Addendum to SFA analysis (2-16-00)

Senate Committee: Families, Mental Health

House Committee: Family and Civil Law

ADDENDUM TO SENATE FISCAL AGENCY ANALYSIS OF SB 757 DATED 10-18-99:

HOUSE COMMITTEE ACTION:

As passed by the Senate, the bill would have required that a bench warrant issued under the act for a delinquent payer of support require the payer to deposit a bond in the amount of the arrearage.

The House Committee on Family and Civil Law adopted a substitute for the bill, Substitute H-2. In addition to reflecting changes in the underlying language of the statute put in place by the enactment of Public Act 160 of 1999 (House Bill 4818), the committee substitute made the following changes to the Senate-passed bill:

The committee substitute would allow for the payment of cash, as an alternative to a bond, in the amount of the arrearage.

The committee substitute would add language allowing the court to set the required deposit at a lower amount if the court determined from the facts of the case that requiring bond or cash at the full amount of the arrearage would be unjust or inappropriate. This provision would require the court to set forth in writing or on the record the reasons for such a determination. At its own discretion, the court could add costs to the amount of the required deposit.

POSITIONS:

The Family Independence Agency supports the bill. (2-11-00)

The Capitol Area Fathers for Equal Rights opposes the bill. (2-11-00)

DADS of Michigan opposes the bill. (2-15-00)

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.