HB 161/FN (BR 526) - T. Burch, M. Bowling, E. Jordan, M. Marzian, S. Nunn, R. Palumbo, S. Riggs, A. Simpson, K. Stein
AN ACT relating to child support.
Amend KRS 186.570 to require the Transportation Cabinet to deny a motor vehicle license after failure to comply with a subpoena or warrant relating to paternity or child support proceedings; amend KRS 205.175 to direct the information received or transmitted by the Cabinet for Human Resources not be published, including instances in which the agency determines reasonable cause to believe evidence of domestic violence or child abuse and that disclosure could be harmful to the custodial parent or the child; amend KRS 205.595 to provide for employer acceptance of a notice of transfer of health insurance enrollment; amend various provisions of KRS Chapter 205 to redefine the term "duty of support" to include the duty to pay spousal support that applies to spouses with a child even if the child support is not part of the order; redefine "income" to additionally include bonuses, worker's compensation, retirement and pensions, and interest and disability; delete references to "aid to families with dependent children" and replace them with "public assistance" under Title IV-A of the Social Security Act; expand the duties of the Division of Child Support Enforcement; provide for enforcement of a cumulative child support lien or levy; provide penalty for failure of a bank, savings and loan association, credit union, investment company, savings institution or other specified financial institution to comply with a subpoena; amend various provisions of KRS Chapter 213 to provide for voluntary acknowledgment of paternity services; direct hospitals to provide oral, audio, or video materials about paternity when a birth occurs in a hospital to a woman who is unmarried; allow for changing of Vital Statistics records involving paternity when acknowledgment of paternity is rescinded; amend KRS 237.110 to direct the Department of State Police to deny, suspend, or revoke a license to carry a concealed deadly weapon upon written notice from the Cabinet for Human Resources that the person has a child support arrearage that equals or exceeds the cumulative amount that would be owed after one year of nonpayment, or for failure, after receiving appropriate notice to comply with a subpoena or warrant relating to paternity or child support proceedings. amend KRS 403.150 to require marriage dissolution petitions to include social security numbers of each party, including living infant children of the marriage; amend KRS 403.160 to require in proceedings for dissolution of marriage or legal separation, or for maintenance or support, the court to determine whether disclosure to any other person of information of domestic violence or child abuse would be harmful to the parent or child; provide for Cabinet for Human Resources protection of information of evidence of domestic violence or child abuse in actions to establish or enforce child support; amend KRS 403.212, relating to the definition of terms for the child support table, to redefine the term "gross income" to include retirement and pension funds; amend various provisions of KRS Chapter 405 to require the cabinet to pay, when administratively ordered, the cost of genetic testing to establish paternity, when a parent presents himself for the voluntary establishment of paternity; allow the cabinet to review and adjust a parent's child support obligation upon a request of the cabinet under specified circumstances; require obligated parents of a child receiving public assistance to participate in work activities; set forth conditions under which transfer of property or income to avoid payment to a child support creditor indicates fraud; provide for employer forwarding of a portion of current and due salary of wages of a parent to the cabinet; amend various provisions of KRS Chapter 406 to provide that either party in an action to establish paternity not be entitled to a jury trial; require an unchallenged acknowledgment of paternity to be ratified without the requirement for judicial or administrative proceedings; provide for payment of the cost of administratively ordered genetic testing to establish paternity; amend KRS 427.120 to allow seizure of a police or firefighters' pension fund for payment of court or administratively ordered current child support, or child support owed, or to be owed; amend KRS 427.125 to allow for seizure of a pension fund created under KRS 95.761 to 95.785 for purposes of court or administratively ordered child support, or owed or to be owed child support; amend KRS 67A.620 to allow for seizure of a retirement annuity for purpose of court or administratively ordered child support; amend KRS 161.700 to allow the garnishment or attachment of teacher retirement allowance for purposes of court or administratively ordered child support; create various new sections of KRS Chapter 205 to allow the Cabinet for Human Resources to have authority to issue an administrative subpoena commanding information and records relating to the establishment, enforcement, and collection of child support; require all public and private entities including financial institutions to comply with a subpoena within a reasonable time period; allow financial institutions to deduct $20 from the account on which the subpoenaed information has been issued; direct the cabinet to request information from a certified consumer reporting agency only when a full credit report is needed for the purpose of establishing an individual's capacity to make child support payments, or to determine the obligation amount, and paternity has been established or acknowledged; provide for advance notice to the obligor of the requested report; provide for confidentiality if the report and limits on the use for the report; require financial institutions to enter into cooperative agreement with the cabinet to operate a data match system providing identifying information each calendar quarter for each obligated parent maintaining an account at the institution and who owes an arrearage and is so identified by the cabinet; set forth the conditions included in the cooperative agreement; create a new section of KRS Chapter 335B to require licensure or certification denial or suspension if the person has a child support arrearage equal to or exceeding the amount which would be owed after one year of nonpayment or fails to comply with subpoenas or warrants relating to paternity or child support proceedings; create a new section of KRS Chapter 403 to require District or Circuit Court notice of arrearage or failure to comply with subpoenas or warrants to any professional, occupational, sporting license, or recreational licensing board or agency that has issued or is considering issuing a license or certification to the party with a child support arrearage equal to or exceeding one year of nonpayment; create a new section of KRS 405.405 to 405.520 to require an employer or labor organization to provide information to the Cabinet for Human Resources when that employer or labor organization hires or rehires an employee who has been laid off, furloughed, separated, granted a leave without pay, or terminated, unless the reporting could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission; require the reporting within specified time intervals and under certain procedures; provide reporting exemptions; create a new section of KRS Chapter 205 to require the Revenue Cabinet and Cabinet for Human Resources to design, develop, implement, and operate a wage reporting and financial institution match system for the purpose of identifying the financial assets of individuals as identified by cabinet agencies, for the purpose of administering the tax laws, and the child support enforcement programs; provide for entrance into agreements to develop and operate a match system to facilitate identification of financial assets of individuals; direct the Revenue Cabinet to request from financial institutions specified data about each person listed; provide for child support liens; amend KRS 405.991 to conform; EMERGENCY.
HB 161 - AMENDMENTS
HCS/FN - Retain original provisions, except clarify enforcement of liens for foreclosure on homesteads for minor child of the obligor and minor child of the custodial parent; make provision for an obligor to contest the accuracy of the information obtained from the Cabinet for Human Resources from a certified consumer reporting agency, for the purpose of establishing an individual's capacity to make child support payments; direct that financial institutions have no obligation to match an account based only on a name or other identifying information
HCA (1, B. Heleringer) - Allow the basis for child support dispute hearings to also include reasonableness of a payment schedule; require child support liens of the Cabinet for Human Resources to be on a parity with state, county, and municipal ad valorem tax liens; require motions for temporary support orders, pending an administrative or judicial determination of parentage, to be served upon the adverse party at the last known address; delete reference to conformance with federal law related to the prohibition of entitled to a jury in a paternity action.
HFA (1, T. Burch) - Delete the minimum requirement for the cabinet to report child support arrearages to consumer reporting agencies.
HFA (2, J. Barrows) - Provide for license reinstatement upon proof of elimination of child support arrearage from a court where the action is pending; provide that income from worker's compensation be from awards attributable to lost wages; provide that the clerk be entitled to fees pursuant to KRS Chapter 64; provide genetic testing exception for good cause, taking into account the best interests of the child; delete the provisions for the Revenue Cabinet to design, develop, implement, and operate a financial match system to identify financial assets.
HCA (2, T. Burch) - Make technical corrections.
HCA (3, M. Marzian) - Delete requirement that courts order denial, suspension, or revocation of a professional, occupational, sporting, or recreational license or certification when an individual has a child support arrearage equal to or exceeding the amount that would be owed after one year of nonpayment.
HCA (4, J. Barrows) - Provide that the proof of the elimination of child support arrearage or proof of the compliance with the subpoena or warrant relating to paternity or child support proceedings can come from the court where the action is pending; provide that "income" can include awards attributable to lost wages; make technical corrections.
HCA (5/Title, M. Marzian) - Make title amendment.
SCS/FN - Retain the original provisions but delete the requirement that courts order denial, suspension, or revocation of a professional, occupational, sporting, or recreational license or certification when an individual has a child support arrearage equal to or exceeding the amount that would be owed after one year of nonpayment.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House
Jan 7-to Health and Welfare (H)
Jan 12-posted in committee
Jan 27-reported favorably, 1st reading, to Calendar with Committee Substitute and Committee Amendments (1) and (2)
Jan 28-2nd reading, to Rules
Jan 29-recommitted to Appropriations and Revenue (H)
Feb 12-posted in committee
Feb 25-reported favorably, to Rules with Committee Amendments (3) (4) and (5-title)
Mar 2-posted for passage in the Regular Orders of the Day for March 3, 1998
Mar 3-floor amendments (1) and (2) filed to Committee Substitute
Mar 9-3rd reading, passed 80-15 with Committee Substitute, floor amendments (1) and (2), and committee amendment (5-title)
Mar 10-received in Senate
Mar 11-to Appropriations and Revenue (S)
Mar 17-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 18-2nd reading, to Rules
Mar 19-posted for passage in the Consent Orders of the Day for March 23, 1998
Mar 23-3rd reading, passed 35-3 with Committee Substitute
Mar 24-received in House; posted for passage for concurrence in Senate amendment
Mar 31-House concurred in Senate Committee Substitute; passed 82-14
Apr 1-enrolled, signed by each presiding officer, delivered to Governor
Apr 2-signed by Governor