HOUSE BILL No. 6553


     December 3, 2002, Introduced by Reps. Tabor and Koetje and referred to the Committee on Family and Children Services.


        A bill to amend 1971 PA 174, entitled

   "Office of child support act,"

   by amending section 3 (MCL 400.233), as amended by 2001 PA 564,

   and by adding section 6a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 3.  The office shall do all of the following:

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             (a) Serve as a state agency authorized to administer

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        title IV-D.

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             (b) Assist a governmental agency or department in locating

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        an adult responsible for the child for any of the following

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        purposes:

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             (i) To establish parentage.

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             (ii) To establish, set the amount of, modify, or enforce

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        support obligations.




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             (iii) To disburse support receipts.

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             (iv) To make or enforce child custody or parenting time

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        orders.

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             (c) Coordinate activity on a state level in a search for an

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        adult responsible for the child.

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             (d) Obtain information that directly relates to the identity

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        or location of an adult responsible for the child.

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             (e) Serve as the information agency as provided in the

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        revised uniform reciprocal enforcement of support act, 1952 PA 8,

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        MCL 780.151 to 780.183, and uniform interstate family support

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        act, 1996 PA 310, MCL 552.1101 to 552.1901.

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             (f) Develop guidelines for coordinating activities of a gov-

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        ernmental department, board, commission, bureau, agency, or coun-

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        cil, or a public or private agency, in providing information nec-

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        essary for the location of an adult responsible for the child.

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             (g) Develop, administer, and coordinate with the state and

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        federal departments of treasury a procedure for offsetting the

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        state tax refunds and federal income tax refunds of a parent who

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        is obligated to support a child and who owes past due support.

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        The procedure shall include a guideline that the office submit to

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        the state department of treasury, not later than November 15 of

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        each year, all requests for the offset of state tax refunds

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        claimed on returns filed or to be filed for that tax year.

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             (h) Develop and implement a statewide information system to

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        facilitate the establishment and enforcement of child support

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        obligations.





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             (i) Publicize through regular and frequent, nonsexist public

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        service announcements the availability of support establishment

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        and enforcement services.

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             (j) Develop and implement in cooperation with financial

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        institutions a data matching and lien and levy system to identify

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        assets of and to facilitate the collection of support from the

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        assets of individuals who have an account at a financial institu-

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        tion and who are obligated to pay support as provided in this

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        act.

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             (k) Provide discovery and support for support enforcement

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        activities as provided in the support and parenting time enforce-

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        ment act, 1982 PA 295, MCL 552.601 to 552.650.

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             (l) Have in effect safeguards against the unauthorized use

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        or disclosure of case record information that are designed to

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        protect the privacy rights of the parties as specified in

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        sections 454 and 454a of title IV-D, 42 U.S.C. 654 and 654a, and

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        that are consistent with the use and disclosure standards pro-

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        vided under section 64 of the social welfare act, 1939 PA 280,

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        MCL 400.64.

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             (m) As provided in section 10 for friend of the court cases,

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        centralize administrative enforcement remedies and develop and

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        implement a centralized enforcement program to facilitate the

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        collection of support.

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             (N) DEVELOP AND ADMINISTER THE CHILD SUPPORT BENCH WARRANT

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        ENFORCEMENT FUND.







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             SEC. 6A.  (1) THE CHILD SUPPORT BENCH WARRANT ENFORCEMENT

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        FUND IS CREATED IN THE STATE TREASURY.  THE FUND SHALL BE

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        EXPENDED ONLY AS PROVIDED UNDER THIS SECTION.

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             (2) THE FEES COLLECTED UNDER SECTION 2529 OF THE REVISED

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        JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2529, SHALL BE

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        DEPOSITED IN THE FUND CREATED UNDER SUBSECTION (1).

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             (3) THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS

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        FROM ANY SOURCE FOR DEPOSIT INTO THE FUND.  THE STATE TREASURER

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        SHALL DIRECT THE INVESTMENT OF THE FUND.  THE STATE TREASURER

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        SHALL CREDIT TO THE FUND INTEREST AND EARNINGS FROM FUND

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        INVESTMENTS.

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             (4) MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL

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        REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND.

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             (5) THE FUND SHALL BE USED TO ADMINISTER AND PROVIDE GRANTS

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        FOR ACTIVITIES TO ENFORCE BENCH WARRANTS ASSOCIATED WITH THE COL-

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        LECTION OF CHILD SUPPORT.  MONEY TRANSMITTED TO THE STATE TREA-

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        SURER UNDER THIS SECTION SHALL SUPPLEMENT AND NOT SUPPLANT OTHER

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        MONEY APPROPRIATED BY THE STATE FOR OFFICE OF CHILD SUPPORT

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        FUNCTIONS.

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             Enacting section 1.  This amendatory act shall not take

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        effect unless Senate Bill No. _____ or House Bill No. 6554

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        (request no. 07989'02 a) of the 91st Legislature is enacted into

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        law.











   07989'02          Final page.                            SAT