2019 -- S 0491

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- FULL ENFORCEMENT OF SUPPORT

OBLIGATIONS

     Introduced By: Senators Quezada, and Crowley

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 15-11.1-2, 15-11.1-3, 15-11.1-4, 15-11.1-6 and 15-11.1-7 of the

General Laws in Chapter 15-11.1 entitled "Full Enforcement of Support Obligations" are hereby

amended to read as follows:

     15-11.1-2. Definitions.

     For the purposes of this chapter:

     (1) "Administrator" means the tax administrator for the department of administration,

division of taxation or his or her designee.

     (2) "Board" means any bureau, board, or commission or other licensor that is affiliated

with or is a part of the department of business regulation, and any other state agency,

municipality, or licensor that issues a license authorizing a person to engage in a recreational

activity, in a business, occupation, profession, industry, or authorizes a person to operate a motor

vehicle.

     (3) "Compliance with a court order of support" means that the support obligor has

accrued no more than ninety (90) sixty (60) days worth of current support no more than ninety

(90) sixty (60) days worth of periodic payments due pursuant to a written agreement with the

department or as set forth in a court order and/or has obtained or maintained health insurance

coverage if required by a court order of support.

     (4) "CSE system" means the Rhode Island family court/department of administration,

division of taxation, child support enforcement system, which system maintains the official

record of support orders and arrearages of all support orders entered upon it in accordance with

applicable administrative orders issued by the Rhode Island family court.

     (5) "Court order of support" means any judgment or order for the support of dependent

children now or subsequently recorded and maintained on the child support enforcement (CSE)

system which has been issued by any court of the state or another state, including an order in a

final decree of divorce or any judgment or order issued in accordance with an administrative

procedure established by state law that affords substantial due process and is subject to judicial

review.

     (6) "Department" means the department of administration, division of taxation.

     (7) "Hardship exception to driver's license suspension" means a conditional suspension of

a driver's license by order of a family court judge, after a hearing, that the court finds a limited

suspension is justified and in the best interest of the child. A conditional suspension with a

hardship exception allows a licensee up to twelve (12) hours of driving privileges per day for the

exclusive purpose of driving to and from employment, job training, schooling or medical

appointments for the licensee or the minor child. Any conditional driving privileges with a

hardship exception shall be specifically detailed by order of the family court, after proof of

student/employment status and hours of employment/schooling by sworn testimony or affidavit.

     (7)(8) "License" means any of the following: a license to operate a motor vehicle, a motor

vehicle registration, a license, certification, registration, permit, approval, or other similar

document evidencing admission to or granting authority to engage in a profession, occupation,

business, industry, or recreational activity.

     (8)(9) "Licensee" means any individual holding any of the following: a license to operate

a motor vehicle, motor vehicle registration, a license, certification, registration, permit, approval,

or other similar document evidencing admission to or granting authority to engage in a

profession, occupation, business, industry, or recreational activity.

     (9)(10) "Obligor" means any person required to make payments under the terms of a

court order of support.

     [See § 12-1-15 of the General Laws.]

     15-11.1-3. Notice.

     (a) The department may shall serve notice upon a support obligor who is not in

compliance with a court order of support that informs the obligor of the department's intention to

submit the obligor's name to any appropriate board, state agency, or department as a licensee who

is not in compliance with a court order of support.

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     (b) The notice shall include the address and telephone number of the department's support

enforcement office that issues the notice and a statement of the need to obtain a release from that

office as provided in § 15-11.1-7. The department shall attach a copy or facsimile of the obligor's

court order of support to the notice. Service of the notice must be made by first class mail. The

notice must inform the obligor that:

     (1) The obligor may request a family court hearing to contest the issue of compliance or

to request a hardship exception to a driver's license suspension;

     (2) A request for a hearing must be made in writing and must be received by the

department within thirty (30) fifteen (15) days of the date of the notice;

     (3) If the obligor requests a hearing within thirty (30) fifteen (15) days of the date of the

notice, the department shall stay action to certify the obligor to any board for noncompliance with

a court order of support pending a decision after a hearing;

     (4) If the obligor does not request a hearing within thirty (30) fifteen (15) days of the date

of the notice and is not in compliance with a court order of support, the department shall certify

the obligor to the appropriate board, state agency, or department for noncompliance with a court

order of support;

     (5) If the department certifies the obligor to a board for noncompliance with a court order

of support, the board, state agency, or department shall suspend the obligor's license and refuse to

issue or reissue a license subject to any hardship exceptions ordered by the family court until the

obligor provides the board with a release from the department that states the obligor is in

compliance with the obligor's support order. A suspension by an agency or a refusal by an agency

to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a

final determination;

     (6) If the obligor files a motion to modify support with the family court and duly serves

the department with notice of the motion to modify, the department shall stay action to certify the

obligor to any board for noncompliance with a court order of support; and

     (7) The obligor may restore compliance with a court order of support by:

     (i) Paying current support in full; and

     (ii) Paying all past due support or, if unable to pay all past due support and a periodic

payment for past due support has not been ordered by the court, by making a lump sum payment

of at least fifty percent (50%) of the total amount of past due support and by agreeing to make

future periodic payments in accordance with a written payment agreement with the department

which agreement shall then be filed with the family court; and/or

     (iii) Meeting the obligor's health insurance obligation.

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     [See § 12-1-15 of the General Laws.]

     15-11.1-4. Family court compliance hearing.

     (a) An obligor may request a hearing before a magistrate of the family court upon receipt

of service of the notice described in § 15-11.1-3. The request for a hearing must be made in

writing and must be received by the department within thirty (30) fifteen (15) days of the date of

the notice. The department shall promptly file the obligor's written request for a hearing with the

clerk of the family court or his or her designee; the clerk shall then assign the matter for a hearing

before a magistrate of the family court.

     (b) The department shall notify the obligor in writing of the date, time, and place of the

hearing assigned by the clerk. Service of the hearing notice must be made by first class mail.

     (c) The issues that may be determined at the hearing are limited to:

     (1) Whether whether the obligor is required to pay child support under a court or

administrative order and whether the obligor is in compliance with a court order of support; and

     (2) Whether conditions exist which would justify the family court in granting a hardship

exception to a driver's license suspension pursuant to § 15-11.1-2.

     (d) Nothing in this section shall prohibit the obligor from filing other appropriate motions

for relief, including but not limited to a motion to modify a support order, with the family court.

     [See § 12-1-15 of the General Laws.]

     15-11.1-6. Certification of noncompliance.

     (a) The department may certify in writing to any appropriate board that a support obligor

is not in compliance with a court order of support if:

     (1) The obligor does not timely request a hearing upon service of a notice issued under §

15-11.1-3 and is not in compliance with a court order of support thirty-one (31) sixteen (16) days

after service of the notice or mailing of the notice;

     (2) The family court issues a decision or order after a hearing that finds the obligor is not

in compliance with a court order of support, and the obligor has not appealed the decision within

any applicable appeal period provided by law for appeals of a decision or order of a magistrate of

the family court; or

     (3) After a decision or order of the family court has been appealed, a decision or order of

the Rhode Island supreme court which determines or affirms that the obligor is not in compliance

with a court order of support.

     (b) The department's certification shall include a copy of the decision or order of the

court including the granting of any hardship exception to a driver's license suspension, where

applicable. The department shall send by first class mail a copy of any certification of

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noncompliance filed with a board to the obligor at the obligor's most recent address of record.

     [See § 12-1-15 of the General Laws.]

     15-11.1-7. Suspension by board -- Notice from board.

     (a) Upon receipt of the certification of noncompliance from the department issued in

accordance with § 15-11.1-6, a board shall suspend the obligor's license and refuse to issue or

reissue a license until the obligor provides the board with a release from the department that states

the obligor is in compliance with the obligor's support order. Should the certification of

noncompliance provide for a hardship exception to a driver's license suspension pursuant to this

chapter, the board's suspension shall comply with the order of the family court as to a limited

suspension for employment or educational purposes. When an obligor who is served notice under

§ 15-11.1-3 subsequently complies with the court order of support, the department shall within

five (5) business days after compliance provide the obligor with written confirmation and a

release that the obligor is in compliance with the order. A suspension by a board or a refusal by a

board to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed

a final determination for the purposes of chapter 35 of title 42.

     (b) A board shall notify an obligor certified by the department under § 15-11.1-6, without

undue delay, that the obligor's application for the issuance or renewal of a license may not be

granted or that the obligor's license has been suspended because the obligor's name has been

certified by the department as a support obligor who is not in compliance with a court order of

support. The board shall notify an obligor whether any specific conditional privileges have been

allowed by the family court pursuant to a hardship exception to a driver's license suspension

pursuant to this chapter.

     (c) Within five (5) business days of receiving written confirmation that the obligor is in

compliance with the court order of support, the board shall reinstate, reissue, renew or otherwise

extend the obligor's license or certificate of authority.

     [See § 12-1-15 of the General Laws.]

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- FULL ENFORCEMENT OF SUPPORT

OBLIGATIONS

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     This act would reduce the number of days of child support arrearage from ninety (90)

days to sixty (60) days for an obligor to be deemed not in compliance with a court order of child

support and be subject to license suspension.

     This act would also allow the family court to grant a conditional driver's license

suspension to allow an obligor to drive to and from employment. This act would also shorten

certain notice requirements and would require a lump sum payment of fifty percent (50%) of past

due child support and a payment plan in order to restore compliance with a court order of support.

     This act would take effect upon passage.

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