Connecticut 2016 Regular Session

Connecticut House Bill HB05436 Compare Versions

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11 General Assembly Raised Bill No. 5436
22 February Session, 2016 LCO No. 1679
3- *_____HB05436HS_FIN031016____*
3+ *01679_______HS_*
44 Referred to Committee on HUMAN SERVICES
55 Introduced by:
66 (HS)
77
88 General Assembly
99
1010 Raised Bill No. 5436
1111
1212 February Session, 2016
1313
1414 LCO No. 1679
1515
16-*_____HB05436HS_FIN031016____*
16+*01679_______HS_*
1717
1818 Referred to Committee on HUMAN SERVICES
1919
2020 Introduced by:
2121
2222 (HS)
2323
2424 AN ACT IMPLEMENTING RECOMMENDATIONS OF THE TASK FORCE TO STUDY METHODS FOR IMPROVING THE COLLECTION OF PAST DUE CHILD SUPPORT.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. Subsection (e) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
2929
3030 (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.
3131
3232 Sec. 2. Subsection (a) of section 3-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
3333
3434 (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.
3535
3636 Sec. 3. Subsection (h) of section 31-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
3737
3838 (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.
3939
4040 (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.
4141
4242 (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.
4343
4444 (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.
4545
4646 (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.
4747
4848 (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.
4949
5050 Sec. 4. (NEW) (Effective October 1, 2016) 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 an 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.
5151
5252 Sec. 5. (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 owed 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.
5353
5454 (b) The task force shall consist of the following members:
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5656 (1) Two appointed by the speaker of the House of Representatives;
5757
5858 (2) Two appointed by the president pro tempore of the Senate;
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6060 (3) One appointed by the majority leader of the House of Representatives;
6161
6262 (4) One appointed by the majority leader of the Senate;
6363
6464 (5) One appointed by the minority leader of the House of Representatives;
6565
6666 (6) One appointed by the minority leader of the Senate;
6767
6868 (7) The Commissioner of Social Services, or the commissioner's designee; and
6969
7070 (8) The Chief Court Administrator, or the Chief Court Administrator's designee.
7171
7272 (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.
7373
7474 (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.
7575
7676 (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.
7777
7878 (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.
7979
8080 (g) Not later than January 1, 2018, the task force shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to human services and 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, 2018, whichever is later.
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8282
8383
8484
8585 This act shall take effect as follows and shall amend the following sections:
8686 Section 1 from passage 6-38b(e)
8787 Sec. 2 July 1, 2016 3-119(a)
8888 Sec. 3 July 1, 2016 31-227(h)
8989 Sec. 4 October 1, 2016 New section
9090 Sec. 5 from passage New section
9191
9292 This act shall take effect as follows and shall amend the following sections:
9393
9494 Section 1
9595
9696 from passage
9797
9898 6-38b(e)
9999
100100 Sec. 2
101101
102102 July 1, 2016
103103
104104 3-119(a)
105105
106106 Sec. 3
107107
108108 July 1, 2016
109109
110110 31-227(h)
111111
112112 Sec. 4
113113
114114 October 1, 2016
115115
116116 New section
117117
118118 Sec. 5
119119
120120 from passage
121121
122122 New section
123123
124+Statement of Purpose:
124125
126+To improve upon the collection of past due child support.
125127
126-HS Joint Favorable C/R FIN
127-
128-HS
129-
130-Joint Favorable C/R
131-
132-FIN
128+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]