UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE BASE OF THOSE SUBJECT TO PAYMENT OF THE HANDLING FEE BY PROVIDING THAT A PERSON WHO IS REQUIRED TO PAY CHILD SUPPORT MAY BE REQUIRED TO REIMBURSE THE RECIPIENT OF THE CHILD SUPPORT FOR A HANDLING FEE FOR COLLECTION OF A CHILD SUPPORT PAYMENT WHEN THE RECIPIENT HAS PAID THE HANDLING FEE; SUBMITTING THE INCREASE IN THE BASE OF THOSE PERSONS SUBJECT TO PAYMENT OF THE HANDLING FEE TO THE ELECTORATE; AMENDING SECTION 40-5-210, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 40-5-210, MCA, is amended to read:
"40-5-210. Standardized fee schedule -- rules. (1) The department may charge an application fee to each person applying for services under 40-5-203, except that the fee may not be charged to persons who receive continuing services under 40-5-203(3). The application fee may be:
(a) a flat dollar amount; or
(b) an amount based on a sliding fee schedule that is based on the applicant's income level.
(2) If paternity is established or presumed under 40-5-234 for the alleged father, the fees for paternity blood testing may be recovered from the parent, whether the alleged father or the mother, denying paternity of the alleged father. The total amount of the paternity blood testing fee may not exceed the actual costs of the paternity blood tests. A bill for a paternity blood test is admissible in evidence without third-party foundation testimony.
(3) The department may charge a handling fee for each payment of support collected on behalf of any obligee who is not a recipient of public assistance. The department may withhold the fee from the support payment before distribution to the obligee. The department may, using any remedy available to it for adjudication and collection of child support arrearages, seek reimbursement from the obligor for a handling fee paid by the obligee. The obligee may be reimbursed the handling fee only as collection from the obligor allows and in accordance with federal law concerning distribution of support.
(4) The department may charge an obligor a late payment fee for each late payment of support collected on behalf of any obligee.
(5) The department may establish a fee schedule in order to recover costs and expenses in excess of the application, handling, and late fees. The fees must be commensurate with costs or an average of the expenditures related to specific or routine activities.
(a) The department shall develop procedures for determining whether it is appropriate for either the obligor or the obligee to be responsible for payment of the fee. In developing the procedures, the department shall consider federal regulations promulgated under Title IV-D of the Social Security Act.
(b) In an action to establish paternity or to establish or enforce a child support obligation, whether in district court or by administrative process, the department must be awarded costs in the amount established in the fee schedule as part of any judgment, decree, or order whenever the department:
(i) is a prevailing party in the action; or
(ii) is not a party but incurs expenses and costs related to the action.
(6) The department may collect the fees awarded under this section by one of the following means:
(a) if the fee is owed by an obligor, the fee may be:
(i) collected through any remedy available to the department for the collection of child support arrearages; or
(ii) deducted from any payments made by the obligor before the payment is distributed to the obligee. Credit for the payment must be reduced by the amount of the deduction for the fee. The deduction for fees may not reduce any current support due to the obligee. The deduction for a late payment fee may not reduce any current or past-due support due to the obligee.
(b) if the fee is owed by the obligee, the fee may be collected separately through any remedy available to the department for the collection of child support or the department may withhold the fee amount out of any payment collected on behalf of the obligee. The obligor must receive full credit for the payment as if the withholding of fees did not occur.
(7) The department, upon a showing of necessity, may waive or defer any fee assessed under this section.
(8) The department may adopt rules necessary to implement fee schedules under this section.
(9) The fees and costs charged and collected under this section must be paid monthly into the state treasury to the credit of the child support enforcement division special revenue fund and must be accompanied by a detailed statement of the amounts collected."
NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:
SHALL THE HANDLING FEE FOR EACH PAYMENT OF CHILD SUPPORT COLLECTED ON BEHALF OF A CHILD SUPPORT RECIPIENT WHO IS NOT A RECIPIENT OF PUBLIC ASSISTANCE BE INCREASED ANNUALLY IN THE FOLLOWING MANNER?
[] FOR providing that a person paying child support may be required to reimburse the recipient for a handling fee paid by the recipient.
[] AGAINST providing that a person paying child support may be required to reimburse the recipient for a handling fee paid by the recipient.
NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.
NEW SECTION. Section 4. Effective dates. If approved by the electorate, section 1 is effective on the date of approval by the electorate.
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Latest Version of LC 782 (LC0782.01)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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