REPORT TITLE:
Child Support Enforcement


DESCRIPTION:
Penalizes employers with 50 employees or more and who fail to
provide payment of salary, wages, or compensation within five
working days of payment due to a parent obligated to pay child
support.  Penalizes ESEA when it fails to disburse child support
payments after five working days from the date of collection, and
gives the fines to the custodial parent.  Requires CSEA to use
interest realized from the Special Interest Bearing Account to
improve child support enforcement services. (SB1003 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1003
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD SUPPORT ENFORCEMENT.



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-     Penalties.  (a)  Each employer in the State
 
 5 that:
 
 6      (1)  Employs fifty employees or more; and
 
 7      (2)  Fails to provide payment of salary, wages, or
 
 8           compensation within five working days of payment due to
 
 9           a parent obligated to pay child support;
 
10 shall be fined $     for each day after the fifth day until
 
11 payment is received.
 
12      (b)  When the agency fails to disburse child support
 
13 payments after five working days from the date of collection, the
 
14 agency shall be fined $    for each day after the fifth day until
 
15 payment is received.
 
16      (c)  All fines collected shall be deposited into the special
 
17 interest bearing account pursuant to section 576D-10; provided
 
18 that the fines collected pursuant to subsection (b) shall be
 
19 disbursed to the custodial parent."
 

 
Page 2                                                     1003
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      SECTION 2.  Section 576D-10, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The agency shall collect and disburse child support
 
 4 payments when an order requires the collection and disbursal.  In
 
 5 the event of any default by the obligor, upon notification of the
 
 6 default by the custodial parent, the agency shall proceed against
 
 7 the obligor for the arrearage and the agency shall have
 
 8 jurisdiction over future child support payments.  Notwithstanding
 
 9 any other law to the contrary, the agency shall maintain a
 
10 special interest bearing account for child support payments.
 
11 Moneys collected by the agency for child support payments shall
 
12 not be deposited into the state treasury, but shall be deposited
 
13 into this account.  Moneys to be disbursed by the agency for
 
14 child support payments shall be disbursed from this account
 
15 without appropriation or allotment.  The interest realized from
 
16 this account shall be used [for]:
 
17      (1)  For related costs of the maintenance and operation of
 
18           the account; and [the]
 
19      (2)  To improve child support enforcement services.
 
20 The balance shall be deposited into the state treasury to the
 
21 credit of the general fund."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 
24      SECTION 4.  This Act shall take effect upon its approval.