REPORT TITLE:
Child Support


DESCRIPTION:
Requires the withdrawal of a state security clearance for persons
in default of their child support obligations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1234       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CHILD SUPPORT.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 576D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "�576D-    Suspension of security clearance.  (a)  Upon a
 
 5 determination that an obligor is not in compliance with an order
 
 6 of support as defined in section 576D-1 or that an individual
 
 7 failed to comply with a subpoena or warrant relating to a
 
 8 paternity or child support proceeding, and that the obligor or
 
 9 individual holds a security clearance from a state agency, the
 
10 agency shall serve notice upon the obligor or individual of the
 
11 agency's intent to certify the obligor or individual as
 
12 noncompliant with an order of support or a subpoena or warrant
 
13 relating to a paternity or child support proceeding, and move to
 
14 suspend the obligor's or individual's state security clearance.
 
15      (b)  The notice shall be sent by regular mail to both the
 
16 last known address of record of the obligor or individual as
 
17 shown in the records of the licensing authority and the address
 
18 of record of the obligor or individual as shown in the agency's
 
19 child support record.  For purposes of this section, the date of
 

 
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 1 service means two days following the date of mailing.  The notice
 
 2 shall contain the following information:
 
 3      (1)  The name, social security number, if available, date of
 
 4           birth, if known, and each applicable child support case
 
 5           number or numbers of the obligor or individual;
 
 6      (2)  The amount of the arrears, the amount of the monthly
 
 7           child support obligation, and reference to the support
 
 8           order upon which the support amount and arrears are
 
 9           based or the subpoena or warrant that the individual
 
10           has failed to comply with;
 
11      (3)  Notice of intent to move to suspend the obligor's or
 
12           individual's state security clearance;
 
13      (4)  A statement that the obligor or individual may contest
 
14           the suspension by requesting a hearing in writing
 
15           within thirty days of the date of service of the notice
 
16           of intent to suspend the clearance;
 
17      (5)  A statement that the obligor may contact the agency in
 
18           writing within thirty days of the date of service of
 
19           the notice and enter into a monthly payment agreement
 
20           for the arrears owed, and if an agreement is entered
 
21           into within thirty days of making contact with the
 
22           agency, the agency shall not pursue the suspension of
 
23           the clearance;
 

 
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 1      (6)  A statement that an individual not in compliance with a
 
 2           subpoena or warrant relating to a paternity or child
 
 3           support proceeding may contact the agency in writing
 
 4           within thirty days of the date of service of the notice
 
 5           and enter into an agreement to provide the information
 
 6           or appear at the proceedings, and if so, the agency
 
 7           shall not pursue the suspension of the clearance; and
 
 8      (7)  A statement that if the obligor or individual makes a
 
 9           timely request as specified in paragraph (4), the
 
10           agency shall stay the action until a decision is made.
 
11      (c)  If the obligor or individual:
 
12      (1)  Fails to contact the agency in writing within thirty
 
13           days of the date of service of the notice;
 
14      (2)  Is not in compliance with an order of support or failed
 
15           to comply with a subpoena or warrant relating to a
 
16           paternity or child support proceeding, and does not
 
17           timely enter into an agreement under subsection (d); or
 
18      (3)  If the office issues a decision that the obligor or an
 
19           individual is not in compliance with an order of
 
20           support or has failed to comply with a subpoena or
 
21           warrant relating to a paternity or child support
 
22           proceeding, the agency shall certify in writing to the
 
23           state agency that granted the security clearance and to
 

 
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 1           the obligor's or individual's employer that the obligor
 
 2           is not in compliance with an order of support or that
 
 3           the individual is not in compliance with a subpoena or
 
 4           warrant relating to a paternity or child support
 
 5           proceeding, and shall authorize the immediate
 
 6           suspension of the security clearance held by the
 
 7           obligor or individual.  The agency shall provide a copy
 
 8           of the certification to the obligor or individual.
 
 9           Upon receipt of the certification, the state agency
 
10           that granted the clearance shall suspend the clearance.
 
11           Notwithstanding the provisions of any other law, the
 
12           suspension shall continue in effect until the state
 
13           agency that issued the clearance receives a written
 
14           release of suspension from the agency, the office of
 
15           child support hearings, or the family court.
 
16      (d)  The obligor may enter into a payment agreement with the
 
17 agency if the obligor makes contact with the agency within thirty
 
18 days of the date of service of the notice, or the individual may
 
19 enter into an agreement to provide the information requested in
 
20 the subpoena or appear at the proceeding required by the warrant.
 
21      (e)  If the obligor or the individual requests an
 
22 administrative hearing in writing within thirty days of the date
 
23 of service of the notice as provided in subsection (b), the
 

 
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 1 office shall schedule a hearing to determine whether the obligor
 
 2 is in compliance with a support order or whether the individual
 
 3 is in compliance with a subpoena or warrant relating to a
 
 4 paternity or child support proceeding.  The hearing shall be
 
 5 conducted in accordance with chapters 91 and 576E.  The issues
 
 6 before the hearings officer shall be limited to whether the
 
 7 obligor is in compliance with an order of support or whether the
 
 8 individual is in compliance with a subpoena or warrant relating
 
 9 to a paternity or child support proceeding.  The hearings officer
 
10 shall issue a written decision within ten days of the hearing.
 
11 If the hearings officer decides that the obligor is not in
 
12 compliance with a support order or that the individual is not in
 
13 compliance with a subpoena or warrant relating to a paternity or
 
14 child support proceeding, the security clearance shall be
 
15 suspended.
 
16      (f)  The decision of the hearings officer shall be final and
 
17 shall be subject to judicial review as provided in chapter 91.
 
18 Any suspension under this section shall not be stayed pending
 
19 judicial review.
 
20      (g)  When the conditions which resulted in the suspension no
 
21 longer exist, the agency shall provide the obligor or individual
 
22 with written confirmation that the obligor is in compliance with
 
23 the order of support or that the individual is in compliance with
 

 
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 1 the subpoena or warrant relating to a paternity or child support
 
 2 proceeding, and the agency, office, or the family court shall
 
 3 issue an authorization canceling the suspension in writing to the
 
 4 state agency granting the clearance and the obligor's employer.
 
 5 The state agency who granted the clearance shall immediately
 
 6 restore the security clearance unless other circumstances bar
 
 7 such as restoration.
 
 8      (h)  The agency shall adopt rules necessary for the
 
 9 implementation and administration of this section."
 
10      SECTION 2.  New statutory material is underscored.
 
11      SECTION 3.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________