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.