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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 - 2003IN 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, or24under a law or procedure substantially similar to the uniform reciprocal25enforcement of support act, or the revised uniform reciprocal enforcement of26support 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, or8under a law or procedure substantially similar to the uniform reciprocal9enforcement of support act, or the revised uniform reciprocal enforcement of10support 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 ofPuerto 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 foreignjurisdictioncountry 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-28form reciprocal enforcement of support act or the revised uniform29enforcement 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;or36 (d)To locateLocation of obligors or their assets; or 37 (e) Determination of the controlling child support order. 38 (213) "Support order" means a judgment, decree,ororder, 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.BASISBASES FOR JURISDICTION OVER NONRESIDENT. (1) In a proceed- 9 ing to establish,or enforce, or modifya 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 EXERCISINGDURATION OF PERSONAL JURISDICTION. 36OVER NONRESIDENT.A tribunal of this state exercising pPersonal jurisdiction 37over a nonresident under section 7-1004, Idaho Code, may apply section 7-1028,38Idaho Code, to receive evidence from another state, section 7-1030, Idaho39Code, to obtain discovery through a tribunal of another state. In all other40respects, sections 7-1013 through 7-1054, Idaho Code, do not apply and the41tribunal shall apply the procedural and substantive lawacquired by a tribunal 42 of this state, including the rules on choice of law other than those estab-43lished byin 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 stateissuingthat has issued a child support order 25 consistent with the law of this state has and shall exercise continuing, 26 exclusive jurisdictionover ato modify its child support order if the order 27 is the controlling order, and: 28 (a)As long asAt the time of the filing of a request for modification 29 this stateremainsis 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-32nal ofEven if this statefor a tribunal of another stateis 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 modifytheits order.and assume continuing, exclusive juris-37diction.38 (2) A tribunal of this stateissuingthat has issued a child support 39 order consistent with the law of this state may not exerciseitscontinuing, 40 exclusive jurisdiction to modify the order if: 41 (a)the order has been modified byAll of the parties who are individuals 42 file consent in a record with the tribunal of this state that a tribunal 43 of another statepursuant to this chapter or a law substantially similar44to this chapterthat 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 of50another state pursuant to this chapter or a law substantially similar to this51chapter, a tribunal of this state loses its continuing, exclusive jurisdiction52with regard to prospective enforcement of the order issued in this state, and53may only:7 1(a) Enforce the order that was modified as to amounts accruing before the2modification;3(b) Enforce nonmodified aspects of that order; and4(c) Provide other appropriate relief for violations of that order which5occurred before the effective date of the modification.6(4) A tribunal of this state shall recognize the continuing, exclusive7jurisdiction ofIf a tribunal of another statewhichhas 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 the20law of this state has continuing, exclusive jurisdiction over a spousal sup-21port order throughout the existence of the support obligation. A tribunal of22this state may not modify a spousal support order issued by a tribunal of23another state having continuing, exclusive jurisdiction over that order under24the 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 HAVING28 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 state32 (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, exclusivejurisdiction 39 over a support order may act as a responding tribunal to enforceor modify40thatthe order.If a party subject to the continuing, exclusive jurisdiction41of the tribunal no longer resides in the issuing state, in subsequent proceed-42ings the tribunal may apply section 7-1028, Idaho Code, to receive evidence43from another state and section 7-1030, Idaho Code, to obtain discovery through44a tribunal of another state.45(3) A tribunal of this state which lacks continuing, exclusive jurisdic-46tion over a spousal support order may not serve as a responding tribunal to47modify 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.RECOGNITIONDETERMINATION 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 rulesin determiningand by order shall determine 38 which orderto recognize for purposes of continuing, exclusive jurisdiction39 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 childmust be recognized,controls; but 47 (ii) Iif an order has not been issued in the current home state of 48 the child, the ordermoremost recently issuedis controlling and49must be recognizedcontrols; 50 (c) If none of the tribunals would have continuing, exclusive jurisdic- 51 tion under this chapter, the tribunal of this statehaving jurisdiction9 1over the parties mustshall issue a child support order, whichis control-2ling and must be recognizedcontrols. 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 resides5in this state,upon request of a partymay requestwho is an individual or a 6 support enforcement agency, a tribunal of this statetohaving personal juris- 7 diction over both the obligor and the obligee who is an individual shall 8 determine which order controlsand must be recognizedunder subsection (2) of 9 this section.The request must be accompanied by a certified copy of every10support order in effect. Every party whose rights may be affected by a deter-11mination of the controlling order must be given notice of the request for that12determination.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 orderthat must be recog-20nized as controllingunder subsection (1), (2) or (3) of this sectionis the21tribunal thathas continuing, exclusivejurisdictionin accordance withto the 22 extent provided in section 7-1008 or 7-1009, Idaho Code. 23 (56) A tribunal of this statewhichthat determines by orderthe identity24ofwhich is the controlling child support order under subsections(2)(a),or25 (2)(b), or (3) of this section orwhichthat issues a new controlling child 26 support order under subsection (2)(c) of this section shallincludestate 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 ofthean order determining 34the identity ofwhich is the controlling order, the party obtaining that order 35 shall file a certified copy of itwithin each tribunal thathadissued or 36 registered an earlier order of child support.Failure of theA party or sup- 37 port enforcement agency obtaining the order that fails to file a certified 38 copyas requiredis subjects that partyto appropriate sanctions by a tribunal 39 in which the issue of failure to file arises., but thatThe failurehas no40effect onto 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.MULTIPLECHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In 48 responding tomultipleregistrations 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 themultipleorders 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 collectedand creditedfor 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 for8the 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-16ant to section 7-1032, Idaho Code;17(b) Enforcement of a support order and income-withholding order of18another state without registration pursuant to sections 7-1033 through197-1039, Idaho Code;20(c) Registration of an order for spousal support or child support of21another state for enforcement pursuant to sections 7-1040 through 7-1053,22Idaho Code;23(d) Modification of an order for child support or spousal support issued24by a tribunal of this state pursuant to sections 7-1006 through 7-1009,25Idaho Code;26(e) Registration of an order for child support of another state for modi-27fication pursuant to sections 7-1040 through 7-1053, Idaho Code;28(f) Determination of parentage pursuant to section 7-1054, Idaho Code;29and30(g) Assertion of jurisdiction over nonresidents pursuant to sections317-1004 and 7-1005, Idaho Code.32(3)An individual petitioner or a support enforcement agency maycommence33 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.ACTIONPROCEEDING 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 rule47on 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 wardthree (3) copies ofthe 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) Ifa responding state has not enacted this chapter or a law or proce-15dure substantially similar to this chapterrequested by the responding tribu- 16 nal, a tribunal of this statemayshall issue a certificate or other 17 documentsand make findings required by the law of the responding state. If 18 the responding state is a foreignjurisdictioncountry or political subdivi- 19 sion, upon request the tribunalmayshall 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 extentotherwise autho-32rizednot 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, orrender a judgment to35 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,itthe 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 underthe provisions ofthis chapter. 29 (2) A support enforcement agency of this state that is providing services 30 to the petitioneras appropriateshall: 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 OFATTORNEY GENERALSTATE OFFICIAL OR AGENCY. (1) If the 20attorney generalappropriate state official or agency determines that the sup- 21 port enforcement agency is neglecting or refusing to provide services to an 22 individual, theattorney generalstate 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 37othersupport 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 theplacecounty in this state 42 in which theindividualobligee 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, aApetitioner seeking to establishor modifya support order,or8 to determine parentage,in a proceeding under this chapteror to register and 9 modify a support order of another state mustverify thefile 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 forwhomwhose 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 acertifiedcopy of 17 any support orderin effectknown 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 a27finding, 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 beunreasonably put at riskjeopardized bythedisclosure of specific 30 identifying information,or if an existing order so provides, a tribunal shall31order that the address of the child or party or other identifying information32not be disclosed in a pleading or other document filed in a proceeding under33this chapterthat 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 ofthe petitionera nonresident party who is an individual in arespond-5ingtribunal 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,andor 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 underoathpenalty 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 originalwritingrecord 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 statemay27 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 inwritinga 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-34ageA presumed father of the child; 35 (b)The respondent has been determined by or pursuant to law to be the36parentPetitioning to have his paternity adjudicated;or37 (c)There is other clear and convincing evidence that the respondent is38the child's parentIdentified 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 personor4entitydefined 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) Uponthereceipt ofthean 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 ithashad 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 withtheterms of the order, as18applicable, thatwhich specify: 19 (a) The duration and the amount of periodic payments of current child 20 support, stated as a sum certain; 21 (b) The personor agencydesignated 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 timesperiodswithin 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 WITHMULTIPLETWO OR MORE INCOME- 42 WITHHOLDING ORDERS. Ifthean obligor's employer receivesmultipletwo (2) or 43 more income-withholding orders with respect towithhold support fromthe earn- 44 ings of the same obligor, the employershall be deemed to have satisfiedsat- 45 isfies the terms of themultipleorders 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 formultipletwo (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 issuedbyin another state in accordance with this 3articlechapter 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. 14Section 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 employerwhichthat has directly received an income-withholding 18 order relating to the obligor; and 19 (c) The personor agencydesignated 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 oran39 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 followingdocumentsrecords 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, ofallthe orders3 to be registered, including any modification ofanthe order; 4 (c) A sworn statement by theparty seekingperson 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, theagency orperson 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 paymentsand39other obligations of support andunder 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 forarrearagesarrears under a registered support 45 order, the statute of limitationunder the lawsof 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)TheA 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 further18contest of that order with respect to any matter that could have been19asserted;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;or49 (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)After20 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 statehas beenwhich is registered in 23 this state, unless the provisions of section 7-1052, Idaho Code, apply, the24responding tribunal of this state may modify that order onlyif, after notice 25 and hearing,itthe tribunal finds that: 26 (a) The following requirements are met: 27 (i) Neither tThe child, nor theindividualobligee who is an indi- 28 vidual,andnor the obligordo notresides in the issuing state; 29 (ii) A petitioner who is a nonresident ofthethis 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 orThis 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 theindividualparties 36 who are individuals have fileda writtenconsents in a record in the issu- 37 ing tribunalproviding thatfor a tribunal of this statemayto modify the 38 support order and assume continuing, exclusive jurisdiction.over the39order. However, if the issuing state is a foreign jurisdiction which has40not enacted this chapter, the written consent of the individual party41residing in this state is not required for the tribunal to assume juris-42diction 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, aAtri- 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 thatis control-22 1lingcontrols and must be so recognized under the provisions of section 2 7-1010, Idaho Code, establishes thenonmodifiableaspects 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,athe tribunal of this state 11 becomes the tribunalofhaving 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 aAtribunal of this stateshall recognize a modification29of its earlier child support orderis modified by a tribunal of another state 30 which assumed jurisdiction pursuant to this chapter,or a law substantially31similar to this chapter and, upon request, except as otherwise provided in32this chapter, shalla tribunal of this state: 33 (1) May eEnforcetheits order that was modified only as toamounts34 arrears and interest accruing before the modification; 35 (2)Enforce only nonmodifiable aspects of that order;36(3)May pProvideotherappropriate reliefonlyfor violations ofthatits 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 theindividualparties 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 jurisdictionas provided inunder 49 this section shall apply the provisions of sections 7-1001 through 7-1012, 23 1 Idaho Code,andthis section, and the procedural and substantive law of this 2 state to theenforcement or modificationproceeding 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 the5procedural 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 nalwhichthat had continuing, exclusive jurisdiction over the earlier order, 12 and in each tribunal in which the party knowsthatthe earlier order has been 13 registered.Failure of theA partyobtainingwho obtains the order and fails 14 to file a certified copyas required subjects that partyis subject to appro- 15 priate sanctions by a tribunal in which the issue of failure to file arises.,16but thatThe failurehas no effect onto file does not affect the validity or 17 enforceability of the modified order of the new tribunalofhaving 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)Atribunalcourt of this 22 state authorized to determine parentage of a child may serve asan initiating23ora responding tribunal in a proceeding to determine parentage brought under 24 this chapter or a law or procedure substantially similar to this chapter., or25under a law or procedure substantially similar to the uniform reciprocal26enforcement of support act, or the revised uniform reciprocal enforcement of27support act to determine that the petitioner is a parent of a particular child28or to determine that a respondent is a parent of that child.29(2) In a proceeding to determine parentage, a responding tribunal of this30state shall apply the provisions of chapter 11, title 7, Idaho Code, and the31rules 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 demandbyof 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 uniform10reciprocal 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 chaptershall be applied and construed to effectuate its general28purpose to make uniformconsideration must be given to the need to promote 29 uniformity of the law with respect totheits subjectof this chaptermatter 30 amongthestatesenactingthat 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