2007 Legislation
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SENATE BILL NO. 1185 – Interstate family support, petition


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Bill Status

S1185................................................by JUDICIARY AND RULES
INTERSTATE FAMILY SUPPORT ACT - Amends existing law relating to the
Interstate Family Support Act to revise the information required to be
provided with certain petitions; and to revise the information sent to the
district court to register certain orders of another state.

03/01    Senate intro - 1st rdg - to printing
03/02    Rpt prt - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Hill
    Title apvd - to House
03/09    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews,
      McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30),
      Smith(24), Snodgrass, Stevenson, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Thayn
    Floor Sponsor - Wills
    Title apvd - to Senate
03/23    To enrol
03/26    Rpt enrol - Pres signed - Sp signed - To Governor
03/30    Governor signed
         Session Law Chapter 320
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1185
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  6        ANOTHER STATE.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section  7-1026, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        7-1026.  PLEADINGS AND ACCOMPANYING DOCUMENTS. (1) In a  proceeding  under
 11    this  chapter, a petitioner seeking to establish a support order, to determine
 12    parentage, or to register and modify a support order  of  another  state  must
 13    file  a  petition.  Unless otherwise ordered under section 7-1027, Idaho Code,
 14    the petition or accompanying documents must provide,  so  far  as  known,  the
 15    name,  and  residential  address and social security number of the obligor and
 16    the obligee or the parent and alleged parent, and the name,  sex,  residential
 17    address, social security number and date of birth of each child for whose ben-
 18    efit support is sought or whose parentage is to be determined. Unless filed at
 19    the  time  of  registration, the petition must be accompanied by a copy of any
 20    support order known to have been issued by another tribunal. The petition  may
 21    include  any  other information that may assist in locating or identifying the
 22    respondent.
 23        (2)  The petition must specify the relief sought. The petition and  accom-
 24    panying  documents must conform substantially with the requirements imposed by
 25    the forms mandated by federal law for use in cases filed by a support enforce-
 26    ment agency.
 27        SECTION 2.  That Section 7-1044, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
 29        7-1044.  PROCEDURE  TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order
 30    or income-withholding order of another state may be registered in  this  state
 31    by sending the following records and information to the district court in this
 32    state:
 33        (a)  A  letter  of transmittal to the tribunal requesting registration and
 34        enforcement;
 35        (b)  Two (2) copies, including one (1) certified copy, of the order to  be
 36        registered, including any modification of the order;
 37        (c)  A  sworn  statement by the person requesting registration or a certi-
 38        fied statement by the custodian of the records showing the amount  of  any
 39        arrearage;
 40        (d)  The name of the obligor and, if known:
 41             (i)   The obligor's address and social security number;
  1             (ii)  The  name  and  address of the obligor's employer and any other
  2             source of income of the obligor; and
  3             (iii) A description and the location of property of  the  obligor  in
  4             this state not exempt from execution; and
  5        (e)  Except  as otherwise provided in section 7-1027, Idaho Code, the name
  6        and address of the obligee and, if applicable, the person to whom  support
  7        payments are to be remitted.
  8        (2)  On  receipt  of  a request for registration, the registering tribunal
  9    shall cause the order to be filed as a foreign judgment, together with one (1)
 10    copy of the documents and information, regardless of their form.
 11        (3)  A petition or comparable pleading  seeking  a  remedy  that  must  be
 12    affirmatively  sought  under  other law of this state may be filed at the same
 13    time as the request for registration or later. The pleading must  specify  the
 14    grounds for the remedy sought.
 15        (4)  If two (2) or more orders are in effect, the person requesting regis-
 16    tration shall:
 17        (a)  Furnish  to the tribunal a copy of every support order asserted to be
 18        in effect in addition to the documents specified in this section;
 19        (b)  Specify the order alleged to be the controlling order, if any; and
 20        (c)  Specify the amount of consolidated arrears, if any.
 21        (5)  A request for determination of which is the controlling order may  be
 22    filed  separately  or  with  a request for registration and enforcement or for
 23    registration and modification. The person requesting registration  shall  give
 24    notice of the request to each party whose rights may be affected by the deter-
 25    mination.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17133

This legislation will add language to Section 7-1026 and 7-1044
of the Idaho Code (UIFSA 2001) requiring social security numbers
be identified on the initiating documents used to establish or
register court orders for child and/or medical support.

In order to enact the UIFSA 2001 legislation we must have a
federal waiver from the Federal Office of Child Support
Enforcement.  Without this amendment to the language in the
legislation the request for waiver has been denied.  By adding
the language we will continue to comply with the federal
requirement and can be granted the waiver which will put us in
compliance with the Social Security Act and the Idaho State Child
Support Plan.

                           FISCAL NOTE

By adding the language to the legislation there is no fiscal
impact.  Without the addition of the language to the legislation
we risk federal penalties and jeopardize the TANF grant.

Name: Bill Walker, Department of Health & Welfare 
Phone: 334-5506

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1185