Author: Austin Marshall
Last saved by: Margaret Ford
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An Act

ENROLLED SENATE
BILL NO. 1784	By:	David of the Senate

			and

		Grau of the House

An Act relating to child support arrearages; amending 43 O.S. 2011, Section 139.1, which relates to remedies for noncompliance with support orders; modifying certain enforcement authority of court; and providing an effective date.

SUBJECT:  Child support arrearages

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     43 O.S. 2011, Section 139.1, is amended to read as follows:

Section 139.1.  A.  As used in this section and Section 6-201.1 of Title 47 of the Oklahoma Statutes:

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 license;

2.  "Noncompliance with an order for support" means that the obligor has failed to make child 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 payments pursuant to a court-ordered payment plan for at least ninety (90) days or has failed to obtain or maintain health insurance coverage as required by an order for support for at least ninety (90) days or has failed, after receiving appropriate notice to comply with subpoenas or orders relating to paternity or child support proceedings or has failed to comply with an order to submit to genetic testing to determine paternity;

3.  "Order for support" means any judgment or order for the support of dependent children or an order to submit to genetic testing to determine paternity issued by any court of this state or other state or any judgment or order issued in accordance 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, registration, permit, approval or other similar document issued by a licensing board granting to an individual a right or privilege to engage 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 Oklahoma Wildlife Conservation Code, certificates of title for vessels and motors and other licenses or registrations issued pursuant to 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 support;

6.  "Oklahoma Child Support Services (OCSS)" 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 support debt or support obligation is owed,

b.	the OCSS or a public agency of another state that has the right to receive 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

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 incorporates 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 professional conduct and disciplinary proceedings.

3.  Pursuant to Section 6-201.1 of Title 47 of the Oklahoma Statutes, the district or administrative courts of this state are hereby authorized to order the revocation or suspension of a driver license of an obligor who is in noncompliance with an order of support.

4.  The remedy under this section is in addition to any other enforcement remedy available to the court.

C.  1.  At any hearing involving the support of a child, if the district court finds evidence presented at the hearing that an obligor is in noncompliance with an order for support and the obligor is licensed by any licensing board, the court, in addition to any other enforcement action available, ~~shall~~ may suspend or revoke the license of the obligor who is in noncompliance with the order of support or place the obligor on probation pursuant to paragraph 2 of this subsection.

2.	a.	To be placed on probation, the obligor shall agree to a payment plan to:

(1)	make all future child support payments as required by the current order 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 pursuant 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 which was the subject of the license revocation action have been paid in full.

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 probation, the appropriate licensing board shall not be notified and no action is required of that board.

4.  Probation shall be conditioned upon full compliance with the order.  If the court grants probation, the probationary period shall not exceed three (3) years.

5.  If the obligor is placed on probation, the obligee or OCSS may request a hearing at any time to review the status of the obligor's compliance with the payment plan and to request immediate suspension or revocation of the obligor's license.  The obligor shall be served with notice of the hearing by regular mail to the obligor's address of record pursuant to Section 112A of this title.

6.  If, by the completion of time allotted for the probationary period, the obligor has failed to fully comply with the terms of probation, the licenses of the obligor shall be automatically suspended or revoked without further hearing.  If the licenses of the obligor are suspended or revoked, the obligor may thereafter apply for reinstatement in compliance with subsection D or E of this section.

D.  When all support due is paid in full and the obligor has complied with all other provisions of the order for support, the obligor, the obligee or OCSS may file a motion with the court 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 licenses have been suspended or revoked may file a motion with the court for reinstatement of the licenses of the obligor prior to payment in full of all support due and the motion shall be set for hearing.

2.  The court may reinstate the licenses of the obligor if the obligor has:

a.	paid the current child support and the monthly arrearage payments each month for the current month and two (2) months immediately preceding, or paid an amount equivalent to three (3) months of child support and arrearage payments which satisfies the current child support and monthly arrearage payments for the current 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 relating 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 court terminates the order of suspension, revocation, 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.

4.  If the obligor fails to comply with the terms of probation, the court may refuse to reinstate the licenses and driving privileges 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 set 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 registry 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 shall serve a copy of the motion for reinstatement of the licenses of the obligor on OCSS.

G.  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 the licensing board, the custodian and OCSS when child support services are being provided pursuant to Section 237 of Title 56 of the Oklahoma Statutes.

H.  Entry of this order does not limit the ability of the court to issue a new order requiring the licensing board to revoke or suspend the license of the same obligor in the event of another delinquency or failure to comply.

I.  Upon receipt of a court order to suspend or revoke the license of an obligor, the licensing board shall comply with the order by:

1.  Determining if the licensing board has issued a license to the individual whose name appears on the order for support;

2.  Notifying the obligor of the 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.  Upon receipt of a court order to not issue or not renew the license of an obligor, the licensing board 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 nonrenewal of the license as appropriate.

K.  An order, issued by the court, directing the licensing board to suspend, revoke, not issue or not renew the license of the obligor shall be processed and implemented by the licensing board without any additional review or hearing and shall continue until the court or appellate court advises the licensing board by order that the suspension, revocation, nonissuance or nonrenewal is terminated.

L.  The licensing board has no jurisdiction to modify, remand, reverse, vacate, or stay the order of the court for the suspension, revocation, nonissuance or nonrenewal of a license.

M.  In the event of suspension, revocation, 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.  A licensing board may charge the obligor a fee to cover the administrative costs incurred by the licensing board 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 deposited in the agency revolving fund for the use by the licensing board to pay the costs of administering this section.  Otherwise, the administrative costs shall be deposited in the General Revenue Fund of the state.

O.  Each licensing board shall promulgate rules necessary for the implementation and administration of this section.

P.  The licensing board is exempt from liability to the obligor for activities conducted in compliance with Section 139 et seq. of this title.

Q.  The provisions of this section may be used to revoke or suspend the licenses and driving privileges of the custodian of a child who fails to comply with an order to submit to genetic testing to determine paternity.

R.  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 2.  This act shall become effective November 1, 2014.

Passed the Senate the 11th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the 3rd day of April, 2014.

	
	Presiding Officer of the House
	of Representatives

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________

Req. No. \*Req. No.*\Page

ENR. S. B. NO. 1784	Page