Mississippi Legislature

1997 Regular Session

Senate Bill 2164

[Introduced] [Passed Senate] [Sent to Governor]

Instructions Bill Status Menu





History of Actions

Background

Title

Description: Child support enforcement; comply with mandates of federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

History of Actions:

101/07/97(S)Referred To Public Health and Welfare;Judiciary
201/22/97(S)DR - TSDPCS: PH To JU
302/04/97(S)DR - TSDPCS: JU To PH
402/04/97(S)Title Suff Do Pass Comm Sub
502/10/97(S)Committee Substitute Adopted
602/10/97(S)Passed
702/10/97(S)Motion to Reconsider Entered
802/11/97(S)Motion to Reconsider Tabled
902/13/97(S)Transmitted To House
1002/14/97(H)Referred To Judiciary A
1103/04/97(H)Title Suff Do Pass As Amended
1203/10/97(H)Amended
1303/10/97(H)Passed As Amended
1403/12/97(H)Returned For Concurrence
1503/13/97(S)Decline to Concur/Invite Conf
1603/18/97(S)Conferees Named Turner,Robertson,Bean
1703/20/97(H)Conferees Named Perry,Simpson,Green (72nd)
1804/01/97(S)Conference Report Failed
1904/01/97(H)Conference Report Adopted
2004/01/97(H)Motion to Reconsider Entered
2104/01/97(S)Motion to Reconsider Entered
2204/02/97(S)Reconsidered
2304/02/97(S)Conference Report Adopted
2404/03/97(H)Motion to Reconsider Tabled
2504/07/97(S)Enrolled Bill Signed
2604/07/97(H)Enrolled Bill Signed
2704/07/97Due From Governor 04/24/97
2804/24/97Approved by Governor

Background Information:

Effective dateJanuary 1, 1998
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredYes
Chapter number588

Senate Committees:

House Committee:

Principal Author: Bean

Additional Author: Smith

Code Sections: A 043-0019-0031, A 043-0019-0035, A 043-0019-0037, A 093-0011-0101, A 093-0011-0103, RP 093-0011-0105, RP 093-0011-0107, RP 093-0011-0109, A 093-0011-0111, A 093-0011-0113, A 093-0011-0115, A 043-0019-0045, A 027-0015-0203, A 037-0009-0009, A 041-0057-0007, A 049-0007-0003, A 063-0001-0019, A 063-0001-0081, A 067-0001-0053, A 067-0003-0017, A 073-0001-0017, A 073-0002-0007, A 073-0003-0002, A 073-0004-0017, A 073-0005-0015, A 073-0006-0015, A 073-0007-0013, A 073-0007-0014, A 073-0007-0015, A 073-0007-0016, A 073-0007-0017, A 073-0007-0018, A 073-0007-0019, A 073-0007-0021, A 073-0009-0023, A 073-0010-0009, A 073-0011-0051, A 073-0013-0025, A 073-0014-0017, A 073-0015-0019, A 073-0015-0021, A 073-0017-0011, A 073-0019-0019, A 073-0021-0085, A 073-0021-0087, A 073-0021-0089, A 073-0021-0091, A 073-0023-0047, A 073-0024-0019, A 073-0025-0005, A 073-0027-0005, A 073-0029-0015, A 073-0030-0009, A 073-0031-0013, A 073-0033-0005, A 073-0034-0013, A 073-0035-0009, A 073-0036-0023, A 073-0038-0019, A 073-0039-0015, A 073-0041-0005, A 073-0053-0013, A 073-0055-0007, A 073-0057-0017, A 073-0059-0005, A 083-0017-0107, A 083-0017-0205, A 083-0018-0003, A 083-0039-0005, RP 093-0012-0021, RP 093-0012-0015, RP 093-0012-0013, RP 093-0012-0011, RP 093-0012-0009, RP 093-0012-0007, RP 093-0012-0005, RP 093-0012-0003, RP 093-0012-0001, RP 093-0011-0063, RP 093-0011-0061, RP 093-0011-0059, RP 093-0011-0057, RP 093-0011-0055, RP 093-0011-0053, RP 093-0011-0051, RP 093-0011-0049, RP 093-0011-0047, RP 093-0011-0045, RP 093-0011-0043, RP 093-0011-0041, RP 093-0011-0039, RP 093-0011-0037, RP 093-0011-0035, RP 093-0011-0033, RP 093-0011-0031, RP 093-0011-0029, RP 093-0011-0027, RP 093-0011-0025, RP 093-0011-0023, RP 093-0011-0021, RP 093-0011-0019, RP 093-0011-0017, RP 093-0011-0015, RP 093-0011-0013, RP 093-0011-0011, RP 093-0011-0009, RP 093-0011-0007, RP 093-0011-0005, RP 093-0011-0003, RP 093-0011-0001, A 011-0033-0009, A 093-0009-0021, A 093-0011-0071, A 093-0009-0015, A 093-0009-0017, A 043-0013-0303, A 093-0011-0069, A 093-0011-0117, A 093-0009-0023, A 093-0009-0009, A 027-0007-0083, A 081-0005-0055, A 027-0007-0045

Title: AN ACT TO AMEND CERTAIN CHILD SUPPORT ENFORCEMENT STATUTES AS REQUIRED BY THE FEDERAL PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996, P.L. 104-193; TO AMEND SECTIONS 43-19-31, 43-19-35 AND 43-19-37, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO MAINTAIN A STATE CASE REGISTRY FOR ALL CHILD SUPPORT ORDERS ESTABLISHED OR MODIFIED IN MISSISSIPPI AFTER OCTOBER 1, 1998, AND DIRECTING THE DEPARTMENT OF HUMAN SERVICES TO MAINTAIN A CENTRAL RECEIPTING AND DISBURSEMENT UNIT FOR THE COLLECTION AND DISBURSEMENT OF PAYMENTS UNDER SUPPORT ORDERS ENFORCED BY THE DEPARTMENT OR REQUIRED BY THE COURTS, AND TO PROVIDE FOR A UNIFORM CHILD SUPPORT ORDER TRACKING SYSTEM IN CONSULTATION WITH THE ADMINISTRATIVE OFFICE OF COURTS; TO CODIFY SECTION 43-19-46, MISSISSIPPI CODE OF 1972, TO REQUIRE EMPLOYERS TO PROVIDE INFORMATION ON NEW EMPLOYEES WITHIN 15 DAYS OF THE DATE OF HIRING TO THE DIRECTOR OF NEW HIRE WITHIN THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, TO BE FORWARDED TO THE FEDERAL REGISTRY OF NEW HIRES; TO AMEND SECTIONS 93-11-101, 93-11-103, 93-11-111, 93-11-113 AND 93-11-115, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF DELINQUENCY FOR PURPOSES OF CHILD SUPPORT ENFORCEMENT, TO PROVIDE THAT ANY ORDER FOR SUPPORT ENFORCED BY THE DEPARTMENT OF HUMAN SERVICES ISSUED ON OR AFTER OCTOBER 1, 1996, AND ALL ARREARAGES ON SUPPORT ORDERS PRIOR TO THAT DATE, AND CHILD SUPPORT ORDERS NOT ENFORCED BY THE DEPARTMENT UNDER CERTAIN CIRCUMSTANCES, SHALL BE SUBJECT TO AUTOMATIC WITHHOLDING ORDERS WITHOUT ANY REQUIREMENT THAT THE OBLIGOR BE DELINQUENT IN PAYMENT, TO PRESCRIBE CERTAIN REQUIREMENTS FOR ORDERS FOR SUPPORT, TO REQUIRE ALL PAYMENTS UNDER ANY WITHHOLDING ORDER TO BE SUBMITTED TO THE CENTRAL RECEIPTING AND DISBURSEMENT UNIT OF THE DEPARTMENT OF HUMAN SERVICES WITHIN SEVEN WORKING DAYS AFTER THE DATE PAYMENT IS MADE OR CREDITED TO THE EMPLOYEE OR OBLIGOR AND TO PROVIDE THAT THE CLERK SHALL SERVE ANY MODIFICATION OF AN ORDER FOR WITHHOLDING ON THE PAYOR BY FIRST CLASS MAIL; TO REPEAL SECTION 93-11-105, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR SERVICE OF NOTICE OF DELINQUENCY OF CHILD SUPPORT PAYMENTS BY THE DEPARTMENT OF HUMAN SERVICES, SECTION 93-11-107, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE FILING OF A PETITION TO STAY SERVICE OF AN ORDER FOR WITHHOLDING CHILD SUPPORT PAYMENTS AND SECTION 93-11-109, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CERTAIN PREREQUISITES FOR THE SERVICE OF AN ORDER FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO AMEND SECTION 43-19-45, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL FEDERAL AND STATE AGENCIES CONDUCTING ACTIVITIES PURSUANT TO CHILD SUPPORT ENFORCEMENT TO HAVE ACCESS TO ANY SYSTEM USED TO LOCATE AN INDIVIDUAL, REGARDLESS OF ANY CONFIDENTIALITY PROVISION, INCLUDING, BUT NOT LIMITED TO, FINANCIAL INFORMATION AND AVAILABILITY OF MEDICAL INSURANCE; TO CODIFY SECTION 93-11-64, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES AND ANY AGENCY SUPPLYING INFORMATION TO THE DEPARTMENT TO USE SOCIAL SECURITY NUMBERS FOR THE PURPOSES OF LOCATING PARENTS OR ALLEGED PARENTS, ESTABLISHING PARENTAGE, AND ESTABLISHING OR ENFORCING CHILD SUPPORT OBLIGATIONS, AND TO AMEND SECTIONS 27-15-203, 37-9-9, 41-57-7, 49-7-3, 63-1-19, 63-1-81, 67-1-53, 67-3-17, 73-1-17, 73-2-7, 73-3-2, 73-4-17, 73-5-15, 73-6-15, 73-7-13 THROUGH 73-7-21, 73-9-23, 73-10-9, 73-11-51, 73-13-25, 73-14-17, 73-15-19, 73-15-21, 73-17-11, 73-19-19, 73-21-85 THROUGH 73-21-91, 73-23-47, 73-24-19, 73-25-5, 73-27-5, 72-29-15, 73-30-9, 73-31-13, 73-33-5, 73-34-13, 73-35-9, 73-36-23, 73-38-19, 73-39-15, 73-41-5, 73-53-13, 73-55-7, 73-57-17, 73-59-5, 83-17-107, 83-17-205, 83-18-3 AND 83-39-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO CREATE THE UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA); TO DEFINE CERTAIN TERMS; TO IDENTIFY THE TRIBUNALS OF THIS STATE; TO PROVIDE THAT REMEDIES UNDER THIS ACT ARE CUMULATIVE; TO PROVIDE BASES FOR JURISDICTION OVER NONRESIDENTS; TO PROVIDE FOR PROCEDURE WHEN EXERCISING JURISDICTION OVER NONRESIDENTS; TO PROVIDE FOR PROCEEDINGS INVOLVING TWO OR MORE STATES; TO PROVIDE FOR CONTINUING JURISDICTION; TO PROVIDE FOR ENFORCEMENT AND MODIFICATION OF SUPPORT ORDERS; TO PROVIDE FOR RECOGNITION AND RECONCILIATION OF ORDERS OF OTHER STATES; TO PROVIDE FOR MULTIPLE CHILD SUPPORT ORDERS; TO PROVIDE FOR PROCEEDINGS UNDER THIS ACT AND THE APPLICATION OF LAW; TO SPECIFY THE DUTIES OF TRIBUNALS AND SUPPORT AGENCIES; TO PROVIDE FOR THE DUTIES OF THE ATTORNEY GENERAL'S OFFICE; TO PROVIDE FOR NONDISCLOSURE OF INFORMATION IN CERTAIN CASES; TO PROVIDE FOR THE ASSESSMENT OF COURT COSTS AND ATTORNEY'S FEES; TO PROVIDE FOR LIMITED IMMUNITY OF THE PETITIONER; TO SPECIFY SPECIAL RULES OF EVIDENCE AND PROCEDURE; TO ALLOW COMMUNICATION BETWEEN TRIBUNALS; TO ALLOW ASSISTANCE WITH DISCOVERY; TO PROVIDE FOR THE RECEIPT AND DISBURSEMENT OF PAYMENTS; TO PROVIDE FOR THE ESTABLISHMENT OF SUPPORT ORDERS; TO PROVIDE FOR THE DIRECT ENFORCEMENT AND RECOGNITION OF ORDERS OF ANOTHER STATE WITHOUT REGISTRATION AND THE ADMINISTRATIVE ENFORCEMENT OF ORDERS; TO PROVIDE FOR ENFORCEMENT AND MODIFICATION OF SUPPORT ORDERS AFTER REGISTRATION; TO PROVIDE FOR CHOICE OF LAW; TO PROVIDE FOR CONTESTING THE VALIDITY OR ENFORCEMENT OF ORDERS; TO PROVIDE FOR NOTICE; TO PROVIDE FOR THE REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDERS; TO PROVIDE FOR THE DETERMINATION OF PARENTAGE; TO PROVIDE FOR INTERSTATE RENDITION AND THE CONDITIONS THEREFOR; TO REPEAL SECTIONS 93-11-1 THROUGH 93-11-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT LAW OF MISSISSIPPI; TO AMEND SECTION 11-33-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ATTACHMENT AND SEIZING OF ASSETS OF NONCUSTODIAL PARENTS OWING PAST DUE CHILD SUPPORT; TO AMEND SECTION 93-9-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO REQUIRE, UPON THE REQUEST OF AN ALLEGED PARENT, GENETIC TESTING PRIOR TO FILING OF A PATERNITY ACTION; TO AMEND SECTION 93-11-71, MISSISSIPPI CODE OF 1972, TO SUBJECT CERTAIN ASSETS TO INTERCEPTION OR SEIZURE FOR JUDGMENT FOR OVERDUE CHILD SUPPORT WITHOUT REGARD TO ENTRY ON THE JUDGMENT ROLLS, TO PROVIDE FOR THE SEIZURE OF INTERSTATE ASSETS UPON ENTRY OF FOREIGN LIEN OR JUDGMENT AND TO AUTHORIZE THE COURT TO REQUIRE AN OBLIGOR OWING PAST DUE CHILD SUPPORT TO PARTICIPATE IN WORK PROGRAMS IF THE CHILD RECEIVES TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PAYMENTS; TO AMEND SECTION 93-9-15, MISSISSIPPI CODE OF 1972, TO DELETE THE RIGHT TO A JURY TRIAL IN PATERNITY CASES; TO AMEND SECTION 93-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE CHANGE OF VENUE; TO CODIFY SECTION 43-19-48, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO ENTER INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS TO OPERATE A DATA MATCH SYSTEM FOR NONCUSTODIAL PARENTS OWING PAST DUE CHILD SUPPORT, TO PROVIDE FOR THE ENCUMBRANCE OF ASSETS HELD BY SUCH INSTITUTION ON BEHALF OF SUCH PARENT AND TO PROVIDE THAT SUCH FINANCIAL INSTITUTIONS MAY NOT BE HELD LIABLE FOR PROVIDING SUCH FINANCIAL RECORDS; TO CODIFY SECTION 93-11-118, MISSISSIPPI CODE OF 1972, TO SPECIFY INDICIA OF FRAUD WHICH CREATE A PRIMA FACIE CASE THAT A DEBTOR TRANSFERRED INCOME OR PROPERTY TO AVOID PAYMENT OF CHILD SUPPORT; TO AMEND SECTION 43-13-303, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL CHILD SUPPORT ORDERS ENFORCED BY THE DEPARTMENT OF HUMAN SERVICES TO INCLUDE A PROVISION FOR THE HEALTH CARE COVERAGE OF THE CHILD AND NOTICE REQUIREMENTS TO THE EMPLOYER; TO AMEND SECTION 93-11-69, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO REPORT TO A CONSUMER REPORTING AGENCY ALL PAST-DUE CHILD SUPPORT OBLIGATIONS AFTER THE ABSENT PARENT IS GIVEN OPPORTUNITY TO CONTEST THE INFORMATION; TO AMEND SECTION 93-11-117, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CIVIL PENALTIES TO BE ASSESSED AGAINST EMPLOYERS WHO DO NOT COMPLY WITH CHILD SUPPORT WITHHOLDING ORDERS; TO AMEND SECTION 93-9-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL BE RESPONSIBLE FOR PAYING THE COSTS OF REQUIRED GENETIC TESTING FOR PATERNITY; TO AMEND SECTION 93-9-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DEFAULT PATERNITY ORDERS UPON EVIDENCE THAT THE ALLEGED NONCUSTODIAL PARENT HAS BEEN SERVED WITH PROCESS AND TO PROVIDE FOR THE OFFERING OF EVIDENCE OF CERTAIN COSTS IN PATERNITY ACTIONS; TO CODIFY SECTION 71-3-129, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR THE INTEREST OF WORKERS' COMPENSATION PAYMENTS FOR CHILD SUPPORT PAYMENTS; TO AMEND SECTION 27-7-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STATE TAX COMMISSION RETURNS AND TAX INFORMATION SHALL BE DISCLOSED TO THE DEPARTMENT OF HUMAN SERVICES FOR CHILD SUPPORT ENFORCEMENT PURPOSES ONLY; TO AMEND SECTION 81-5-55, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR THE DISCLOSURE OF INFORMATION PURSUANT TO TITLE 43, CHAPTER 19, MISSISSIPPI CODE OF 1972; TO PROVIDE ADMINISTRATIVE SUBPOENAS; TO PROVIDE AN APPEALS PROCESS; TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO PERFORM A FEE STUDY; TO PROVIDE IMMUNITY FOR CERTAIN ACTIONS TAKEN UNDER THIS ACT; TO AMEND SECTION 27-7-45, MISSISSIPPI CODE OF 1972, TO REVISE PAYMENT OF CHILD SUPPORT; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 04/24/97 at 23:50.



End Of Document

1997/History/SB\SB2164.htm