REPORT TITLE:
Child Support Enforcement


DESCRIPTION:
Amends the laws relating to child support enforcement and
administrative process for child support enforcement to allow for
the privatization of child support enforcement functions, improve
the state case registry and the state directory of new hires, and
add new definitions of "income", "employer", and "employee".

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CHILD SUPPORT ENFORCEMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to:
 
 2      (1)  Provide for the privatization of child support
 
 3           enforcement field work administrative functions and
 
 4           central office payment processing functions;
 
 5      (2)  Amend the records contained in the state case registry,
 
 6           and allow for the dissemination of registry information
 
 7           for information comparisons with other state and
 
 8           federal agencies;
 
 9      (3)  Amend the law relating to the state directory of new
 
10           hires to exempt employers from reporting employees
 
11           performing intelligence functions and to allow the
 
12           child support enforcement agency to adopt rules to
 
13           administer the state directory, including exemptions
 
14           and waivers needed to reduce unnecessary or burdensome
 
15           reporting;
 
16      (4)  Provide that service of notice of administrative
 
17           proceedings for child support enforcement on a debtor
 
18           may be by the signing of a formal waiver;
 
19      (5)  Provide that service of notice for review of an
 

 
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 1           administrative order for child support enforcement may
 
 2           be by the nonrequesting party executing a waiver.
 
 3      (6)  Add new definitions of "income", "employer", and
 
 4           "employee" to the laws relating to child support
 
 5           enforcement (chapter 576D, Hawaii Revised Statutes),
 
 6           and administrative process for child support
 
 7           enforcement (chapter 576E, Hawaii Revised Statutes),
 
 8           and replace the term "earnings" with "income" in those
 
 9           laws, as appropriate; and
 
10      (7)  Allow employers to remit payments within four days of
 
11           the pay date of the obligor if electronic funds
 
12           transfer is used.
 
13      SECTION 2.  Chapter 576D, Hawaii Revised Statutes, is
 
14 amended by adding two new sections to be appropriately designated
 
15 and to read as follows:
 
16      "§576D-   State case registry; records.  Records contained
 
17 in the state case registry established under section 576D-6(12)
 
18 shall be promptly updated, maintained, and regularly monitored,
 
19 and shall include:
 
20      (1)  Information on administrative actions and
 
21           administrative and judicial proceedings and orders
 
22           relating to paternity establishment and support;
 
23      (2)  Information obtained from comparison with federal,
 

 
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 1           state, or local sources of information;
 
 2      (3)  Information on support collections and distributions;
 
 3           and
 
 4      (4)  Any other relevant information.
 
 5      (b)  The supreme court of Hawaii shall report information
 
 6 concerning judicial proceedings and orders relating to paternity
 
 7 and support to the department.  The department shall be permitted
 
 8 to disseminate registry information for information comparisons
 
 9 with other state and federal agencies, and as may be required
 
10 pursuant to the Personal Responsibility and Work Opportunity
 
11 Reconciliation Act of 1996 (Public Law 104-193) and any
 
12 regulations adopted pursuant thereto.  The information comparison
 
13 activities shall include the following:
 
14      (1)  Federal case registry of child support orders;
 
15      (2)  Federal parent locator service;
 
16      (3)  Temporary assistance to needy families and Medicaid;
 
17           and
 
18      (4)  Intrastate and interstate information comparisons.
 
19      §576D-   Child support enforcement; private contracts.
 
20 (a)  Child support enforcement field work administrative
 
21 functions and central office payment processing functions in the
 
22 State may be performed by private entities.  The department of
 
23 the attorney general shall supervise the administration of the
 

 
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 1 child support enforcement program, let and monitor all contracts
 
 2 with private entities, and ensure compliance with applicable
 
 3 state and federal laws and regulations.  The department may also
 
 4 enter into contracts with private collection agencies and other
 
 5 entities to effect the collection of child support arrearages.
 
 6 Contracts entered into pursuant to this section shall be in
 
 7 accordance with chapter 103D.  Any contract to perform child
 
 8 support enforcement field work administrative functions and
 
 9 central office payment processing functions entered into by the
 
10 department shall contain a provision that the entity to whom the
 
11 contract is awarded shall give employment preference to qualified
 
12 persons whose employment with the child support enforcement
 
13 agency is terminated as a result of the privatization of child
 
14 support enforcement functions.
 
15      (b)  The department shall adopt rules pursuant chapter 91 as
 
16 may be necessary to specify procedures by which child support
 
17 enforcement funding mechanisms authorized by state and federal
 
18 law are allocated to fund central office and privatized child
 
19 support enforcement functions.
 
20      (c)  The attorney general shall provide and supervise legal
 
21 services to the child support enforcement agency in child support
 
22 enforcement cases to establish, obligate, enforce, and collect
 
23 child support.  In addition to other methods of providing legal
 

 
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 1 services as may be authorized by law, the attorney general may
 
 2 contract with private attorneys to provide such services as
 
 3 special counsel pursuant to 28-8.3(d), or to conduct programs to
 
 4 evaluate the costs and benefits of the privatization of these
 
 5 legal services.  The compensation for such special and private
 
 6 counsel shall be paid out of funds received by the child support
 
 7 enforcement agency as provided by state and federal law and such
 
 8 reasonable attorney's fees as may be recovered.  The attorney
 
 9 general may also use collection agencies as may be necessary and
 
10 cost-effective to pursue fully the recovery of all authorized
 
11 costs and fees in proceedings to enforce child support
 
12 obligations.
 
13      (d)  By July 1 of each year, the department of the attorney
 
14 general shall submit a written report to the governor and
 
15 legislature with a detailed summary and evaluation of the
 
16 privatization of child support enforcement programs." 
 
17      SECTION 3.  Section 576D-1, Hawaii Revised Statutes, is
 
18 amended by adding three new definitions to be appropriately
 
19 inserted and to read as follows:
 
20      ""Employee" means any individual receiving income.
 
21      "Employer" means the source of any income.
 
22      "Income" means any periodic form of payment due an
 
23 individual from any source, including income from salaries,
 

 
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 1 wages, commissions, royalties, bonuses, dividends, severance pay,
 
 2 payments pursuant to a pension or retirement program, interest,
 
 3 trust income, annuities, capital gains, social security benefits,
 
 4 workers' compensation benefits, unemployment insurance benefits,
 
 5 disability insurance benefits, veterans' benefits, spousal
 
 6 support, net rental income, gifts, prizes, or awards."
 
 7      SECTION 4.  Section 576D-6, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "(a)  The agency shall:
 
10      (1)  Establish a state parent locator service for the
 
11           purpose of locating absent and custodial parents;
 
12      (2)  Cooperate with other states in:
 
13           (A)  Establishing paternity, if necessary;
 
14           (B)  Locating an absent parent who is present in the
 
15                State and against whom any action is being taken
 
16                under a Title IV-D program in any other state; and
 
17           (C)  Securing compliance by such an absent parent with
 
18                a support order issued by a court of competent
 
19                jurisdiction in another state;
 
20      (3)  Perform periodic checks of whether a parent is
 
21           collecting unemployment compensation and, if so, to
 
22           arrange, either through agreement with the parent or by
 
23           bringing legal process, to have a portion of the
 

 
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 1           compensation withheld, to fulfill the parent's child
 
 2           support obligations;
 
 3      (4)  Notify annually each custodial parent, guardian,
 
 4           protective payee, or other person having custody of the
 
 5           child of an Aid to Families with Dependent Children
 
 6           family of the amount of child support collected on
 
 7           behalf of the child in the family.  For the purpose of
 
 8           this section, "Aid to Families with Dependent Children
 
 9           family" means a family which receives financial
 
10           assistance under the federal Aid to Families with
 
11           Dependent Children program or its successor;
 
12      (5)  Establish and utilize procedures which shall require a
 
13           debtor parent to give security, post bond, or give some
 
14           other guarantee to secure payment of delinquent child
 
15           support.  The procedures shall apply to all debtor
 
16           parents of children described under section 576D-3.
 
17           The procedures shall include advance notice to the
 
18           debtor parent in full compliance with the State's
 
19           procedural due process requirements.  The agency shall
 
20           develop guidelines, which are available to the public,
 
21           to determine whether the case is inappropriate for
 
22           application of this requirement;
 
23      (6)  Establish and utilize procedures by which information
 

 
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 1           regarding the name of the debtor parent and the amount
 
 2           of delinquent child support owed by a debtor parent
 
 3           residing in the State will be made available to any
 
 4           consumer reporting agency as defined in section 603(f)
 
 5           of the Fair Credit Reporting Act.  The procedures shall
 
 6           be effectuated upon the agency being authorized to
 
 7           provide Title IV-D services, and shall include
 
 8           provisions on advance notice to the debtor parent whose
 
 9           information is being reported of the procedures, which
 
10           shall be in full compliance with the State's procedural
 
11           due process requirements, to contest the accuracy of
 
12           the information;
 
13      (7)  Establish and utilize procedures which will enforce
 
14           liens against the real and personal property of a
 
15           debtor parent who owes overdue support and who resides
 
16           or owns property in the State.  The agency shall
 
17           further establish guidelines which are available to the
 
18           public to determine whether the case is inappropriate
 
19           for application of this paragraph;
 
20      (8)  Establish and utilize procedures for the notification
 
21           of a custodial parent that any income tax refund setoff
 
22           under section 231-53 shall be credited to child support
 
23           debts for past public assistance or foster care
 

 
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 1           maintenance before any other debt;
 
 2      (9)  Establish and utilize procedures for prompt
 
 3           reimbursements of overpayments of child support debts
 
 4           from income tax refund setoffs under section 231-53.
 
 5           The procedures shall provide for the reimbursements to
 
 6           be made by the custodial parent or agency;
 
 7     (10)  Establish and utilize procedures for periodic review
 
 8           and modification of child support orders in accordance
 
 9           with Title IV-D;
 
10     (11)  Provide notice not less than once every three years to
 
11           those parents subject to an order of support informing
 
12           the parents of their right to request the agency to
 
13           review and, if appropriate, adjust the order of support
 
14           pursuant to the guidelines established under section
 
15           576D-7;
 
16     (12)  Establish and operate a state case registry, as
 
17           provided in section 576D-  , which contains records of:
 
18           (A)  Each case in which services are being provided by
 
19                the agency under the state plan; and
 
20           (B)  Each support order established or modified in the
 
21                State on or after October 1, 1998[.
 
22           Such records shall use standardized data elements for
 
23           both parents, including but not limited to names,
 

 
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 1           residential and mailing addresses, telephone numbers,
 
 2           driver's license numbers, names, addresses, and
 
 3           telephone number of the party's employer, social
 
 4           security numbers and other uniform identification
 
 5           numbers, dates of birth, and case identification
 
 6           numbers, and contain such other information as required
 
 7           by the United States Secretary of the Department of
 
 8           Health and Human Services.  In each case with respect
 
 9           to subparagraph (A) and where a support order has been
 
10           established, the case record shall include the amount
 
11           of monthly or other periodic support owed under the
 
12           order, and other amounts, including but not limited to
 
13           arrearages, due under the order, the amounts collected
 
14           under the order, the birthdate of any child for whom
 
15           the order requires the provision of support, and the
 
16           amount of any lien imposed];
 
17     (13)  Perform other duties required under chapter 576B, the
 
18           Uniform Interstate Family Support Act; and
 
19     (14)  Perform other duties required under Title IV-D."
 
20      SECTION 5.  Section 576D-7, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  The family court, in consultation with the agency,
 
23 shall establish guidelines to establish the amount of child
 

 
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 1 support when an order for support is sought or being modified
 
 2 under this chapter.  The guidelines shall be based on specific
 
 3 descriptive and numeric criteria and result in a computation of
 
 4 the support obligation.
 
 5      The guidelines may include consideration of the following:
 
 6      (1)  All [earnings,] income[, and resources] of both
 
 7           parents; provided that [earnings] income be the net
 
 8           amount, after deductions for taxes, and social
 
 9           security.  Overtime and cost of living allowance may be
 
10           deducted where appropriate;
 
11      (2)  The earning potential, reasonable necessities, and
 
12           borrowing capacity of both parents;
 
13      (3)  The needs of the child for whom support is sought;
 
14      (4)  The amount of public assistance which would be paid for
 
15           the child under the full standard of need as
 
16           established by the department;
 
17      (5)  The existence of other dependents of the obligor
 
18           parent;
 
19      (6)  To foster incentives for both parents to work;
 
20      (7)  To balance the standard of living of both parents and
 
21           child and avoid placing any below the poverty level
 
22           whenever possible;
 
23      (8)  To avoid extreme and inequitable changes in either
 

 
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 1           parent's income depending on custody; and
 
 2      (9)  If any obligee parent (with a school age child or
 
 3           children in school), who is mentally and physically
 
 4           able to work, remains at home and does not work, thirty
 
 5           (or less) hours of weekly [earnings] income at the
 
 6           minimum wage may be imputed to that parent's income."
 
 7      SECTION 6.  Section 576D-16, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§576D-16[]]  Duty of employers to report new hires to
 
10 the agency; civil penalties for failure to comply with reporting;
 
11 national new hire directory.(a)  Beginning October 1, 1998,
 
12 each employer in the State shall report to the agency within
 
13 twenty days of hire the name, address, and social security number
 
14 of each new employee along with the name, federal identification
 
15 number, and address of the employer.  Each report shall be made
 
16 on a W-4 form or its equivalent, and may be transmitted by first
 
17 class mail, magnetically, or electronically.  If an employer is
 
18 transmitting reports to the agency magnetically or
 
19 electronically, the report shall be transmitted twice monthly not
 
20 less than twelve days nor more than sixteen days apart.  The
 
21 agency shall maintain these reports as the state directory of new
 
22 hires.
 
23      (b)  Employers failing to report the information required in
 

 
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 1 subsection (a) shall be subject to a civil penalty of $25 or, if
 
 2 the failure is the result of a conspiracy between the employer
 
 3 and the employee not to supply the required report or to supply a
 
 4 false or incomplete report, a $500 fine.
 
 5      (c)  Within three working days after the date information is
 
 6 reported to the agency's state directory of new hires, the agency
 
 7 shall furnish the information to the national directory of new
 
 8 hires.  The agency shall furnish extracts of the reports required
 
 9 to the national directory of new hires on a quarterly basis
 
10 concerning the wages and compensation paid to individuals, by
 
11 such dates, in such format, and containing such information as
 
12 the United States Secretary of Health and Human Services shall
 
13 specify in regulations.
 
14      (d)  Employers shall not report an employee of a state
 
15 agency performing intelligence or counterintelligence functions,
 
16 if the head of the agency has determined that the reporting could
 
17 endanger the safety of the employee or compromise an ongoing
 
18 investigation or intelligence mission.
 
19      (e)  The agency shall adopt rules pursuant to chapter 91 as
 
20 may be necessary, consistent with federal law and its
 
21 implementing regulations, to administer this section, including
 
22 any exemptions and waivers that are needed to reduce unnecessary
 
23 or burdensome reporting."
 

 
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 1      SECTION 7.  Section 576E-1, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By adding a new definition to be appropriately inserted
 
 4 and to read:
 
 5      ""Income" means any periodic form of payment due an
 
 6 individual from any source, including income from salaries,
 
 7 wages, commissions, royalties, bonuses, dividends, severance pay,
 
 8 payments pursuant to a pension or retirement program, interest,
 
 9 trust income, annuities, capital gains, social security benefits,
 
10 workers' compensation benefits, unemployment insurance benefits,
 
11 disability insurance benefits, veterans' benefits, spousal
 
12 support, net rental income, gifts, prizes, or awards."
 
13      2.  By amending the definitions of "employee" and "employer"
 
14 to read as follows:
 
15      ""Employee" means any [person working for another for hire,
 
16 including but not limited to, an individual employed in domestic
 
17 service or at a family's or person's home or any individual
 
18 employed by the individual's parent or spouse, or independent
 
19 contractors.] individual receiving income.
 
20      "Employer" means [any person who uses or engages the
 
21 services of any person in exchange for the payment of wages or
 
22 other means of exchange, including the United States government,
 
23 the State, and any political subdivision thereof, and anyone who
 

 
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 1 is or shall become obligated for payment of income.] the source
 
 2 of any income."
 
 3      SECTION 8.  Section 576E-4, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  Service of the notice provided in section 576E-5 shall
 
 6 be by personal service or certified mail, return receipt
 
 7 requested[.], or a debtor may accept service by signing a formal
 
 8 waiver.  After initial service is effected, additional service
 
 9 upon a party shall be satisfied by regular mail to the party's
 
10 last known address."
 
11      SECTION 9.  Section 576E-14, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  Service of a request for modification, suspension, or
 
14 termination of a Hawaii court or administrative order for each
 
15 review shall be by certified mail, with proof of actual receipt
 
16 by the addressee, or by the nonrequesting party executing a
 
17 waiver.  Only payments accruing subsequent to service of the
 
18 request on all parties may be modified, and only upon a showing
 
19 of a substantial and material change of circumstances.  The
 
20 agency shall not be stayed from enforcement of the existing order
 
21 pending the outcome of the hearing on the request to modify."
 
22      SECTION 10.  Section 576E-16, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "§576E-16  Income withholding.(a)  Whenever an
 
 2 administrative order is entered establishing, modifying, or
 
 3 enforcing support, establishing an arrearage that has accrued
 
 4 under a previous judicial or administrative order for support, or
 
 5 establishing a public assistance debt, there shall concurrently
 
 6 be issued an order which shall operate as an assignment to the
 
 7 agency for the benefit of the child or in the case of spousal
 
 8 support, for the benefit of a spouse or former spouse, of such
 
 9 amounts at such times as may be specified in the order, from the
 
10 responsible parent's income due or to become due in the future
 
11 from the responsible parent's employer, or successor employers,
 
12 until further court or administrative order; except when
 
13 alternative arrangements are ordered pursuant to section 576D-10.
 
14 A copy of the income withholding order shall be filed in the
 
15 office of the clerk of the circuit court in the circuit where the
 
16 order was issued along with the copy of the support order as
 
17 provided in section 576E-12.
 
18      (b)  The income withholding order issued pursuant to
 
19 subsection (a) or section 576D-14 shall be effective immediately
 
20 after service upon an employer of a copy of the order, which
 
21 service may be effected by certified or registered mail, by
 
22 personal delivery, or by transmission through electronic means.
 
23 Thereafter, the employer shall for each pay period, withhold from
 

 
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 1 the income due to the responsible parent from the employer, and
 
 2 not required to be withheld by any other provision of federal or
 
 3 state law, and transmit to the designated obligee, or upon
 
 4 request, to the child support enforcement agency of this State,
 
 5 as much as may remain payable to the responsible parent for such
 
 6 pay period up to the amount specified in the order as being
 
 7 payable during the same period.  The employer shall immediately
 
 8 inform the agency of any change that would affect the income
 
 9 withholding order or the disbursement thereof.
 
10      (c)  Compliance by an employer with the income withholding
 
11 order issued pursuant to subsection (a) or section 576D-14 shall
 
12 operate as a discharge of the employer's liability to the
 
13 responsible parent for that portion of the responsible parent's
 
14 [earnings] income withheld and transmitted to the agency, whether
 
15 or not the employer has withheld the correct amount.  For each
 
16 payment made pursuant to an income withholding order, the
 
17 employer may deduct and retain as an administrative fee an
 
18 additional amount of $2 from the income owed to the responsible
 
19 parent.  The total amount withheld from the obligor's income,
 
20 including the administrative fee, may not be in excess of the
 
21 maximum amounts permitted under section 303(b) of the Consumer
 
22 Credit Protection Act (15 U.S.C. §1673(b)).  Any income
 
23 withholding order shall have priority as against any garnishment,
 

 
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 1 attachment, execution, or other income withholding order, or any
 
 2 other order, and shall not be subject to the exemptions or
 
 3 restrictions contained in part III of chapter 651 and in chapters
 
 4 652 and 653.  An employer who fails to comply with an income
 
 5 withholding order under this section or section 576D-14 shall be
 
 6 liable to the obligee or the agency for the full amount of all
 
 7 sums ordered to be withheld and transmitted.  An employer
 
 8 receiving an income withholding order shall transmit amounts
 
 9 withheld to the agency within five working days after the
 
10 responsible parent is paid.  The employer shall begin withholding
 
11 no later than the first pay period commencing within seven
 
12 business days following the date a copy is mailed to the
 
13 employer.
 
14      As used in this subsection, the term "business day" means a
 
15 day on which the employer's office is open for regular business.
 
16 The employer shall withhold funds as directed in the order,
 
17 except that when an employer receives an income withholding order
 
18 issued by another state, the employer shall apply the income
 
19 withholding law of the state of the obligor's principal place of
 
20 employment in determining:
 
21      (1)  The employer's fee for processing an income withholding
 
22           order;
 
23      (2)  The maximum amount permitted to be withheld from the
 

 
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 1           obligor's income under section 303(b) of the Consumer
 
 2           Credit Protection Act (15 U.S.C. §1673(b));
 
 3      (3)  The time periods within which the employer must
 
 4           implement the income withholding order and forward the
 
 5           child support payment;
 
 6      (4)  The priorities for withholding and allocating income
 
 7           withheld for multiple child support obligees; and
 
 8      (5)  Any withholding terms or conditions not specified in
 
 9           the order.
 
10      An employer who complies with an income withholding order
 
11 that is regular on its face shall not be subject to civil
 
12 liability to any person or agency for conduct in compliance with
 
13 the order.
 
14      An employer who is required to withhold amounts from the
 
15 income of more than one employee may remit to the agency a sum
 
16 total of all such amounts in one check with a listing of the
 
17 amounts applicable to each employee.
 
18      Employers shall remit payments on each regular pay date of
 
19 the obligor or, if electronic funds transfer is used, within four
 
20 days of the pay date, directly to the agency.
 
21      Within two working days after receipt of the amounts
 
22 withheld by the employer, the agency shall disburse the amounts
 
23 to the obligee for the benefit of the child, except that the
 

 
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 1 agency may delay the distribution of collections toward
 
 2 arrearages until the resolution of any timely requested hearing
 
 3 with respect to such arrearages.
 
 4      (d)  An income withholding order shall remain in effect
 
 5 until terminated when appropriate by court or administrative
 
 6 order.  Payment by the responsible parent of any delinquency
 
 7 shall not in and of itself warrant termination of the income
 
 8 withholding order.  The agency shall promptly refund any amount
 
 9 withheld in error to the responsible parent.
 
10      (e)  It shall be unlawful for any employer to refuse to hire
 
11 a prospective employee, to discharge an employee, or to take any
 
12 other disciplinary action against an employee, based in whole or
 
13 in part upon an order authorized by this section.  Any employer
 
14 violating this section shall be guilty of a misdemeanor and shall
 
15 be punished under section 710-1077(1)(g).
 
16      [(f)  Notwithstanding any other provision of law, for the
 
17 purposes of this section, the term "income" shall include,
 
18 without limitation, salaries, wages, earnings, workers'
 
19 compensation, unemployment compensation, disability benefits,
 
20 commissions, independent contractor income, and any other
 
21 entitlement to money including moneys payable as a pension or as
 
22 an annuity or retirement or disability or death or other benefit,
 
23 or as a return of contributions and interest thereon from the
 

 
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 1 United States government, or from the State or political
 
 2 subdivision thereof, or from any retirement, disability, or
 
 3 annuity system established by any of them pursuant to statute.
 
 4      (g)] (f)  Any responsible parent may request withholding of
 
 5 the parent's income prior to entry of an administrative order.
 
 6 The employer shall comply with that request as if so ordered
 
 7 under this section.
 
 8      [(h)] (g)  If there is more than one obligee, the amounts
 
 9 withheld from the income of a responsible parent shall be
 
10 allocated among the obligees.  The allocation may be based on
 
11 each obligee's proportionate share of the amount of the
 
12 withholding orders that were served on the employer of the
 
13 obligor.  If concurrent assignment orders would cause the amounts
 
14 withheld from the responsible parent's income to exceed
 
15 applicable wage withholding limitations, the amount withheld
 
16 shall be allocated so that in no case shall the allocation result
 
17 in a withholding for one of the support obligations not being
 
18 implemented.  Thereafter, arrearages due under the income
 
19 withholding orders shall be satisfied in the order of service, up
 
20 to the applicable limitation.
 
21      [(i)] (h)  If a responsible parent changes employment when
 
22 an income withholding order is in effect, the agency shall notify
 
23 the responsible parent's new employer of the responsible parent's
 

 
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 1 obligation in accordance with subsections (b) to (f).  The new
 
 2 employer shall be bound by the income withholding order until
 
 3 further court or administrative order."
 
 4      SECTION 11.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 12.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________