Legislature(2003 - 2004)
03/31/2004 08:05 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 513-CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION
MR. JOHN MAIN, staff to Representative Pete Kott, sponsor of HB
513, reminded members that at the last hearing on HB 513,
Senator French asked about the possibility of putting a time
limit on when a person's driver's license could be revoked after
that person had set up a payment agreement. He and Senator
French drafted a committee substitute that would allow the Child
Support Enforcement Division (CSED) to do that. He explained the
CS will allow CSED to revoke the release of the individual's
driver's license. However, if the person has faithfully paid
child support for two years [and defaults], CSED will have to
begin the process over again.
CHAIR SEEKINS noted with no participants, public testimony was
closed.
SENATOR OGAN asked if CSED will be able to suspend drivers'
licenses for non-payment of child support.
MR. MAIN said that is correct, and is what CSED currently does.
SENATOR OGAN questioned how a person would get to work so that
he can pay child support without a driver's license.
MR. MAIN said the people who will fall in this category have not
been paying child support. This bill will provide incentives to
get them back to the table to set up payment agreements for
child support. CSED has tried other means with these people and
has failed. This will provide one more tool to use.
SENATOR FRENCH asked how long a person has to be in arrears
before he or she could lose a license.
MR. MAIN said at least four months.
SENATOR FRENCH asked if the person would get warnings after four
months.
MR. MAIN said that is correct.
SENATOR FRENCH asked how long the warning period is.
MR. MAIN said the person would get a letter giving them 60 days
to comply, which could take the form of paying the arrears or
setting up a payment plan.
SENATOR FRENCH asked about the 150-day period after the 60-day
period.
MR. MAIN said the 150-day period would be the waiting period
before CSED could revoke the license.
SENATOR FRENCH estimated the revocation process would take about
five months.
MR. MAIN agreed.
SENATOR FRENCH asked if, during that five months, the person
started making payments, CSED would suspend the revocation
process.
MR. MAIN said that is correct.
CHAIR SEEKINS asked if a person can get his or her driver's
license back by resuming child support payments.
MR. MAIN said yes, but it would be best if the person set up a
payment agreement so that CSED knows the person is operating in
good faith.
SENATOR OGAN asked if the legislature authorized CSED to take
away business licenses for non-payment of child support.
MR. MAIN clarified that the legislature authorized CSED to take
away occupational licenses, not business licenses.
SENATOR OGAN commented that the legislature is not going to let
people in arrears own a business or drive, which will guarantee
they will never pay child support. He questioned whether people
can be imprisoned for non-payment of child support.
MR. MAIN said that criminal non-support has been in existence
for at least 20 years. He furthered that HB 513 will only close
a loophole. CSED can revoke drivers' licenses now. HB 513 will
close a loophole for those people who abuse the process when
they have no intention of complying with child support
agreements.
SENATOR THERRIAULT asked if the [driver's license revocation
provision] was added by the legislature a few years ago because
of the passage of federal legislation.
MR. MAIN said that is correct and happened in 1996.
SENATOR THERRIAULT asked Mr. Main to review the loophole in
state law.
MR. MAIN explained that in some cases, an individual will not
pay child support for an additional 120 days after being
notified with the 60-day warning letter. The individual will
then go to CSED and set up a payment schedule and then pay one
or two payments and quit. CSED must then start the entire
process over again, which takes about five months. HB 513 will
stop that individual from using the system to his or her
advantage. The CS says if the individual has continued to pay
for two years under the payment agreement and then cannot, CSED
would then have to start the process over again. He stated the
goal is not to punish the people who are making faithful
attempts to pay child support; it is to go after those people
who are working the system to their advantage.
SENATOR FRENCH said his concern in closing the loophole is that
a person could have a driver's license suspension hanging over
his head forever. The person could be 10 days away from having
his license revoked and finally begin to pay but HB 513 was
originally structured so that person could be 10 days away from
losing his license forever because CSED would never have to
start the process over again.
SENATOR THERRIAULT questioned the renaming of the division.
MR. MAIN told members that Speaker Kott attended a National
Conference of State Legislatures conference where one of the
discussions was about the need to remove the implication that
CSED's only role is enforcement. CSED also establishes
paternity, payment modifications, and services both parents and
other agencies. States are looking to foster a better image of
their agencies to one that is service oriented.
SENATOR THERRIAULT moved to adopt the proposed committee
substitute, version H, as the working document of the committee.
CHAIR SEEKINS announced that without objection, the motion
carried.
SENATOR OGAN commented that he gets tired of the federal
government mandating to states how to run their businesses and
that, although many of the mandates are well meaning, it is too
easy for legislators to "suck up" to the federal money. He
expressed concern that taking away a business license and
driver's license will ultimately hurt the children and that many
men find themselves to be the victim of good attorneys and
manipulation of the system. Those men never get custody of their
children but get the screws put on them by a state agency and
have no hope at all. He also acknowledged that some parents
raise children without any help from the other parent.
CHAIR SEEKINS agreed there are "scumbags" on both sides of the
issue and said it is hard to watch someone who is under a court
order to provide child support refuse to do it. He said if there
was a way to make sure that everything was always applied with
the right level of justice, he'd be willing to vote for that in
half a second but he does not know how to do that. He hopes the
people who enforce the laws that are passed use those laws to
bring the egregious offenders to justice.
SENATOR THERRIAULT moved SCS CSHB 513(JUD) from committee with
individual recommendations and its zero fiscal note. Without
objection, the motion carried.
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