Bill Text: PA HB38 | 2009-2010 | Regular Session | Introduced

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Bill Title: In support matters generally, further providing for costs and fees and for State disbursement unit.

Spectrum: Moderate Partisan Bill (Republican 41-8)

Status: (Introduced - Dead) 2009-01-26 - Referred to JUDICIARY [HB38 Detail]

Download: Pennsylvania-2009-HB38-Introduced.html

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PRINTER'S NO. 30
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 38 Session of2009
INTRODUCED BY HARPER, MAHER, WATSON, BAKER, BARRAR, BEYER, CAUSER, CREIGHTON, J. EVANS, FAIRCHILD, HARKINS, KAUFFMAN, KILLION, KOTIK, MENSCH, MILLER, PETRI, QUIGLEY, REED, ROAE, ROCK, SAYLOR, SCAVELLO, SONNEY, SWANGER, TURZAI, VULAKOVICH, HUTCHINSON, GEIST, BELFANTI, EVERETT, METCALFE, RAPP, HICKERNELL, CUTLER, CLYMER, HORNAMAN, M. KELLER, STERN, ROSS, FLECK AND MURT, JANUARY 26, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for costs and fees and for State disbursement unit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4351(a.1) and 4374(c)(3) and (d) of
Title 23 of the Pennsylvania Consolidated Statutes, amended or
added May 13, 2008 (P.L.144, No.16), are amended to read:
§ 4351. Costs and fees.
* * *
(a.1) Annual fee.--The Commonwealth shall impose a fee of
$25 in each case in which an individual has never received
assistance under Title IV-A of the Social Security Act (49 Stat.
620, 42 U.S.C. § 301 et seq.) and for whom the Commonwealth has
collected at least $500 of support in a Federal fiscal year. The
Commonwealth shall pay the annual $25 fee [for those cases in
which the annual collection is between $500 and $1,999.99. The
$25 fee shall be collected from the custodial parent in cases
where annual collections equal $2,000 or more.] in all cases in
which a fee is imposed under this subsection.
* * *
§ 4374. State disbursement unit.
* * *
(c) Allocation of collections.--Subject to subsections (d),
(e), (f) and (f.1), support collected on behalf of a family
shall be distributed as follows:
* * *
(3) In the case of a family that never received cash
assistance from the Commonwealth, all support collections
shall be paid to the family. [with the exception of the
federally mandated $25 annual fee collected from the
custodial parent as required under section 4351(a.1)
(relating to costs and fees).]
(d) Retention by Commonwealth.--
[(1)] Arrearages collected through use of the Internal
Revenue Service Tax Refund Offset Program for a family
receiving cash assistance shall be retained by the
Commonwealth to the extent past due support has been assigned
to the department as a condition of receiving assistance.
Arrearages collected through use of the Internal Revenue
Service Tax Refund Offset Program for a family that formerly
received cash assistance shall first be applied to the
monthly support obligation, and the balance shall be applied
to arrears owed the family, including assignments of
arrearages that accrued before the family received assistance
from the Commonwealth and that were executed between October
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1, 1997, and September 30, 2009. Any remaining arrearages
shall be paid to the department. The department shall pay to
the Federal Government the Federal share of the amounts so
retained. In no event shall the total of amounts paid to the
Federal Government and retained by the department exceed the
total of the amount of cash assistance paid to the family by
the Commonwealth. To the extent that the amounts collected
exceed the amount retained, the department shall pay the
excess to the family.
[(2) Notwithstanding any other provision of law, the
federally mandated $25 annual fee collected from the
custodial parent as required under section 4351(a.1) shall be
retained by the department.]
* * *
Section 2. This act shall take effect in 60 days.
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