlling order;
28 (c) State that the procedures provided in subsection (2) of this section
29 apply to the determination of which is the controlling order; and
30 (d) State that failure to contest the validity or enforcement of the
31 order alleged to be the controlling order in a timely manner may result in
32 confirmation that the order is the controlling order.
33 (4) Upon registration of an income-withholding order for enforcement, the
34 registering tribunal shall notify the obligor's employer pursuant to the pro-
35 visions of chapter 12, title 7, Idaho Code.
36 SECTION 39. That Section 7-1046, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 7-1046. CONTEST OF REGISTRATION OR ENFORCEMENT. (1) A party contesting
39 the validity or enforcement of a registered order or seeking to vacate the
40 registration has the burden of proving one (1) or more of the following
41 defenses:
42 (a) The issuing tribunal lacked personal jurisdiction over the contesting
43 party;
44 (b) The order was obtained by fraud;
45 (c) The order has been vacated, suspended, or modified by a later order;
46 (d) The issuing tribunal has stayed the order pending appeal;
47 (e) There is a defense under the law of this state to the remedy sought;
48 (f) Full or partial payment has been made; or
49 (g) The statute of limitation under section 7-1043, Idaho Code, precludes
50 enforcement of some or all of the alleged arrearages; or
51 (h) The alleged controlling order is not the controlling order.
21
1 (2) If a party presents evidence establishing a full or partial defense
2 under subsection (1) of this section, a tribunal may stay enforcement of the
3 registered order, continue the proceeding to permit production of additional
4 relevant evidence, and issue other appropriate orders. An uncontested portion
5 of the registered order may be enforced by all remedies available under the
6 law of this state.
7 (3) If the contesting party does not establish a defense under subsection
8 (1) of this section to the validity or enforcement of the order, the register-
9 ing tribunal shall issue an order confirming the order.
10 SECTION 40. That Section 7-1049, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 7-1049. EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this state
13 may enforce a child support order of another state registered for purposes of
14 modification, in the same manner as if the order had been issued by a tribunal
15 of this state, but the registered order may be modified only if the require-
16 ments of section 7-1050, 7-1050A or 7-1052, Idaho Code, have been met.
17 SECTION 41. That Section 7-1050, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 7-1050. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (1) After
20 If section 7-1052, Idaho Code, does not apply, except as otherwise provided in
21 section 7-1050A, Idaho Code, upon petition a tribunal of this state may modify
22 a child support order issued in another state has been which is registered in
23 this state, unless the provisions of section 7-1052, Idaho Code, apply, the
24 responding tribunal of this state may modify that order only if, after notice
25 and hearing, it the tribunal finds that:
26 (a) The following requirements are met:
27 (i) Neither tThe child, nor the individual obligee who is an indi-
28 vidual, and nor the obligor do not resides in the issuing state;
29 (ii) A petitioner who is a nonresident of the this state seeks modi-
30 fication; and
31 (iii) The respondent is subject to the personal jurisdiction of the
32 tribunal of this state; or
33 (b) An individual party or This state is the state of residence of the
34 child, or a party who is an individual is subject to the personal juris-
35 diction of the tribunal of this state, and all of the individual parties
36 who are individuals have filed a written consents in a record in the issu-
37 ing tribunal providing that for a tribunal of this state may to modify the
38 support order and assume continuing, exclusive jurisdiction. over the
39 order. However, if the issuing state is a foreign jurisdiction which has
40 not enacted this chapter, the written consent of the individual party
41 residing in this state is not required for the tribunal to assume juris-
42 diction to modify the child support order.
43 (2) Modification of a registered child support order is subject to the
44 same requirements, procedures, and defenses that apply to the modification of
45 an order issued by a tribunal of this state and the order may be enforced and
46 satisfied in the same manner.
47 (3) Except as otherwise provided in section 7-1050A, Idaho Code, aA tri-
48 bunal of this state may not modify any aspect of a child support order that
49 may not be modified under the law of the issuing state, including the duration
50 of the obligation of support. If two (2) or more tribunals have issued child
51 support orders for the same obligor and same child, the order that is control-
22
1 ling controls and must be so recognized under the provisions of section
2 7-1010, Idaho Code, establishes the nonmodifiable aspects of the support order
3 which are nonmodifiable.
4 (4) In a proceeding to modify a child support order, the law of the state
5 that is determined to have issued the initial controlling order governs the
6 duration of the obligation of support. The obligor's fulfillment of the duty
7 of support established by that order precludes imposition of a further obliga-
8 tion of support by a tribunal of this state.
9 (5) On the issuance of an order by a tribunal of this state modifying a
10 child support order issued in another state, a the tribunal of this state
11 becomes the tribunal of having continuing, exclusive jurisdiction.
12 SECTION 42. That Chapter 10, Title 7, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 7-1050A, Idaho Code, and to read as follows:
15 7-1050A. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY OR
16 POLITICAL SUBDIVISION. (1) If a foreign country or political subdivision that
17 is a state will not or may not modify its order pursuant to its laws, a tribu-
18 nal of this state may assume jurisdiction to modify the child support order
19 and bind all individuals subject to the personal jurisdiction of the tribunal
20 whether or not the consent to modification of a child support order otherwise
21 required of the individual pursuant to section 7-1050, Idaho Code, has been
22 given or whether the individual seeking modification is a resident of this
23 state or of the foreign country or political subdivision.
24 (2) An order issued pursuant to this section is the controlling order.
25 SECTION 43. That Section 7-1051, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 7-1051. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. If a child sup-
28 port order issued by aA tribunal of this state shall recognize a modification
29 of its earlier child support order is modified by a tribunal of another state
30 which assumed jurisdiction pursuant to this chapter, or a law substantially
31 similar to this chapter and, upon request, except as otherwise provided in
32 this chapter, shall a tribunal of this state:
33 (1) May eEnforce the its order that was modified only as to amounts
34 arrears and interest accruing before the modification;
35 (2) Enforce only nonmodifiable aspects of that order;
36 (3) May pProvide other appropriate relief only for violations of that its
37 order which occurred before the effective date of the modification; and
38 (43) Shall rRecognize the modifying order of the other state, upon regis-
39 tration, for the purpose of enforcement.
40 SECTION 44. That Section 7-1052, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 7-1052. JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDI-
43 VIDUAL PARTIES RESIDE IN THIS STATE. (1) If all of the individual parties who
44 are individuals reside in this state and the child does not reside in the
45 issuing state, a tribunal of this state has jurisdiction to enforce and to
46 modify the issuing state's child support order in a proceeding to register
47 that order.
48 (2) A tribunal of this state exercising jurisdiction as provided in under
49 this section shall apply the provisions of sections 7-1001 through 7-1012,
23
1 Idaho Code, and this section, and the procedural and substantive law of this
2 state to the enforcement or modification proceeding for enforcement and modi-
3 fication. Sections 7-1013 through 7-1039, Idaho Code, and sections 7-1054
4 through 7-1056, Idaho Code, do not apply. and the tribunal shall apply the
5 procedural and substantive law of this state.
6 SECTION 45. That Section 7-1053, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 7-1053. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. Within thirty (30)
9 days after issuance of a modified child support order, the party obtaining the
10 modification shall file a certified copy of the order with the issuing tribu-
11 nal which that had continuing, exclusive jurisdiction over the earlier order,
12 and in each tribunal in which the party knows that the earlier order has been
13 registered. Failure of the A party obtaining who obtains the order and fails
14 to file a certified copy as required subjects that party is subject to appro-
15 priate sanctions by a tribunal in which the issue of failure to file arises.,
16 but that The failure has no effect on to file does not affect the validity or
17 enforceability of the modified order of the new tribunal of having continuing,
18 exclusive jurisdiction.
19 SECTION 46. That Section 7-1054, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-1054. PROCEEDING TO DETERMINE PARENTAGE. (1) A tribunal court of this
22 state authorized to determine parentage of a child may serve as an initiating
23 or a responding tribunal in a proceeding to determine parentage brought under
24 this chapter or a law or procedure substantially similar to this chapter., or
25 under a law or procedure substantially similar to the uniform reciprocal
26 enforcement of support act, or the revised uniform reciprocal enforcement of
27 support act to determine that the petitioner is a parent of a particular child
28 or to determine that a respondent is a parent of that child.
29 (2) In a proceeding to determine parentage, a responding tribunal of this
30 state shall apply the provisions of chapter 11, title 7, Idaho Code, and the
31 rules of this state on choice of law.
32 SECTION 47. That Section 7-1055, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 7-1055. GROUNDS FOR RENDITION. (1) For purposes of sections 7-1055 and
35 7-1056, Idaho Code, "governor" includes an individual performing the functions
36 of governor or the executive authority of a state covered by this chapter.
37 (2) The governor of this state may:
38 (a) Demand that the governor of another state surrender an individual
39 found in the other state who is charged criminally in this state with hav-
40 ing failed to provide for the support of an obligee; or
41 (b) On the demand by of the governor of another state, surrender an indi-
42 vidual found in this state who is charged criminally in the other state
43 with having failed to provide for the support of an obligee.
44 (3) A provision for extradition of individuals not inconsistent with this
45 chapter applies to the demand even if the individual whose surrender is
46 demanded was not in the demanding state when the crime was allegedly committed
47 and has not fled therefrom.
48 SECTION 48. That Section 7-1056, Idaho Code, be, and the same is hereby
24
1 amended to read as follows:
2 7-1056. CONDITIONS OF RENDITION. (1) Before making a demand that the gov-
3 ernor of another state surrender an individual charged criminally in this
4 state with having failed to provide for the support of an obligee, the gover-
5 nor of this state may require a prosecutor of this state to demonstrate that
6 at least sixty (60) days previously the obligee had initiated proceedings for
7 support pursuant to this chapter or that the proceeding would be of no avail.
8 (2) If, under this chapter or a law substantially similar to this chap-
9 ter, the uniform reciprocal enforcement of support act, or the revised uniform
10 reciprocal enforcement of support act, the governor of another state makes a
11 demand that the governor of this state surrender an individual charged crimi-
12 nally in that state with having failed to provide for the support of a child
13 or other individual to whom a duty of support is owed, the governor may
14 require a prosecutor to investigate the demand and report whether a proceeding
15 for support has been initiated or would be effective. If it appears that a
16 proceeding would be effective but has not been initiated, the governor may
17 delay honoring the demand for a reasonable time to permit the initiation of a
18 proceeding.
19 (3) If a proceeding for support has been initiated and the individual
20 whose rendition is demanded prevails, the governor may decline to honor the
21 demand. If the petitioner prevails and the individual whose rendition is
22 demanded is subject to a support order, the governor may decline to honor the
23 demand if the individual is complying with the support order.
24 SECTION 49. That Section 7-1057, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 7-1057. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and con-
27 struing tThis chapter shall be applied and construed to effectuate its general
28 purpose to make uniform consideration must be given to the need to promote
29 uniformity of the law with respect to the its subject of this chapter matter
30 among the states enacting that enact it.
STATEMENT OF PURPOSE
RS 12409
This legislation proposes to modify Idaho's version of the
Uniform Interstate Family Support Act to make it consistent with
the adopted modifications by the National Conference of
Commissioners on uniform state laws.FISCAL IMPACT
No fiscal impact anticipated.
Contact
Name: Senator Bart M. Davis, Attorney's William J. Batt, Rex
Blackburn and Dale Higer
Phone: 332-1305, 331-1000- 489-8989, 389-9000 respectively
STATEMENT OF PURPOSE/FISCAL NOTE S1015