Bill Text: CT SB00458 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Implementing The Recommendations Of The Task Force To Study Methods For Improving The Collection Of Past Due Child Support.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-24 - Referred by Senate to Committee on Appropriations [SB00458 Detail]
Download: Connecticut-2014-SB00458-Comm_Sub.html
General Assembly |
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February Session, 2014 |
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AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE TO STUDY METHODS FOR IMPROVING THE COLLECTION OF PAST DUE CHILD SUPPORT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 29-1g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of Emergency Services and Public Protection may appoint not more than [six] eight persons nominated by the Commissioner of Social Services as special policemen in the Bureau of Child Support Enforcement of the Department of Social Services for the service of any warrant or capias mittimus issued by the courts on child support matters. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Emergency Services and Public Protection and, during such tenure, shall have all the powers conferred on state policemen and state marshals. Such appointees shall have access to, and use of, the Connecticut on-line law enforcement communications teleprocessing system without charge.
Sec. 2. Section 46b-225 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any judicial marshal may serve a capias mittimus or a copy thereof made by any photographic, micrographic, electronic imaging or other process, which clearly and accurately copies such original document, on any person who is in the custody of the marshal or is in a courthouse where the marshal provides courthouse security if such capias mittimus was issued in a child support matter by (1) a court or a family support magistrate pursuant to subdivision (8) of subsection (a) of section 17b-745 or subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215; or (2) a family support magistrate pursuant to subdivision (1) of subsection (m) of section 46b-231.
Sec. 3. Section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex-officio, nonvoting members of the commission.
(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.
(c) No more than four of the members, other than the chairperson, may be members of the same political party. Of the seven nonjudicial members, other than the chairperson, at least three shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.
(e) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.
(f) The commission, in consultation with the State Marshals Advisory Board, shall (1) adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process, and (2) implement policies and procedures to increase state marshal participation in the serving of capias mittimus orders. Such policies and procedures may require that at all times a certain minimal percentage of the overall number of state marshals shall be actively engaged in the service of capias mittimus orders.
(g) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (j) of this section.
(h) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.
(i) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.
(j) No state marshal may be removed except by order of the commission for cause after due notice and hearing.
(k) The commission may adopt such rules as it deems necessary for conduct of its internal affairs and shall adopt regulations in accordance with the provisions of chapter 54 for the application and investigation requirements for filling vacancies in the position of state marshal.
(l) The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority.
Sec. 4. Subsection (a) of section 3-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Comptroller shall pay all salaries and wages not less than ten calendar days or more than fifteen calendar days after the close of the payroll period in which the services were rendered, except as provided in subsections (b) and (c) of this section, but shall draw no order in payment for any service of which the payroll officer of the state has official knowledge without the signed statement of the latter that all employees listed on the payroll of each agency have been duly appointed to authorized positions and have rendered the services for which payment is to be made. The Comptroller is authorized to develop, install and operate a comprehensive fully documented electronic system for effective personnel data, for payment of compensation to all state employees and officers and for maintenance of a chronological and permanent record of compensation paid to each employee and officer for the state employees retirement system and other purposes. Such electronic system shall also facilitate the electronic processing of an income withholding order entered by a state or federal court, including any such order transmitted to the Comptroller by means of the federal electronic income withholding order process. The Comptroller is authorized to establish an accounting procedure to implement this section.
Sec. 5. Subsection (h) of section 31-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(h) (1) An individual filing an initial claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subdivision (6) of this subsection. If any such individual discloses that he or she owes child support obligations and has been determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing such obligation that the individual is eligible for unemployment compensation.
(2) The administrator shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations (A) the amount specified by the individual to the administrator to be deducted and withheld under this subsection, if neither subparagraph (B) nor (C) is applicable, or (B) the amount determined pursuant to an agreement submitted to the administrator under Section 654(20)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subparagraph (C) is applicable, or (C) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as defined in Section 662(e) of the Social Security Act, properly served upon the administrator. For purposes of this subdivision, legal process shall be deemed properly served upon the administrator if such legal process is transmitted to the administrator by means of the federal electronic income withholding order process.
(3) Any amount deducted and withheld under subdivision (2) of this subsection shall be paid by the administrator to the appropriate state or local child support enforcement agency.
(4) Any amount deducted and withheld under subdivision (2) of this subsection shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.
(5) This subsection shall be applicable only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the administrator under this subsection which are attributable to child support obligations being enforced by such state or local child support enforcement agency.
(6) For purposes of this subsection, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the administrator pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment; "child support obligations" includes only obligations which are being enforced pursuant to a plan described in Section 654 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act; and "state or local child support enforcement agency" means any agency of this state or a political subdivision thereof operating pursuant to a plan described in Section 654 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.
Sec. 6. (NEW) (Effective October 1, 2014) Notwithstanding any provision of the general statutes, absent a court order, no employee of the Department of Social Services or Support Enforcement Services may contact the employer of an individual, who has been named as the putative father of the child in connection with a IV-D support case, as defined in section 46b-231 of the general statutes, unless such individual has been adjudicated the father of the child in accordance with the laws of this state or any other state.
Sec. 7. (Effective from passage) (a) There is established a task force to study technological and other initiatives that could be implemented by the state to maximize the collection of child support due and owing to state residents. Such study shall specifically identify technological enhancements that are needed to ensure compliance with court orders relating to the payment of child support.
(b) The task force shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives;
(2) Two appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of Representatives;
(4) One appointed by the majority leader of the Senate;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the minority leader of the Senate;
(7) The Commissioner of Social Services, or the commissioner's designee; and
(8) The Chief Court Administrator, or the Chief Court Administrator's designee.
(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than ninety days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.
(g) Not later than January 1, 2016, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2016, whichever is later.
Sec. 8. (Effective July 1, 2014) The sum of seven million four hundred thousand dollars is appropriated to the Department of Social Services, from the General Fund, for the fiscal year ending June 30, 2015, for the purchase of technological systems that will improve the collection of child support by the Bureau of Child Support Enforcement.
Sec. 9. (Effective July 1, 2014) The sum of one million dollars is appropriated to the Judicial Branch, from the General Fund, for the fiscal year ending June 30, 2015, for increased staffing of Support Enforcement Services.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2014 |
29-1g |
Sec. 2 |
July 1, 2014 |
46b-225 |
Sec. 3 |
from passage |
6-38b |
Sec. 4 |
July 1, 2014 |
3-119(a) |
Sec. 5 |
July 1, 2014 |
31-227(h) |
Sec. 6 |
October 1, 2014 |
New section |
Sec. 7 |
from passage |
New section |
Sec. 8 |
July 1, 2014 |
New section |
Sec. 9 |
July 1, 2014 |
New section |
JUD |
Joint Favorable Subst. |
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HS |
Joint Favorable |