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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 372 By: Rosino
AS INTRODUCED
An Act relating to child support; amending 43 O.S.
2011, Sections 139 and 139.1, as amended by Sections
1 and 2, Chapter 111, O.S.L. 2020 (43 O.S. Supp.
2020, Sections 139 and 139.1), which relate to right
to child support and noncompliance with support
order; modifying certain legislative findings;
modifying definitions; authorizing court to suspend
or revoke certain licenses under certain
circumstances; requiring certain notice; modifying
requirements for certain probation; modifying
procedures for reinstateme nt of certain license s;
requiring revocation of driving privilege under
certain circumstances; establishing procedures for
revocation of driver licenses; requiring Department
of Public Safety to prescribe certain form;
establishing procedures for certain notification;
establishing procedures for reinstatement of driving
privileges; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2011, Section 139, as
amended by Section 1, Chapter 111, O.S.L. 2020 (43 O. S. Supp. 2020,
Section 139), is amended to read as follows:
Section 139. The Legislature finds and declares that child
support is a basic legal right of the state ’s parents and children,
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that mothers and fathers ha ve a legal obligation to provide
financial support for their children and that child support payments
can have a substantial impact on child poverty and state welfare
expenditures. It is therefore the Legislature ’s intent to encourage
payment of child sup port to decrease overall costs to the sta te’s
taxpayers while increasing t he amount of financial support collected
for the state’s children by authorizing the district courts of this
state and the Department of Human Ser vices to order the revocation,
suspension, nonissuance or nonrenewal of an occupational,
professional, business or any recreational license or permit, or
permit including, but not limited to, a hunting and fishing license
or other authorization issued purs uant to the Oklahoma Wildlife
Conservation Code, Section 1 -101 et seq. of Title 29 of the Oklahoma
Statutes, and certificates of title for vessels and mo tors and other
licenses of registration issued pursuant to the Oklahoma Vessel and
Motor Registration A ct, Section 4001 et seq. of Title 63 of the
Oklahoma Statutes, and the driving privilege of or to order
probation for a parent w ho is in noncompliance with an order for
support for at least ninety (90) days or failing, after receiving
appropriate notice to comply with subpoenas or warrants r elating to
paternity or child support pro ceedings.
SECTION 2. AMENDATORY 43 O.S. 2011, Section 139.1, as
last amended by Section 2, Chapter 111, O.S.L. 2020 (43 O.S. Supp.
2020, Section 139.1), is amended to read as follows:
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Section 139.1. A. As used in this section an d Section 6-201.1
of Title 47 of the Oklahoma Statu tes:
1. “Licensing board” means any bureau, department, division,
board, agency or commission of this state or of a municipality in
this state that issues a licens e;
2. “Noncompliance with an order for s upport” means that the
obligor has failed to make c hild support payments required by a
child support order in an amount equal to the child support payable
for at least ninety (90) days or has failed to make full pay ments
pursuant to a court-ordered payment plan for at least ninety (90)
days or has failed t o obtain or maintain health insurance coverage
as required by an orde r for support for at least ninety (90) days or
has failed, after receiving appropriate notice t o comply with
subpoenas or orders relatin g to paternity or child support
proceedings or has failed to comply with an order to submit to
genetic testing to determ ine paternity;
3. “Order for support” means any judgment or order for the
support of dependent children or an order to submit to geneti c
testing to determine paternity issued by any cour t of this state or
other state or any judgment or order issued in acc ordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review ;
4. “License” means a license, certificate, regis tration,
permit, approval or other similar document issued by a licen sing
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board granting to an individual a right or privilege to eng age in a
profession, occupation or business, or any recreational license or
permit including, but not limited to, a hunting and fishing license
or other authorization issued pursuant to the Ok lahoma Wildlife
Conservation Code, or certificates of title for vessels and motors
and other licenses or registrations issued pursuant t o the Oklahoma
Vessel and Motor Registration Act , or a driver license or other
permit issued pursuant to Title 47 of the Oklahoma Statutes;
5. “Obligor” means the person who is required to make payments
or comply with other provisions of an order for supp ort;
6. “Oklahoma Child Support Services (OCSS) (CSS)” means the
state agency designated to administer a statewide plan for child
support pursuant to Section 237 of Title 56 of the Oklahoma
Statutes;
7. “Person entitled” means:
a. a person to whom a supp ort debt or support obligation
is owed,
b. the OCSS CSS or a public agency of another state that
has the right to receiv e current or accrued support
payments or that is providing support enforcement
services, or
c. a person designated in a support order or as otherwise
specified by the court; and
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8. “Payment plan” includes, but is not limited to, a plan
approved by the court that provides sufficient security to ensure
compliance with a support order and/or that inco rporates voluntary
or involuntary income assignment or a similar plan for periodic
payment on an arrearage and, if applicable, current and future
support.
B. 1. Except as otherwise provided by this subsection, the
district courts of this state are hereby authorized to order the
revocation, suspension, nonissuance or nonrenewal of a license or
the placement of the obligor on probation who is in noncompliance
with an order for support.
2. If the obligor is a licensed attorney, the court may report
the matter to the State Bar Association to revoke or suspend the
professional license of the obligor or other appropriate action in
accordance with the rules of professi onal conduct and discipl inary
proceedings.
3. Pursuant to Section 6-201.1 of Title 47 of th e Oklahoma
Statutes, the district or adminis trative courts of this state are
hereby authorized to order the revocation or suspension of a driver
license of an obligor who is in noncom pliance with an order of
support.
4. The remedy under this section is in ad dition to any other
enforcement remedy av ailable to the court.
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C. 1. At any hearing involv ing the support of a child, after
giving notice to the obli gor that licenses may be suspended or
revoked, if the district court finds evidence presented at the
hearing that an obligor is in noncompliance w ith an order for
support and the obligor is license d by any licensing board, the
court, in addition to any other enforc ement action available, may
suspend or revoke the license of the obligor who is in noncompliance
with the order of support or place the o bligor on probation pursuant
to paragraph 2 of this subsection.
2. a. To be placed on probation, the obligor shall agre e to
a payment plan to:
(1) make all future child support payments as
required by the current or der during the period
of probation, and
(2) pay the full amount of the arrearage:
(a) by lump sum by a date certain, if the court
determines the obligor has the ability, or
(b) by making monthly payments in addition to
the monthly child support amount purs uant to
Section 137 of this title.
b. The payments required to be made pursuant to this
section shall continue until the child support
arrearage and interest wh ich was the subject of the
license revocation action have been paid in full.
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3. If the obligor is placed on probation, the obligor shall be
allowed to practice or continue to practice the profession,
occupation or business of the obligor, or to operate a motor
vehicle. If the court orders probatio n, the appropriate licensing
board shall not be noti fied and no action is required of that bo ard.
4. Probation shall be conditioned upon full c ompliance with the
order. If the court grants probation, the probat ionary period shall
not exceed three (3) yea rs from the date of entry of the in itial
order of revocation or probation .
5. If the obligor is placed on probation not in compliance with
the terms of probation, the obligee or OCSS CSS may request a
hearing file a notice at any time to review the status of the
obligor’s compliance with the payment plan a nd to request with the
court for immediate suspension or revocation of the obligor ’s
license. The obligor shall be served with the notice of the hearing
by regular mail to the obligor ’s address of record pursuant to
Section 112A of this title. The obligor may request a hearing
within thirty (30) days to show cause that the licenses of the
obligor should not be suspended or revoked. If the obligor does not
request a hearing within such time period, the court shall order
immediate suspension or r evocation of the obligor’s licenses. If
the licenses of the obligor are suspended or revoke d, the obligor
may subsequently apply for reinstatement pursuant to subsection D or
E of this section.
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6. If, by the completion of time allotted for the probationary
period, the obligor has failed to fully comply w ith the terms of
probation, the licenses of the obl igor shall be automatically
suspended or revoked without further hea ring. If the licenses of
the obligor are suspended or revoked, the obligor may thereafter
apply for reinstatement in compliance with sub section D or E of this
section.
D. When all support due is paid in full and the obligor has
complied with all other pr ovisions of the order for support, the
obligor, the obligee or OCSS may file a motion with the c ourt for
reinstatement of the obligor ’s licenses or termination of probation
and the motion shall be set for hearing. If the court finds the
obligor has paid all support due in full and has complied with all
other provisions of the order for support, the court shall reinstate
the obligor’s licenses or terminate the probation.
E. 1. An obligor whose When an obligor’s licenses have been
suspended or revoked , the obligor, the obligee or CSS may file a
motion with request the court for reinstatement of to reinstate the
licenses of the obligor prior to payment in full of all support due
and the motion shall be set for hearin g.
2. The court may shall reinstate the licenses of the obligor if
the obligor has:
a. paid all support due in full or paid the current chil d
support and the monthly arrearage pa yments each month
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for the current month and two (2) months immediately
preceding, or paid an amount equivalent to t hree (3)
months of child support and arrearage payments which
satisfies the current child support and m onthly
arrearage payments for the curr ent month and two (2)
months immediately preceding,
b. disclosed all information regarding health insurance
availability and obtained and maintained health
insurance coverage required by an order for support,
c. complied with all subpoenas and orders relat ing to
paternity or child support proceedings,
d. complied with all orders to submit to genetic testing
to determine paternity, and
e. disclosed all employment and address information.
3. If the obligor has not met the conditions in paragraph 2 of
this subsection, the court may reinstate licenses upon a s howing
that reinstatement of licenses would increase the likelihood of the
obligor paying consistent, reliable child supp ort or for good cause
shown.
4. If the court terminates the order of suspension, re vocation,
nonissuance or nonrenewal, it shall place the obligor on probation,
conditioned upon compliance with any payment plan and the provisions
of the order for support.
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4. If the obligor fails to comply with the t erms of probation,
the court may refuse to reinstate the licenses of the obligor unless
the obligor makes additional payments in an amount determined by the
court to be sufficient to ensure future compliance, and the obligor
complies with the other terms s et by the court.
F. The obligor shall serve on the custodian or the state a copy
of the motion for reinstatement of the licenses of the obligor and
notice of hearing pursuant to Section 2005 of Title 12 of the
Oklahoma Statutes, or if there is an address of record, by regular
mail to the address of record on file with the central case registr y
pursuant to Section 112A of this title. When child support services
are being provided pursuant to Section 237 of Title 56 of the
Oklahoma Statutes, the obligor sha ll serve a copy of the motion for
reinstatement of the licenses of the obligor on OCSS.
G. E. If the court orders termination of the order of
suspension or revocation, the obligor shall send a copy of the order
reinstating the licenses of the obligor to t he licensing board, the
custodian and OCSS CSS when child support services are being
provided pursuant to Section 237 of Title 56 of the Oklahoma
Statutes.
H. F. Entry of this order does not limit the ability of the
court to issue a new order requiring the li censing board to revoke
or suspend the license of the same obligor in the event of an other
delinquency or failure to comply.
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I. G. Upon receipt of a court orde r to suspend or revoke the
license of an obligor, the licensing board shall comply with the
order by:
1. Determining if the licen sing board has issued a license to
the individual whose name appears on the order for support;
2. Notifying the obligor of th e suspension or revocation;
3. Demanding surrender of the license, if required;
4. Entering the suspension or revocation of the license on the
appropriate records; and
5. Reporting the suspension or revocation of the license as
appropriate.
J. H. Upon receipt of a court or der to not issue or not renew
the license of an obligor, the licensing boar d shall implement by:
1. Determining if the licensing board has received an
application for issuance or renewal of a license from the individual
whose name appears on the order of support;
2. Notifying the obligor of the nonissuance or nonrenewal; and
3. Entering the nonissuance or nonr enewal of the license as
appropriate.
K. I. An order, issued by the court, directing the licensing
board to suspend, revoke, not issue or not renew t he license of the
obligor shall be processed and implemented by the lice nsing board
without any additional review or hearing and shall continue until
the court or appellate court advises the licensing board by order
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that the suspension, revocation, nonissu ance or nonrenewal is
terminated.
L. J. The licensing board has no juri sdiction to modify,
remand, reverse, vacate, or stay the order of the court for the
suspension, revocation, nonissuance or nonrenewal of a license.
M. K. In the event of suspension, revocat ion, nonissuance or
nonrenewal of a license, any funds paid by the obligor to the
licensing board for costs related to issuance, renewal, or
maintenance of a license shall not be refunded to the obligor.
N. L. A licensing board may charge the obligor a fee t o cover
the administrative costs incurred by the licensing boar d to
administer the provisions of this section. Fees collected pursuant
to this section by a licensing board which has an agency revolving
fund shall be deposi ted in the agency revolving fund for the use by
the licensing board to pay the costs of administ ering this section.
Otherwise, the administrative costs shall be deposited in the
General Revenue Fund of the state.
O. M. Each licensing board shall promulga te rules necessary for
the implementation and administration of this section.
P. N. The licensing board is exempt from liability to the
obligor for activities conducted in complian ce with Section 139 et
seq. of this title.
Q. O. The provisions of this se ction may be used to suspend or
revoke the licenses and driving privileg es of the custodian of a
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child who fails to comply with an order to submit to gene tic testing
to determine paternity.
P. A final order entered pursuant to this section may be
appealed to the Supreme Court of Oklahoma pursuant to Section 990A
of Title 12 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-201.1A of Title 47, unless
there is created a duplication in numb ering, reads as follows:
A. In addition to other qualifications and cond itions
established by law, the driving privilege of an individual is
subject to the requirements of this section.
B. Upon receipt of an order from a court or from the Office of
Administrative Hearings: Child Support of the Department of Human
Services, hereinafter referred to as “OAH”, that a person obligated
to pay child support who owns or operates a motor vehicle is not in
compliance with an order for support, the Commissioner of Public
Safety shall revoke the person ’s driving privilege.
C. 1. Whenever a court or the OAH finds that a person is not
in compliance with an order of child support, the court or the OAH,
as applicable, shall require the person to surrender to it the
driver license held by the person and shall forward to the
Department of Public Safety an order to revoke the driving privilege
of the person, together with any d river license surrendered to the
court or OAH. An order of the court or the OAH, as applicable, to
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revoke a person’s driving privilege for noncompliance with an order
of support shall be upon a Notification of Revocation form
prescribed by the Department of Public Safety. The Department of
Public Safety shall prepa re and distribute the Notification form to
be used by the courts and the OAH.
2. In addition to the Departmen t of Public Safety, the court or
the OAH, as applicable, shall send a copy of the No tification of
Revocation to the person obligated to pay child s upport by first
class, postage prepaid mail. The Notification shall:
a. include the name, address, date of b irth, physical
description and, if known, the driver license number
of the person,
b. require the Department to revoke the driving privilege
of the person required to pay child support,
c. require the Department to not reinstate the person ’s
driving privilege until:
(1) the court or the OAH issues a release that states
such person is in compliance with the order of
support or until a court or the OAH otherwise
authorizes reinstatement of the person ’s driving
privilege, and
(2) the person has paid to the Dep artment the fees
required by Section 6-212 of Title 47 of the
Oklahoma Statutes and has met all other statutory
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requirements for reinstatement of the person ’s
driving privilege,
d. specify the reason and statutory ground for the
revocation and the effectiv e date of the revocation,
e. inform the person that in order to apply for
reinstatement of the person’s driving privilege, the
person must obtain a release from the OAH or the
court, as applicable , and
f. inform the person that the person may file a petiti on
for judicial review of the Not ification of Revocation
in district court within th irty (30) days after
receipt of the Notification.
D. Upon receipt of the Notification o f Revocation from a court
or the OAH, as applicable, that a person obligated to pay child
support is not in complianc e with an order of support, the
Department shall, in addition to any other authority to withdraw
driving privileges, revoke the driving pri vilege of the person named
in the Notification without hearing.
E. 1. The court or the OAH shall furnish a release to the
Department whenever a person, whose driving privilege has been
revoked pursuant to this section, has established and is complying
with a payment schedule, as determined by the court or the OAH.
Upon receipt of such re lease, the Department shall rei nstate the
driving privileges of the person, if the person is otherwise
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eligible, pursuant to Section 6 -212 of Title 47 of the Oklaho ma
Statutes;
2. If the person defaults on the payment schedule, the court or
OAH may resubmit the notice of noncompliance as provided for in this
section. The court or the OAH shall furnish a release to the
Department whenever the person is once again complying with the
payment schedule, as determined by the court or the OAH. Upon
receipt of such release, the Department sha ll reinstate the driving
privileges of the person, if the person is otherwise eligible,
pursuant to Section 6 -212 of Title 47 of the Oklahoma Statutes ; and
3. A person whose driving privil ege has been revoked for
noncompliance due to defaulting on a payme nt schedule pursuant to
paragraph 2 of this subsect ion shall be required to meet all
statutory requirements for reinstatement of driving privileges
including, but not limited to, the pay ment of processing and
reinstatement fees, as provided for in Section 6-212 of Title 47 of
the Oklahoma Statutes .
F. If the court or the OAH, as applicable, i s unable to secure
the surrender to it of the driver license held by the person found
to be in noncompliance with an orde r of support, the Department,
upon revoking the driving privilege of the person, shall require
that the driver license held by the pers on be surrendered to the
Department. Upon reinstatement of the person ’s driving privileges
as provided for by law, the p erson’s valid and lawful driver license
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shall be returned to the person by the Department if the person is
otherwise eligible.
SECTION 4. This act shall become effective November 1, 2021.
58-1-889 TEK 1/12/2021 3:06:51 PM