Bill Text: CT SB01030 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Implementing Recommendations Of The Task Force To Study Methods For Improving The Collection Of Past Due Child Support.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-06-03 - House Calendar Number 689 [SB01030 Detail]
Download: Connecticut-2015-SB01030-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____SB01030APP___052215____* |
AN ACT IMPLEMENTING 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 Section 46b-225 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
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. 2. Subsection (e) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) 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.
Sec. 3. Subsection (a) of section 3-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(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 electronic income withholding order process implemented by the federal Office of Child Support Enforcement. The Comptroller is authorized to establish an accounting procedure to implement this section.
Sec. 4. Subsection (h) of section 31-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(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 electronic income withholding order process implemented by the federal Office of Child Support Enforcement.
(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. 5. (NEW) (Effective October 1, 2015) Notwithstanding the provisions of chapter 319s, 815y, 816 or 906 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. 6. (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, 2017, 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, 2017, whichever is later.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2015 |
46b-225 |
Sec. 2 |
from passage |
6-38b(e) |
Sec. 3 |
July 1, 2015 |
3-119(a) |
Sec. 4 |
July 1, 2015 |
31-227(h) |
Sec. 5 |
October 1, 2015 |
New section |
Sec. 6 |
from passage |
New section |
APP |
Joint Favorable Subst. |