0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 1162 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO CHILD SUPPORT; AMENDING AND ENACTING SECTIONS OF | 0013| THE NMSA 1978; DECLARING AN EMERGENCY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. [NEW MATERIAL] STATE CASE REGISTRY.-- | 0017| A. The human services department, acting as the | 0018| state's child support enforcement agency pursuant to Title IV-D | 0019| of the Social Security Act, shall establish a state case | 0020| registry by October 1, 1998 that contains records with respect | 0021| to: | 0022| (1) each case in which services are being | 0023| provided on or after October 1, 1998 by the state Title IV-D | 0024| agency; and | 0025| (2) each support order established or modified | 0001| in the state on or after October 1, 1998, whether or not the | 0002| order was obtained by the Title IV-D agency. | 0003| B. The records maintained by the state case | 0004| registry shall use standardized data elements for parents such | 0005| as names, social security numbers and other uniform | 0006| identification numbers like dates of birth and case | 0007| identification numbers, and contain such other information such | 0008| as on case status as the secretary of the United States | 0009| department of health and human services may require. | 0010| C. The Title IV-D agency and the administrative | 0011| office of the courts shall work cooperatively to ensure that | 0012| the requirements of this act are implemented in an effective, | 0013| efficient and timely manner. The human services department | 0014| shall reimburse the administrative office of the courts for all | 0015| costs incurred in furnishing the information. A cooperative | 0016| agreement between the Title IV-D agency and the administrative | 0017| office of the courts shall include costs to be charged by the | 0018| administrative office of the courts for all work performed to | 0019| conform to these requirements. The human services department | 0020| shall promptly provide the administrative office of the courts | 0021| the data elements and formats required under Subsection B of | 0022| this section as soon as they become available to the | 0023| department. | 0024| D. The state case registry shall extract | 0025| information from its automated system to share and compare | 0001| information with and to receive information from, other | 0002| databases and information comparison services in order to | 0003| obtain or provide information necessary to enable the Title IV-D | 0004| agency or the United States health and human services department | 0005| secretary or other state or federal agencies to carry out the | 0006| Title IV-D program, subject to Section 6103 of the Internal | 0007| Revenue Code of 1986. Such information comparison activities | 0008| shall include the following: | 0009| (1) furnishing to the federal case registry of | 0010| child support orders established (and update as necessary with | 0011| information including notice of expiration of orders) the minimum | 0012| amount of information on child support cases recorded in the state | 0013| case registry that is necessary to operate the registry, as | 0014| specified by the United States health and human services | 0015| department secretary in regulations; | 0016| (2) exchanging information with the federal | 0017| parent locator service for the purposes specified in the State | 0018| Directory of New Hires Act; | 0019| (3) exchanging information with state agencies | 0020| of the state and of other states administering programs of | 0021| temporary assistance for needy families and medicaid, and other | 0022| programs designated by the United States health and human services | 0023| secretary, as necessary to perform state agency responsibilities | 0024| under this part and under such programs; and | 0025| (4) exchanging information with other agencies | 0001| of the state, agencies of other states and interstate information | 0002| networks, as necessary and appropriate to carry out or assist | 0003| other states to carry out purposes of the Title IV-D program. | 0004| Section 2. [NEW MATERIAL] SHORT TITLE.--Sections 2 through | 0005| 5 of this act may be cited as the "State Directory of New Hires | 0006| Act". | 0007| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0008| State Directory of New Hires Act: | 0009| A. "employee" means a person who is an employee within | 0010| the meaning of Chapter 24 of the Internal Revenue Code of 1986. | 0011| It does not include an employee of a federal or state agency | 0012| performing intelligence or counterintelligence functions, if the | 0013| head of such agency has determined that reporting pursuant to | 0014| Section 4 of this act with respect to the employee could endanger | 0015| the safety of the employee or compromise an ongoing investigation | 0016| or intelligence mission; | 0017| B. "employer" means the same as the term in Section | 0018| 3401(d) of the Internal Revenue Code of 1986 and includes any | 0019| governmental entity and any labor organization; and | 0020| C. "labor organization" means the same as the term in | 0021| Section 2(5) of the National Labor Relations Act and includes any | 0022| entity which is used by the organization and an employer to carry | 0023| out requirements described in Section 8(f)(3) of such act of an | 0024| agreement between the organization and the employer. | 0025| Section 4. [NEW MATERIAL] STATE DIRECTORY OF NEW HIRES.-- | 0001| A. The human services department, acting as the | 0002| state's child support enforcement agency pursuant to Title IV-D of | 0003| the Social Security Act, shall, not later than October 1, 1997, | 0004| establish an automated directory to be known as the state | 0005| directory of new hires, which shall contain information supplied | 0006| by employers on each newly hired or rehired employee. | 0007| B. The state directory of new hires shall use the | 0008| information received to locate individuals for purposes of | 0009| establishing paternity and establishing, modifying and enforcing | 0010| child support obligations and may disclose such information to any | 0011| agent of the state Title IV-D agency that is under contract with | 0012| the agency to carry out such purposes. | 0013| C. All employers and labor organizations doing | 0014| business in the state shall furnish to the state directory of new | 0015| hires a report that contains the name, address and the social | 0016| security number of each newly hired or rehired employee and the | 0017| name and address of and identifying number assigned under Section | 0018| 6109 of the Internal Revenue Code of 1986 to the employer. | 0019| D. An employer in the state who also employs persons | 0020| in another state and who transmits reports magnetically or | 0021| electronically must designate one state in which the employer has | 0022| employees to which the employer will transmit the report. Any | 0023| employer who transmits reports pursuant to this paragraph shall | 0024| notify the state directory of new hires in writing as to which | 0025| state such employer designates for the purpose of sending reports. | 0001| E. Any department, agency or instrumentality of the | 0002| United States government shall comply with the provisions of this | 0003| section by transmitting the report described in Subsection C of | 0004| this section to the national directory of new hires. | 0005| F. Each employer and labor organization as defined | 0006| above shall report to the state directory of new hires not later | 0007| than twenty days after the date the employer hires the employee; | 0008| or in the case of an employer transmitting reports magnetically or | 0009| electronically, by two monthly transmissions if necessary not less | 0010| than twelve days nor more than sixteen days apart. | 0011| G. Each report shall be made on a W-4 form or, at the | 0012| option of the employer, an equivalent form and may be transmitted | 0013| by first class mail, magnetically or electronically. | 0014| H. The labor department shall furnish to the state | 0015| directory of new hires wage and claim information as defined in | 0016| Section 303(h)(3) of the Social Security Act. | 0017| I. The department shall reimburse the labor department | 0018| for all costs incurred in furnishing the information. The state | 0019| directory of new hires shall make available to state public | 0020| assistance agencies responsible for administering a program | 0021| specified in Section 1137(b) of the Social Security Act | 0022| information reported by employers for purposes of verifying | 0023| eligibility for the program or investigating fraud. | 0024| J. The state directory of new hires shall make | 0025| available to the state agencies operating employment security and | 0001| workers' compensation programs access to information reported by | 0002| employers for the purposes of administering such programs or | 0003| investigating fraud. | 0004| Section 5. [NEW MATERIAL] PENALTIES.--The state Title IV-D | 0005| agency shall impose a civil money penalty of twenty dollars | 0006| ($20.00) on employers for each instance of failure to comply with | 0007| the provisions of this section, unless the failure is the result | 0008| of a conspiracy between the employer and the employee to not | 0009| supply the required report or to supply a false or incomplete | 0010| report, in which case the penalty shall be five hundred dollars | 0011| ($500) on the employer for each instance. The human services | 0012| department shall establish an appeals process for employers | 0013| penalized under this section. | 0014| Section 6. Section 40-4A-2 NMSA 1978 (being Laws 1985, | 0015| Chapter 105, Section 2, as amended) is amended to read: | 0016| "40-4A-2. DEFINITIONS.--As used in the Support Enforcement | 0017| Act: | 0018| A. "authorized quasi-judicial officer" means a person | 0019| appointed by the court pursuant to rule 53(a) of the Rules of | 0020| Civil Procedure for the District Courts; | 0021| B. "consumer reporting agency" means any person who, | 0022| for monetary fees, dues or on a cooperative nonprofit basis, | 0023| regularly engages in whole or in part in the practice of | 0024| assembling or evaluating consumer credit information or other | 0025| information on consumers for the purpose of furnishing consumer | 0001| reports to third parties and who uses any means or facility of | 0002| interstate commerce for the purpose of preparing or furnishing | 0003| consumer reports; | 0004| C. "delinquency" means any payment under an order for | 0005| support which has become due and is unpaid; | 0006| D. "department" means the human services department; | 0007| E. "income" means any form of periodic payment to an | 0008| obligor, regardless of source, including but not limited to wages, | 0009| salary, commission, compensation as an independent contractor, | 0010| workers' compensation benefits, disability benefits, annuity and | 0011| retirement benefits or other benefits, bonuses, interest or any | 0012| other payments made by any person, but does not include: | 0013| (1) any amounts required by law to be withheld, | 0014| other than creditor claims, including but not limited to federal, | 0015| state and local taxes, social security and other retirement and | 0016| disability contributions; | 0017| (2) union dues; | 0018| (3) any amounts exempted by federal law; or | 0019| (4) public assistance payments; | 0020| F. "notice of delinquency" means the notice of | 0021| delinquency as provided for in Section 40-4A-4 NMSA 1978; | 0022| G. "notice to withhold income" means a notice that | 0023| requires the payor to withhold from the obligor money necessary to | 0024| meet the obligor's duty under an order for support and, in the | 0025| event of a delinquency, requires the payor to withhold an | 0001| additional amount to be applied towards the reduction of the | 0002| delinquency; | 0003| H. "obligor" means the person who owes a duty to make | 0004| payments under an order for support; | 0005| I. "obligee" means any person who is entitled to | 0006| receive support under an order for support or that person's legal | 0007| representative; | 0008| J. "order for support" means any order which has been | 0009| issued by any judicial, quasi-judicial or administrative entity of | 0010| competent jurisdiction of any state and which order provides for: | 0011| (1) periodic payment of funds for the support of | 0012| a child or a spouse; | 0013| (2) modification or resumption of payment of | 0014| support; | 0015| (3) payment of delinquency; or | 0016| (4) reimbursement of support; | 0017| K. "payor" means any person or entity who provides | 0018| income to an obligor; | 0019| L. "person" means an individual, corporation, | 0020| partnership, governmental agency, public office or other entity; | 0021| and | 0022| M. "public office" means the [elected official or | 0023| state or local agency which is responsible by law for enforcement | 0024| or collection of payment under an order for support, including but | 0025| not limited to district attorneys, the department and the clerk of | 0001| the district court] state disbursement unit of the department as | 0002| defined in Section 454B of the Social Security Act." | 0003| Section 7. Section 40-4A-4 NMSA 1978 (being Laws 1985, | 0004| Chapter 105, Section 4) is amended to read: | 0005| "40-4A-4. NOTICE OF DELINQUENCY.-- | 0006| A. When an obligor accrues a delinquency [in an amount | 0007| equal to at least one month's support obligation], the obligee or | 0008| public office may prepare and serve upon the obligor a copy of a | 0009| verified notice of delinquency. [together with a form petition to | 0010| stay service of the notice to withhold income as provided for in | 0011| Section 7 of the Support Enforcement Act] The income of a person | 0012| with a support obligation imposed by a support order issued or | 0013| modified in the state before January 1, 1994, if not otherwise | 0014| subject to immediate withholding under Section 40-4A-4.1 NMSA | 0015| 1978, shall become subject to immediate withholding as provided in | 0016| Section 40-4A-4.1 NMSA 1978 if arrearages occur, without the need | 0017| for a judicial or administrative hearing. | 0018| B. If the date upon which payment is due under an | 0019| order for support is not stated in the order for support, the due | 0020| date shall be deemed to be the last day of the month. | 0021| C. The notice of delinquency shall: | 0022| (1) recite those terms of the order for support | 0023| which enumerate the support obligation; | 0024| (2) contain a current computation of the period | 0025| and total amount of the delinquency; | 0001| (3) inform the obligor of the amount to be | 0002| withheld; | 0003| (4) inform the obligor of the procedures | 0004| available to [avoid] contest the income withholding on the grounds | 0005| that the withholding or the amount withheld is improper due to a | 0006| mistake of fact; | 0007| (5) state that, unless the obligor complies with | 0008| the procedures to [avoid] contest the income withholding, a notice | 0009| to withhold income shall be served upon the payor; | 0010| (6) state that the notice to withhold income | 0011| shall be applicable to any current or subsequent payor; and | 0012| (7) state the name and address of the public | 0013| office to which withheld income shall be sent. | 0014| D. The original notice of delinquency shall be filed | 0015| with the clerk of the district court. | 0016| E. Service of the notice of delinquency upon the | 0017| obligor shall be effected by sending [said] the notice by prepaid | 0018| certified mail addressed to the obligor at his [or her] last known | 0019| address or by any method provided by law for service of a summons. | 0020| Proof of service shall be filed with the clerk of the district | 0021| court." | 0022| Section 8. Section 40-4A-4.1 NMSA 1978 (being Laws 1990, | 0023| Chapter 30, Section 1, as amended) is amended to read: | 0024| "40-4A-4.1. IMMEDIATE CHILD SUPPORT INCOME WITHHOLDING.-- | 0025| A. In any judicial proceeding in which child support | 0001| is ordered, modified or enforced and which proceeding is brought | 0002| or enforced pursuant to Title IV-D of the Social Security Act [(42 | 0003| U.S.C. 651 et seq.)] as provided in Section 27-2-27 NMSA 1978, the | 0004| income of the support obligor shall be subject to immediate income | 0005| withholding regardless of the existence of any child support | 0006| arrearage or delinquency. Effective January 1, 1994, in | 0007| proceedings in which child support services are not being provided | 0008| pursuant to Title IV-D and the initial child support order is | 0009| issued in the state on or after January 1, 1994, the income of the | 0010| support obligor shall be subject to immediate income withholding | 0011| regardless of the existence of any child support arrearage or | 0012| delinquency. | 0013| B. As part of the court or administrative order | 0014| establishing, modifying or enforcing the child support obligation, | 0015| the court shall issue the order to withhold. | 0016| C. The order to withhold shall state: | 0017| (1) the style, docket number and court having | 0018| jurisdiction of the cause; | 0019| (2) the name, address and, if available, the | 0020| social security number of the obligor; | 0021| (3) the amount and duration of the child support | 0022| payments [and]. If any of the ordered amount is toward | 0023| satisfaction of an arrearage or delinquency up to the date of the | 0024| order, the amount payable to current and past-due support shall be | 0025| specified, together with the total amount of the delinquency or | 0001| arrearage, including judgment interest, if any; | 0002| (4) the name and date of birth of the child for | 0003| whom support is ordered and the name of the obligee; | 0004| (5) the name and address of the person or agency | 0005| to whom the payment is to be made, together with the agency's | 0006| internal case number; and | 0007| (6) any other information deemed necessary to | 0008| effectuate the order. | 0009| D. All Title IV-D payments shall be made through the | 0010| [appropriate public office as defined in the Support Enforcement | 0011| Act, with the exception of payments provided pursuant to Title IV- | 0012| D of the Social Security Act, which shall be made directly to the | 0013| department] public office. All non-Title IV-D payments shall be | 0014| made through the public office to be effective on October 1, 1998. | 0015| E. The maximum amount withheld pursuant to this | 0016| section and any other garnishment shall not exceed fifty percent | 0017| of the obligor's income. | 0018| F. The order of a withholding shall be mailed by the | 0019| Title IV-D agency or the support obligee, obligee's attorney or | 0020| court by certified mail to the payor. The payor shall pay over | 0021| income as provided by and in compliance with the procedures of | 0022| Section 40-4A-8 NMSA 1978. | 0023| G. The court may provide an exception to the immediate | 0024| income withholding required by this section if it finds good cause | 0025| for not ordering immediate withholding. The burden shall be on | 0001| the party claiming good cause to raise the issue and demonstrate | 0002| the existence of good cause to the court. In the event of a | 0003| finding of good cause, the court shall make a written finding in | 0004| the order specifying the reasons or circumstances justifying the | 0005| good-cause exception and why income withholding would not be in | 0006| the best interest of the child. If the order is one modifying a | 0007| support obligation and immediate income withholding is not | 0008| ordered, the order [must] shall include a finding that the obligor | 0009| has timely paid support in the past. The order shall provide that | 0010| the obligor shall be subject to withholding if a one-month support | 0011| delinquency accrues. | 0012| H. The court shall make an exception to the immediate | 0013| income withholding required by this section if the parties to the | 0014| proceeding enter into a written agreement providing for | 0015| alternative means of satisfying the child support obligation. | 0016| Such an agreement shall be incorporated into the order of the | 0017| court. For the purposes of this subsection, the support obligee | 0018| shall be considered to be the department in the case of child | 0019| support obligations that the state is enforcing pursuant to an | 0020| assignment of support rights to it as a condition of the | 0021| assignor's receipt of public assistance. The agreement shall | 0022| contain the signatures of a representative of the department and | 0023| the custodial parent. | 0024| I. Notwithstanding the provisions of Subsection G of | 0025| this section, immediate income withholding shall take place if the | 0001| child support obligor so requests. The notice to withhold shall | 0002| be filed with the clerk of the district court and the requirements | 0003| of Subsection C of this section, Subsections D, E and F of Section | 0004| 40-4A-5 and Sections 40-4A-6, 40-4A-8, 40-4A-10 and 40-4A-11 NMSA | 0005| 1978 shall apply. | 0006| J. A court shall order a wage withholding effective on | 0007| the date on which a custodial parent requests such withholding to | 0008| begin if the court determines, in accordance with such procedures | 0009| and standards as it may establish, that the request should be | 0010| approved, notwithstanding: | 0011| (1) the absence of a support delinquency of at | 0012| least one month; | 0013| (2) a finding of good cause under Subsection G | 0014| of this section; or | 0015| (3) an agreement under Subsection H of this | 0016| section. | 0017| K. The standards and procedures established for | 0018| purposes of Subsection J of this section shall provide for the | 0019| protection of the due process rights of the [absent parent] | 0020| support obligor, appropriate notices and the right to a hearing | 0021| under the Support Enforcement Act. | 0022| L. Wages not subject to withholding under Subsection J | 0023| of this section shall still be subject to withholding on an | 0024| earlier date as provided by law. | 0025| M. Notwithstanding any other provision of this | 0001| section, wages not subject to withholding because of a finding of | 0002| good cause under Subsection G of this section shall not be subject | 0003| to withholding at the request of a custodial parent unless the | 0004| court changes its determination of good cause not to initiate | 0005| immediate wage withholding. | 0006| N. In the event a child support obligor accrues a | 0007| delinquency in an amount equal to at least one month's support | 0008| obligation and notwithstanding any previous agreement or court | 0009| finding to the contrary, income withholding shall issue against | 0010| the support obligor and the procedures set out in Section 40-4A-4 | 0011| NMSA 1978 shall be followed. Such withholding shall terminate | 0012| only upon the termination of all obligations imposed by the order | 0013| of support and payment in full of all enforceable child support | 0014| delinquencies." | 0015| Section 9. Section 40-4A-5 NMSA 1978 (being Laws 1985, | 0016| Chapter 105, Section 5, as amended) is amended to read: | 0017| "40-4A-5. NOTICE TO WITHHOLD INCOME.-- | 0018| [A. At least twenty days following service of the | 0019| notice of delinquency, the obligee or public office shall | 0020| determine if the procedure to avoid income withholding pursuant to | 0021| Section 40-4A-7 NMSA 1978 has been instituted. | 0022| B. If the procedure to avoid income withholding has | 0023| not been instituted] | 0024| A. The obligee or public office shall file an | 0025| affidavit with the clerk of the district court showing that [(1)] | 0001| notice of delinquency has been duly served upon the obligor. [and | 0002| (2) the procedure to avoid income withholding | 0003| pursuant to Section 40-4A-7 NMSA 1978 has occurred | 0004| C.] B. Upon filing of the affidavit required by | 0005| Subsection [B] A of this section, the notice to withhold income | 0006| shall be filed with the clerk of the district court and served | 0007| upon the payor by certified mail or personal delivery, and proof | 0008| of service shall be filed with the clerk of the district court. | 0009| [D.] C. A conformed copy of the notice to withhold | 0010| income shall be mailed to the obligor at his last known address. | 0011| [E.] D. The notice to withhold income shall be | 0012| verified by the obligee or public office and shall: | 0013| (1) state the amount of income to be withheld | 0014| from the obligor; provided, however, the amount to be applied to | 0015| satisfy the monthly obligation under the order for support, the | 0016| amount of the delinquency which is set forth in the notice of | 0017| delinquency and the amount to be applied to reduce the delinquency | 0018| set forth in the notice of delinquency shall be stated separately; | 0019| (2) state that payments due from multiple | 0020| obligors may be combined into one remittance so long as each | 0021| withholding is separately identified; | 0022| (3) state that the maximum amount of an | 0023| obligor's income subject to withholding pursuant to the Support | 0024| Enforcement Act and pursuant to any garnishment shall not exceed | 0025| fifty percent; | 0001| (4) state the duties of the payor as set forth | 0002| in Section 40-4A-8 NMSA 1978; and | 0003| (5) require that all payments be made through | 0004| [a] the public office to ensure accurate recordkeeping. | 0005| [F.] E. The termination of the obligations imposed by | 0006| the order of support and payment in full of any delinquency shall | 0007| revoke the notice to withhold income." | 0008| Section 10. Section 40-4A-7 NMSA 1978 (being Laws 1985, | 0009| Chapter 105, Section 7, as amended) is amended to read: | 0010| "40-4A-7. PROCEDURE TO AVOID INCOME WITHHOLDING.--Except as | 0011| provided in Section 40-4A-4.1 NMSA 1978, the obligor may [prevent | 0012| a] contest the notice to withhold income [from being served] by | 0013| filing a petition [to stay service] with the clerk of the district | 0014| court within twenty days after service of the notice of | 0015| delinquency. Grounds for the [petition to stay service] contest | 0016| shall be limited to a dispute concerning the existence or amount | 0017| of the delinquency or noncompliance with the Support Enforcement | 0018| Act. The clerk of the district court shall notify the obligor and | 0019| the obligee or public office, as appropriate, of the time and | 0020| place of the hearing on the petition [to stay service]. The court | 0021| shall hold the hearing pursuant to the provisions of Section 40- | 0022| 4A-9 NMSA 1978." | 0023| Section 11. Section 40-4A-8 NMSA 1978 (being Laws 1985, | 0024| Chapter 105, Section 8, as amended) is amended to read: | 0025| "40-4A-8. DUTIES OF PAYOR.-- | 0001| A. Any payor who has been served with a notice to | 0002| withhold income shall deduct and pay over income as provided in | 0003| this section. The payor shall deduct the amount designated in the | 0004| notice to withhold income no later than the next payment of income | 0005| that is payable to the obligor [after expiration of fourteen days] | 0006| following service of the notice to withhold income and shall [pay] | 0007| forward the amount withheld [to the designated public office on | 0008| the date payment otherwise would have been made to the obligor] to | 0009| the public office or in the case of non-Title IV-D support | 0010| payments, pursuant to the court order until October 1, 1998, | 0011| within seven business days of the employee's normal pay date. For | 0012| each withholding of income, the payor shall be entitled to and may | 0013| deduct a one dollar ($1.00) fee to be taken from the income to be | 0014| paid to the obligor. | 0015| B. Whenever the obligor is no longer receiving income | 0016| from the payor, the payor shall notify the [designated] public | 0017| office, and the payor shall inform the obligee and public office | 0018| of the last known address of the obligor and any subsequent payor, | 0019| if known. | 0020| C. Withholding of income under the Support Enforcement | 0021| Act shall have priority over any other legal process under the | 0022| laws of this state against the same income. Where there is more | 0023| than one order for withholding against a single obligor pursuant | 0024| to the Support Enforcement Act, [the orders shall receive priority | 0025| in payment according to the date of service on the payor, subject | 0001| to any contrary directive established pursuant to Subsection D of | 0002| Section 40-4A-9 NMSA 1978] the payor shall allocate support among | 0003| obligees, but in no case shall the allocation result in a | 0004| withholding for one of the support obligations not being | 0005| implemented. | 0006| D. No payor shall discharge, discipline, refuse to | 0007| hire or otherwise penalize any obligor because of the duty to | 0008| withhold income. | 0009| E. The payor shall terminate or modify withholding | 0010| within fourteen days of receipt of a conformed copy of a notice to | 0011| terminate or modify a withholding. | 0012| F. Any order or notice for income withholding made | 0013| pursuant to Section 40-4A-4.1 or 40-4A-5 NMSA 1978 shall be | 0014| binding against future payors by operation of law upon actual | 0015| knowledge of the contents of the order or notice or upon receipt | 0016| by personal delivery or certified mail of a filed copy of the | 0017| order or notice to the payor." | 0018| Section 12. Section 40-4A-9 NMSA 1978 (being Laws 1985, | 0019| Chapter 105, Section 9, as amended) is amended to read: | 0020| "40-4A-9. PETITIONS [TO STAY SERVICE OR] TO MODIFY, SUSPEND | 0021| OR TERMINATE NOTICE OF WITHHOLDING.-- | 0022| A. When an obligor files a petition [to stay service] | 0023| pursuant to Section 40-4A-7 NMSA 1978, the court, after due notice | 0024| to all parties, shall hear and resolve the matter no later than | 0025| forty-five days following the service of the notice of | 0001| delinquency. Where the court cannot promptly resolve the issues | 0002| alleged in the petition, the court may order immediate execution | 0003| of an amended notice to withhold income as to any undisputed | 0004| amounts and may continue the hearing on the disputed issues for | 0005| such reasonable length of time as required under the | 0006| circumstances. Failure to meet the time requirements shall not | 0007| constitute a defense to the notice to withhold income. | 0008| B. At any time, an obligor or obligee or the public | 0009| office may petition the court to: | 0010| (1) modify, suspend or terminate the notice to | 0011| withhold income because of a corresponding modification, | 0012| suspension or termination of the underlying order for support; | 0013| (2) modify the amount of income to be withheld | 0014| to increase the rate of payment of the delinquency; or | 0015| (3) suspend the notice to withhold income | 0016| because of the inability of the public office to deliver income | 0017| withheld to the obligee due to the obligee's failure to provide a | 0018| mailing address or other means of delivery. | 0019| C. Except for orders to withhold issued pursuant to | 0020| Section 40-4A-4.1 NMSA 1978, an obligor may petition the court at | 0021| any time to terminate the withholding of income because payments | 0022| pursuant to the notice to withhold income have been made for at | 0023| least three years and all delinquencies have been paid. The court | 0024| shall suspend the notice to withhold income, absent good cause for | 0025| denying the petition. If the obligor subsequently becomes | 0001| delinquent in payment of the order for support, the obligee or | 0002| public office may serve another notice to withhold income by | 0003| complying with all requirements for notice and service pursuant to | 0004| the Support Enforcement Act. | 0005| [D. Where there is more than one notice to withhold | 0006| income against a single obligor pursuant to the Support | 0007| Enforcement Act, an obligee may seek an order reapportioning the | 0008| distribution of the obligor's withheld income upon notice to all | 0009| interested parties.]" | 0010| Section 13. Section 40-4A-11 NMSA 1978 (being Laws 1985, | 0011| Chapter 105, Section 11) is amended to read: | 0012| "40-4A-11. PENALTIES.--If any person willfully fails to | 0013| withhold or pay over income pursuant to the Support Enforcement | 0014| Act, willfully discharges, disciplines, refuses to hire or | 0015| otherwise penalizes an obligor as prohibited by Subsection [E] D | 0016| of Section [8 of that act] 40-4A-8 NMSA 1978, or otherwise fails | 0017| to comply with any duty imposed by that act, the court, upon due | 0018| notice and hearing: | 0019| A. shall [enter judgment] impose a fine against the | 0020| payor for the total amount that the payor willfully failed to | 0021| withhold or pay over; | 0022| B. shall order reinstatement of or award damages to | 0023| the obligor, or both, where the obligor has been discharged, | 0024| disciplined or otherwise penalized by the payor; or | 0025| C. may take such other action, including action for | 0001| contempt of court, as may be appropriate." | 0002| Section 14. [NEW MATERIAL] LOCATOR INFORMATION FROM | 0003| INTERSTATE NETWORKS.--The state Title IV-D agency is authorized to | 0004| have access to any system used by the state to locate an | 0005| individual for purposes relating to motor vehicle or law | 0006| enforcement. | 0007| Section 15. [NEW MATERIAL] COLLECTION AND USE OF SOCIAL | 0008| SECURITY NUMBERS FOR USE IN CHILD SUPPORT ENFORCEMENT.-- | 0009| A. The state must have and use procedures requiring | 0010| that the social security number of: | 0011| (1) any applicant for a professional license, | 0012| commercial driver's license, occupational license or marriage | 0013| license be recorded on the application; | 0014| (2) any person who is subject to a divorce | 0015| decree, support order or paternity determination or acknowledgment | 0016| be placed in the records relating to the matter; and | 0017| (3) any person who has died be placed in the | 0018| records relating to the death and be recorded on the death | 0019| certificate. | 0020| B. The collection and use of social security numbers | 0021| shall be made available to the state Title IV-D agency for use in | 0022| child support enforcement. | 0023| Section 16. [NEW MATERIAL] EXPEDITED PROCEDURE.--The state | 0024| Title IV-D agency shall have the authority to take the following | 0025| actions relating to establishment of paternity or to | 0001| establishment, modification or enforcement of support orders, | 0002| without the necessity of obtaining an order from any other | 0003| judicial or administrative tribunal, and to recognize and enforce | 0004| the authority of state Title IV-D agencies of other states to take | 0005| the following actions: | 0006| A. to order genetic testing for the purpose of | 0007| paternity establishments; | 0008| B. to subpoena any financial or other information | 0009| needed to establish, modify or enforce a support order and to | 0010| impose penalties for failure to respond to such a subpoena. A | 0011| subpoena issued by the state Title IV-D agency under this section | 0012| shall be served upon the person to be subpoenaed or, at the option | 0013| of the secretary of human services or the secretary's authorized | 0014| representative, by certified mail addressed to the person at his | 0015| last known address. The service of the subpoena shall be at least | 0016| ten days prior to the required production of the information. If | 0017| the subpoena is served by certified mail, proof of service is the | 0018| affidavit of mailing. After service of a subpoena upon a person, | 0019| if the person neglects or refuses to comply with the subpoena, the | 0020| state Title IV-D agency may apply to the district court of the | 0021| county where the subpoena was served or the county where the | 0022| subpoena was responded to for an order compelling compliance. | 0023| Failure of the person to comply with the district court's order | 0024| shall be punishable as contempt; | 0025| C. to require all entities in the state, including | 0001| for-profit, nonprofit and governmental employers to provide | 0002| promptly, in response to a request by the state Title IV-D agency | 0003| of that or any other state administering a program under this | 0004| part, information on the employment compensation, and benefits of | 0005| any person employed by such entity as an employee or contractor | 0006| and to sanction failure to respond to any such request; | 0007| D. to obtain access, subject to safeguards on privacy | 0008| and information security, and subject to the nonliability of | 0009| entities that afford such access, to information contained in the | 0010| following records, including automated access in the case of | 0011| records maintained in automated databases: | 0012| (1) records of other states and local government | 0013| agencies, including: | 0014| (a) vital statistics, including records of | 0015| marriage, birth and divorce; | 0016| (b) state and local tax and revenue | 0017| records, including information on residence address, employer, | 0018| income and assets; | 0019| (c) records concerning real and titled | 0020| personal property; | 0021| (d) records of occupational and | 0022| professional licenses and records concerning the ownership and | 0023| control of corporations, partnerships and other business entities; | 0024| (e) employment security records; | 0025| (f) records of agencies administering | 0001| public assistance programs; | 0002| (g) records of the motor vehicle division | 0003| of the taxation and revenue department; and | 0004| (h) corrections records; and | 0005| (2) certain records held by private entities | 0006| with respect to persons who owe or are owed support, or against or | 0007| with respect to whom a support obligation is sought, consisting | 0008| of: | 0009| (a) the names and addresses of such persons | 0010| and the names and addresses of the employers of such persons, as | 0011| appearing in customer records of public utilities and cable | 0012| television companies, pursuant to an administrative subpoena; and | 0013| (b) information including information on | 0014| assets and liabilities on such individuals held by financial | 0015| institutions; | 0016| E. in cases in which support is subject to an | 0017| assignment in order to comply with a requirement imposed pursuant | 0018| to temporary assistance for needy families or medicaid, or to a | 0019| requirement to pay through the state disbursement unit established | 0020| pursuant to Section 454B of the Social Security Act, upon | 0021| providing notice to obligor and obligee to direct the obligor or | 0022| other payor to change the payee to the appropriate government | 0023| entity; | 0024| F. to order income withholding; | 0025| G. in cases in which there is a support arrearage, to | 0001| secure assets to satisfy the arrearage by: | 0002| (1) intercepting or seizing periodic or lump-sum | 0003| payments from: | 0004| (a) a state or local agency, including | 0005| unemployment compensation, workers' compensation and other | 0006| benefits; and | 0007| (b) judgments, settlements and lotteries; | 0008| (2) attaching and seizing assets of the obligor | 0009| held in financial institutions; | 0010| (3) attaching public and private retirement | 0011| funds; and | 0012| (4) imposing liens and, in appropriate cases, to | 0013| force sale of property and distribution of proceeds; | 0014| H. for the purpose of securing overdue support, to | 0015| increase the amounts for arrearages, subject to such conditions or | 0016| limitations as the state Title IV-D agency may provide; | 0017| I. the expedited procedures required shall include the | 0018| following rules and authority, applicable with respect to all | 0019| proceedings to establish paternity or to establish, modify or | 0020| enforce support orders: | 0021| (1) each party to any paternity or child support | 0022| proceeding is required, subject to privacy safeguards, to file | 0023| with the tribunal and the state case registry upon entry of an | 0024| order, and to update, as appropriate, information on location and | 0025| identity of the party, including social security number, | 0001| residential and mailing addresses, telephone number and driver's | 0002| license number, and name, address and telephone number of | 0003| employer; and | 0004| (2) in any subsequent child support enforcement | 0005| action between the parties, upon sufficient showing that diligent | 0006| effort has been made to ascertain the location of such a party, | 0007| the tribunal may deem state due process requirements for notice | 0008| and service of process to be met with respect to the party, upon | 0009| delivery of written notice to the most recent residential or | 0010| employer address filed with the tribunal; | 0011| J. procedures under which: | 0012| (1) the state agency and administrative or | 0013| judicial tribunal with authority to hear child support and | 0014| paternity cases exerts statewide jurisdiction over the parties; | 0015| and | 0016| (2) in a state in which orders are issued by | 0017| courts or administrative tribunals, a case may be transferred | 0018| between local jurisdictions in the state without need for any | 0019| additional filing by the petitioner, or service of process upon | 0020| the respondent, to retain jurisdiction over the parties; and | 0021| K. the authority of the Title IV-D agency with regard | 0022| to Subsections A through J of this section shall be subject to due | 0023| process safeguards, including, as appropriate, requirements for | 0024| notice, opportunity to contest the action and opportunity for an | 0025| appeal on the record to an independent administrative or judicial | 0001| tribunal. Such due process safeguards shall be developed and | 0002| implemented by the Title IV-D agency in accordance with the | 0003| administrative office of the courts and other affected agencies | 0004| and individuals consistent with current policies and procedures | 0005| for implementation of the human services department's regulations. | 0006| Section 17. Section 40-11-5 NMSA 1978 (being Laws 1986, | 0007| Chapter 47, Section 5, as amended) is amended to read: | 0008| "40-11-5. PRESUMPTION OF PATERNITY.-- | 0009| A. A man is presumed to be the natural father of a | 0010| child if: | 0011| (1) he and the child's natural mother are or | 0012| have been married to each other and the child is born during the | 0013| marriage or within three hundred days after the marriage is | 0014| terminated by death, annulment, declaration of invalidity or | 0015| dissolution of marriage or after a decree of separation is entered | 0016| by a court; | 0017| (2) before the child's birth, he and the child's | 0018| natural mother have attempted to marry each other by a marriage | 0019| solemnized in apparent compliance with law, although the attempted | 0020| marriage is or could be declared invalid, and: | 0021| (a) if the attempted marriage could be | 0022| declared invalid only by a court, the child is born during the | 0023| attempted marriage or within three hundred days after its | 0024| termination by death, annulment, declaration of invalidity or | 0025| divorce; or | 0001| (b) if the attempted marriage is invalid | 0002| without a court order, the child is born within three hundred days | 0003| after the termination of cohabitation; | 0004| (3) after the child's birth, he and the child's | 0005| natural mother have married or attempted to marry each other by a | 0006| marriage solemnized in apparent compliance with law, although the | 0007| attempted marriage is or could be declared invalid, and: | 0008| (a) he has acknowledged his paternity of | 0009| the child in writing filed with the vital statistics bureau of the | 0010| public health division of the department of health; | 0011| (b) with his consent, he is named as the | 0012| child's father on the child's birth certificate; or | 0013| (c) he is obligated to support the child | 0014| under a written voluntary promise or by court order; | 0015| (4) while the child is under the age of | 0016| majority, he openly holds out the child as his natural child and | 0017| has established a personal, financial or custodial relationship | 0018| with the child; or | 0019| (5) he acknowledges his paternity of the child | 0020| pursuant to Section 24-14-13 NMSA 1978 or in writing filed with | 0021| the vital statistics bureau of the public health division of the | 0022| department of health, which shall promptly inform the mother of | 0023| the filing of the acknowledgment, and, within a reasonable time | 0024| after being informed of the filing, she does not dispute the | 0025| acknowledgment. In order to enforce the rights of custody or | 0001| visitation, a man presumed to be the father as a result of filing | 0002| a written acknowledgment shall seek an appropriate judicial order | 0003| in an action filed for that purpose. A signed voluntary | 0004| acknowledgment of paternity is considered a legal finding of | 0005| paternity, subject to the right of any signatory to rescind the | 0006| acknowledgment within the earlier of: | 0007| (a) sixty days from the date of signing; or | 0008| (b) the date of an administrative or | 0009| judicial proceeding relating to the child, including a proceeding | 0010| to establish a support order, to which the signatory is a party. | 0011| After sixty days from the date of signing, the acknowledgment may | 0012| be challenged in court only on the grounds of fraud, duress or | 0013| material mistake of fact, with the burden of proof upon the | 0014| challenger, although legal responsibilities arising from signing | 0015| the acknowledgment may not be suspended during the challenge, | 0016| except upon a showing of good cause. Judicial or administrative | 0017| proceedings are not required to ratify an unchallenged | 0018| acknowledgment. | 0019| B. If two or more men are presumed under this section | 0020| to be the child's father, an acknowledgment by one of them may be | 0021| effective only with the written consent of the other or pursuant | 0022| to Subsection C of this section. | 0023| C. A presumption under this section may be rebutted in | 0024| an appropriate action only by clear and convincing evidence. If | 0025| two or more men are presumed under this section to be the father | 0001| of the same child, paternity shall be established as provided in | 0002| the Uniform Parentage Act. If the presumption has been rebutted | 0003| with respect to one man, paternity of the child by another man may | 0004| be determined in the same action if he has been made a party. | 0005| D. A man is presumed to be the natural father of a | 0006| child if, pursuant to blood or genetic tests properly performed by | 0007| a qualified [individual] person and evaluated by an expert, | 0008| including deoxyribonucleic acid (DNA) probe technique tests under | 0009| the Uniform Parentage Act, the probability of his being the father | 0010| is ninety-nine percent or higher. | 0011| E. The voluntary acknowledgment of paternity must be | 0012| recognized as a basis for seeking a support order without | 0013| requiring any further proceedings to establish paternity. | 0014| F. Full faith and credit must be given to | 0015| determination of paternity made by other states, including | 0016| acknowledgments of paternity." | 0017| Section 18. Section 40-11-12 NMSA 1978 (being Laws 1986, | 0018| Chapter 47, Section 12, as amended) is amended to read: | 0019| "40-11-12. BLOOD AND GENETIC TESTS.-- | 0020| A. The court may, and upon request of a party shall, | 0021| require the child, mother or alleged father to submit to blood or | 0022| genetic tests, including deoxyribonucleic acid (DNA) probe | 0023| technique tests. | 0024| B. The court, upon reasonable request by a party, | 0025| shall order that independent tests be performed by other experts | 0001| qualified as examiners of blood types or qualified as experts in | 0002| the administration of genetic tests, including deoxyribonucleic | 0003| acid (DNA) probe technique tests. | 0004| C. In all cases, the court shall determine the number | 0005| and qualifications of the experts. This accreditation of the | 0006| testing facility must be admissible without the need for | 0007| foundation testimony or other proof of authenticity or accuracy | 0008| unless an objection has been made in writing not later than twenty | 0009| days before a hearing on the testing results. The court shall | 0010| admit into evidence, for purposes of establishing paternity, the | 0011| results of any genetic test that is of a type generally | 0012| acknowledged as reliable by accreditation bodies designated by the | 0013| secretary of human services and performed by a laboratory approved | 0014| by such an accreditation body unless an objection has been made in | 0015| writing not later than twenty days before a hearing, at which the | 0016| results may be introduced into evidence. | 0017| D. If a putative father refuses to comply with an | 0018| order for testing pursuant to this section, the court [may] shall | 0019| enter a judgment of parentage against him. | 0020| E. If the mother refuses to comply with an order for | 0021| testing pursuant to this section, the court may dismiss the case | 0022| without prejudice." | 0023| Section 19. Section 40-11-14 NMSA 1978 (being Laws 1986, | 0024| Chapter 47, Section 14) is amended to read: | 0025| "40-11-14. CIVIL ACTION.-- | 0001| A. An action under the Uniform Parentage Act is a | 0002| civil action governed by the rules of civil procedure. Jury trial | 0003| is not available in actions to establish parentage. The mother of | 0004| the child and the alleged father are competent to testify and may | 0005| be compelled to testify. | 0006| B. Testimony relating to sexual access to the mother | 0007| by an unidentified man at any time or by an identified man at a | 0008| time other than the probable time of conception is inadmissible in | 0009| evidence, unless offered by the mother. | 0010| C. In an action against an alleged father, evidence | 0011| offered by him with respect to a man who is not subject to the | 0012| jurisdiction of the court concerning his sexual intercourse with | 0013| the mother at or about the probable time of conception of the | 0014| child is admissible in evidence only if the alleged father has | 0015| undergone and made available to the court blood tests, the results | 0016| of which do not exclude the possibility of his paternity of the | 0017| child. | 0018| D. A default order must be entered upon a showing of | 0019| service of process on the defendant or any other showing required | 0020| by state law." | 0021| Section 20. Section 40-11-15 NMSA 1978 (being Laws 1986, | 0022| Chapter 47, Section 15, as amended) is amended to read: | 0023| "40-11-15. JUDGMENT OR ORDER.-- | 0024| A. The judgment or order of the court determining the | 0025| existence or nonexistence of the parent and child relationship is | 0001| determinative for all purposes. | 0002| B. If the judgment or order of the court is at | 0003| variance with the child's birth certificate, the court shall order | 0004| that a new birth certificate be issued. | 0005| C. The judgment or order may contain any other | 0006| provision directed against or on behalf of the appropriate party | 0007| to the proceeding concerning the duty of past and future support, | 0008| the custody and guardianship of the child, visitation with the | 0009| child, the furnishing of bond or other security for the payment of | 0010| the judgment or any other matter within the jurisdiction of the | 0011| court. The judgment or order may direct the father to pay the | 0012| reasonable expenses of the mother's pregnancy, birth and | 0013| confinement. The court shall order child support retroactive to | 0014| the date of the child's birth pursuant to the provisions of | 0015| Sections 40-4-11 through 40-4-11.3 NMSA 1978. | 0016| D. Support judgments or orders ordinarily shall be for | 0017| periodic payments which may vary in amount. In the best interest | 0018| of the child, a lump-sum payment or the purchase of an annuity may | 0019| be ordered in lieu of periodic payments of support; provided, | 0020| however, a lump-sum payment shall not thereafter deprive a state | 0021| agency of its right to reimbursement from an appropriate party | 0022| should the child become a recipient of public assistance. | 0023| E. In determining the amount to be paid by a parent | 0024| for support of the child [or children], a court, child support | 0025| hearing officer or master shall make such determination in | 0001| accordance with the provisions of the child support guidelines of | 0002| Section 40-4-11.1 NMSA 1978. | 0003| F. Bills for pregnancy, childbirth and genetic testing | 0004| are admissible as evidence without requiring third-party | 0005| foundation testimony and constitute prima facie evidence of | 0006| amounts incurred." | 0007| Section 21. Section 40-4-11.5 NMSA 1978 (being Laws 1990, | 0008| Chapter 58, Section 2) is amended to read: | 0009| "40-4-11.5. MODIFICATION OF CHILD SUPPORT ORDERS IN CASES | 0010| ENFORCED BY THE STATE TITLE IV-D AGENCY.-- | 0011| A. For child support cases being enforced by the human | 0012| services department acting as the state's Title IV-D child support | 0013| enforcement agency as provided in Section 27-2-27 NMSA 1978, the | 0014| department shall implement a process for the periodic review of | 0015| child support orders that shall include: | 0016| (1) a review of [all orders at least every | 0017| thirty-six months] support orders every three years upon the | 0018| request of either the obligor or obligee or, if there is an | 0019| assignment of support rights pursuant to the Public Assistance | 0020| Act, upon the request of the department or of either the obligor | 0021| or obligee; | 0022| (2) notification by the department of its review | 0023| to the obligor and obligee; and | 0024| (3) authorization to require financial | 0025| information from the obligor and the obligee to determine whether | 0001| the support obligation should be presented to the court for | 0002| modification. | 0003| B. In carrying out its duties under this section, the | 0004| secretary of human services, or the secretary's authorized | 0005| representative, has the power to issue subpoenas: | 0006| (1) to compel the attendance of the obligor or | 0007| the obligee at a hearing on the child support order; | 0008| (2) to compel production by the obligor or the | 0009| obligee of financial or wage information, including federal or | 0010| state tax returns; | 0011| (3) to compel the obligor or the obligee to | 0012| disclose the location of employment of the payor party; and | 0013| (4) to compel the employer of the obligor or the | 0014| obligee to disclose information relating to the employee's wages. | 0015| C. A subpoena issued by the human services department | 0016| under this section shall state with reasonable certainty the | 0017| nature of the information required, the time and place where the | 0018| information shall be produced, whether the subpoena requires the | 0019| attendance of the person subpoenaed or only the production of | 0020| information and records and the consequences of failure to obey | 0021| the subpoena. | 0022| D. A subpoena issued by the human services department | 0023| under this section shall be served upon the person to be | 0024| subpoenaed or, at the option of the secretary or the secretary's | 0025| authorized representative, by certified mail addressed to the | 0001| person at his last known address. The service of the subpoena | 0002| shall be at least ten days prior to the required production of the | 0003| information or the required appearance. If the subpoena is served | 0004| by certified mail, proof of service is the affidavit of mailing. | 0005| After service of a subpoena upon a person, if the person neglects | 0006| or refuses to comply with the subpoena, the department may apply | 0007| to the district court of the county where the subpoena was served | 0008| or the county where the subpoena was responded to for an order | 0009| compelling compliance. Failure of the person to comply with the | 0010| district court's order shall be punishable as contempt. | 0011| E. If a review by the human services department | 0012| results in a finding that a child support order should be modified | 0013| in accordance with the guidelines, it should be presented to the | 0014| court for modification and the obligor and the obligee shall be | 0015| notified of their respective rights and shall have thirty days to | 0016| respond to the department's finding. The right to seek | 0017| modification shall rest with the department in the case of | 0018| obligations being enforced as a result of a public assistance | 0019| recipient's assignment of support rights to the state as provided | 0020| in the Social Security Act, 42 U.S.C. 602(a)(26). | 0021| F. At the request of the obligor or the obligee or | 0022| upon the filing of a motion to modify child support, the human | 0023| services department shall furnish any information it has obtained | 0024| in its review process regarding wages or other information | 0025| pertaining to the obligor or the obligee. | 0001| G. Nothing in this section shall be construed to | 0002| restrict the right of either party to petition the court to modify | 0003| a child support obligation. The human services department shall | 0004| not be required to conduct a review of any party's obligation more | 0005| than once every three years." | 0006| Section 22. [NEW MATERIAL] WORK REQUIREMENT FOR PERSONS | 0007| OWING PAST-DUE CHILD SUPPORT.--The state Title IV-D agency must | 0008| have and use procedures under which the state has the authority, | 0009| in any case in which an individual owes past-due support with | 0010| respect to a child receiving assistance under a state program | 0011| funded under temporary assistance for needy families, to issue an | 0012| order or to request that a court or an administrative process | 0013| established pursuant to state law issue an order that requires the | 0014| individual to: | 0015| A. pay such support in accordance with a plan approved | 0016| by the court, or at the option of the state, a plan approved by | 0017| the state Title IV-D agency; or | 0018| B. if the individual is subject to such a plan and is | 0019| not incapacitated, participate in such work activities as the | 0020| court, or at the option of the state, the state Title IV-D agency, | 0021| deems appropriate. | 0022| Section 23. Section 40-4A-15 NMSA 1978 (being Laws 1985, | 0023| Chapter 105, Section 17) is amended to read: | 0024| "40-4A-15. CONSUMER REPORTING AGENCIES.--At the request of | 0025| a consumer reporting agency, as defined in Section 603(f) of the | 0001| Fair Credit Reporting Act, 15 USC 1681(a)(f), and upon thirty | 0002| days' advance notice to the obligor, the department, in accordance | 0003| with its regulations, may release information regarding the | 0004| delinquency of an obligor [if the delinquency of the obligor | 0005| exceeds one thousand dollars ($1,000)]. The department may charge | 0006| a reasonable fee to the consumer reporting agency." | 0007| Section 24. [NEW MATERIAL] LIENS.--The state Title IV-D | 0008| agency must have and use procedures under which: | 0009| A. liens arise by operation of law against real and | 0010| personal property for amounts of overdue support owed by a | 0011| noncustodial parent who resides or owns property in the state; and | 0012| B. the state courts and tribunals accord full faith | 0013| and credit to liens arising in another state, when the state Title | 0014| IV-D agency, party, or other entity seeking to enforce such a lien | 0015| complies with the procedural rules relating to recording or | 0016| serving liens that arise within the state, except that such rules | 0017| may not require judicial notice or hearing prior to the | 0018| enforcement of such a lien. | 0019| Section 25. Section 40-5A-2 NMSA 1978 (being Laws 1995, | 0020| Chapter 25, Section 2) is amended to read: | 0021| "40-5A-2. PURPOSE.--The purpose of the Parental | 0022| Responsibility Act is: | 0023| A. to require parents to eliminate child support | 0024| arrearages in order to maintain a professional, [or an] | 0025| occupational or recreational license, including but not limited to | 0001| a hunting, fishing or trapping license, and a driver's license; | 0002| and | 0003| B. to require compliance with after receiving | 0004| appropriate notice, subpoenas or warrants relating to paternity or | 0005| child support, which will subsequently reduce both the number of | 0006| children in New Mexico who live at or below the poverty level and | 0007| the financial obligation that falls to the state when parents do | 0008| not provide for their minor children." | 0009| Section 26. Section 40-5A-3 NMSA 1978 (being Laws 1995, | 0010| Chapter 25, Section 3) is amended to read: | 0011| "40-5A-3. DEFINITIONS.--As used in the Parental | 0012| Responsibility Act: | 0013| A. "applicant" means an obligor who is applying for | 0014| issuance of a license; | 0015| B. "board" means: | 0016| (1) the construction industries commission, the | 0017| construction industries division and the electrical bureau, | 0018| mechanical bureau and general construction bureau of the | 0019| construction industries division of the regulation and licensing | 0020| department; | 0021| (2) the manufactured housing committee and | 0022| manufactured housing division of the regulation and licensing | 0023| department; | 0024| (3) a board, commission or agency that | 0025| administers a [professional] profession or occupation licensed | 0001| pursuant to Chapter 61 NMSA 1978; | 0002| (4) any other state agency to which the Uniform | 0003| Licensing Act is applied by law; [or] | 0004| (5) a licensing board or other authority that | 0005| issues a license, certificate, registration or permit to engage in | 0006| a profession or occupation regulated in New Mexico; | 0007| (6) the department of game and fish; or | 0008| (7) the motor vehicle division of the taxation | 0009| and revenue department; | 0010| C. "certified list" means a verified list that | 0011| includes the names, social security numbers and last known | 0012| addresses of obligors not in compliance with a judgment and order | 0013| for support; | 0014| D. "compliance" means that: | 0015| (1) an obligor is no more than thirty days in | 0016| arrears in payment of amounts required to be paid pursuant to an | 0017| outstanding judgment and order for support; and | 0018| (2) an obligor has, after receiving appropriate | 0019| notice, complied with subpoenas or warrants relating to paternity | 0020| or child support proceedings; | 0021| E. "department" means the human services department; | 0022| F. "judgment and order for support" means the judgment | 0023| entered against an obligor by the district court or a tribal court | 0024| in a case brought by the department pursuant to Title IV-D of the | 0025| Social Security Act; | 0001| G. "license" means a license, certificate, | 0002| registration or permit issued by a board that a person is required | 0003| to have to engage in a profession or occupation in New Mexico and | 0004| includes a commercial driver's license, driver's license and | 0005| recreational licenses, including but not limited to hunting, | 0006| fishing or trapping licenses; | 0007| H. "licensee" means an obligor to whom a license has | 0008| been issued; and | 0009| I. "obligor" means the person who has been ordered to | 0010| pay child or spousal support pursuant to a judgment and order for | 0011| support." | 0012| Section 27. Section 40-5A-4 NMSA 1978 (being Laws 1995, | 0013| Chapter 25, Section 4) is amended to read: | 0014| "40-5A-4. APPLICATION FOR LICENSE.--A person who submits an | 0015| application for a license issued by a board is not eligible for | 0016| issuance of the license if he is not in compliance with a judgment | 0017| and order for support or subpoenas or warrants relating to | 0018| paternity or child support proceedings. A board that denies or | 0019| proposes to deny the application on the grounds that he is not in | 0020| compliance with a judgment and order for support or subpoenas or | 0021| warrants relating to paternity or child support proceedings shall | 0022| advise the applicant in writing of the grounds for denial of his | 0023| application and his right, if any, to a hearing. The applicant | 0024| shall have a right to a hearing if, pursuant to applicable law | 0025| governing hearings, the denial of [his] the application on other | 0001| grounds would have entitled [his] the applicant to a hearing. The | 0002| application shall be reinstated if, within thirty days of the date | 0003| of the notice, the applicant provides the board with a certified | 0004| statement from the department that he is in compliance with a | 0005| judgment and order for support or subpoenas or warrants relating | 0006| to paternity or child support proceedings." | 0007| Section 28. Section 40-5A-5 NMSA 1978 (being Laws 1995, | 0008| Chapter 25, Section 5) is amended to read: | 0009| "40-5A-5. RENEWAL OF LICENSE.--A licensee who seeks renewal | 0010| of his license from a board is not eligible to have the license | 0011| renewed if he is not in compliance with a judgment and order for | 0012| support or subpoenas or warrants relating to paternity or child | 0013| support proceedings. A board that denies or proposes to deny the | 0014| renewal of a license on the grounds that the licensee is not in | 0015| compliance with a judgment and order for support or subpoenas or | 0016| warrants relating to paternity or child support proceedings shall | 0017| advise the licensee in writing of the grounds for the denial or | 0018| proposed denial and his right to a hearing. The licensee shall | 0019| have a right to a hearing on the denial of the renewal of his | 0020| license pursuant to the applicable law governing hearings [for his | 0021| profession or occupation]. The application for renewal shall be | 0022| reinstated if, within thirty days of the date of the notice, the | 0023| licensee provides the board with a certified statement from the | 0024| department that he is in compliance with a judgment and order for | 0025| support or subpoenas or warrants relating to paternity or child | 0001| support proceedings." | 0002| Section 29. Section 40-5A-6 NMSA 1978 (being Laws 1995, | 0003| Chapter 25, Section 6) is amended to read: | 0004| "40-5A-6. SUSPENSION OR REVOCATION OF LICENSE.--The failure | 0005| of a licensee to be in compliance with a judgment and order for | 0006| support or subpoena or warrants relating to paternity or child | 0007| support proceedings is grounds for suspension or revocation of a | 0008| license. The proceeding shall be conducted by [the] a board | 0009| pursuant to the law governing suspension and revocation | 0010| proceedings for [his profession or occupation] the license." | 0011| Section 30. Section 40-5A-7 NMSA 1978 (being Laws 1995, | 0012| Chapter 25, Section 7) is amended to read: | 0013| "40-5A-7. CERTIFIED LISTS.--The department shall provide | 0014| each board with a certified list of obligors not in compliance | 0015| with a judgment and order for support or subpoenas or warrants | 0016| relating to paternity or child support proceedings within ten | 0017| calendar days after the first day of each month. By the end of | 0018| the month in which the certified list is received, [the] each | 0019| board shall report to the department the names of applicants and | 0020| licensees [of the board] who are on the list and the action the | 0021| board has taken in connection with such applicants and licensees." | 0022| Section 31. Section 40-5A-10 NMSA 1978 (being Laws 1995, | 0023| Chapter 25, Section 10) is amended to read: | 0024| "40-5A-10. ACTION BY SUPREME COURT.--The supreme court | 0025| shall adopt by order rules for the denial of applications or | 0001| licensing and renewal of licenses and for the suspension or | 0002| revocation of licenses of lawyers and other persons licensed by | 0003| the supreme court for the failure of an applicant or licensee to | 0004| be in compliance with a judgment and order for support or | 0005| subpoenas or warrants relating to paternity or child support | 0006| proceedings and may delegate the enforcement of the rules to a | 0007| board under its supervision." | 0008| Section 32. Section 40-5A-13 NMSA 1978 (being Laws 1995, | 0009| Chapter 25, Section 13) is amended to read: | 0010| "40-5A-13. ANNUAL REPORT.--The department shall report to | 0011| the governor and the legislature by December 1 of each year on the | 0012| progress of child support enforcement measures, including: | 0013| A. the number of delinquent obligors certified by the | 0014| department; | 0015| B. the number of obligors who also were licensees or | 0016| applicants subject to the provisions of the Parental | 0017| Responsibility Act; | 0018| C. the number of licenses that were suspended or | 0019| revoked by each board, the number of new licenses and renewals | 0020| that were delayed or denied by each board and the number of | 0021| licenses and renewals that were granted following an applicant's | 0022| compliance with a judgment and order for support or subpoenas or | 0023| warrants relating to paternity or child support proceedings; and | 0024| D. the costs incurred in the implementation and | 0025| enforcement of the Parental Responsibility Act." | 0001| Section 33. [NEW MATERIAL] FINANCIAL INSTITUTION DATA | 0002| MATCHES.-- | 0003| A. "Financial institution" means: | 0004| (1) a depository institution, as defined in | 0005| section 3(c) of the Federal Deposit Insurance Act | 0006| (12 U.S.C.1813(c)); | 0007| (2) an institution-affiliated party, as defined | 0008| in section 3(u) of such act (12 U.S.C. 1813(u)); | 0009| (3) any federal credit union or state credit | 0010| union, as defined in section 101 of the Federal Credit Union Act | 0011| (12 USC 1752), including an institution-affiliated party of such a | 0012| credit union, as defined section 206(r) of such act | 0013| (12 U.S.C.1786(r)); and | 0014| (4) any benefit association, insurance company, | 0015| safe deposit company, money-market mutual fund or similar entity | 0016| authorized to do business in the state. | 0017| B. "Account" means a demand deposit account, checking | 0018| or negotiable withdrawal order account, savings account, time | 0019| deposit account or money-market mutual fund account. | 0020| C. "Past-due support" means the amount of support | 0021| determined under a court order or an order of an administrative | 0022| process established under state law for support and maintenance of | 0023| a child or of a child and the parent with whom the child is | 0024| living, which has not been paid. | 0025| D. The human services department, acting as the | 0001| state's child support enforcement agency pursuant to Title IV-D of | 0002| the Social Security Act, shall enter into agreements with | 0003| financial institutions doing business in the state to develop and | 0004| operate, in coordination with such financial institutions, a data | 0005| match system to be operational by October 1, 2000, using automated | 0006| data exchanges to the maximum extent feasible, in which each such | 0007| financial institution is required to provide the information. | 0008| E. The human services department shall establish | 0009| standard procedures and formats for the financial institutions. | 0010| Such procedures shall include administrative due process for child | 0011| support obligors before funds or assets may be seized by the | 0012| department. | 0013| F. Each financial institution in New Mexico shall | 0014| provide to the human services department for each calendar quarter | 0015| the name, record address, social security number or other taxpayer | 0016| identification number and other identifying information for each | 0017| noncustodial parent who maintains an account at such institution | 0018| and who owes past-due support, as identified by the human services | 0019| department, by name and social security number or other taxpayer | 0020| identification number. | 0021| G. Upon receipt of a notice of lien or levy from the | 0022| human services department, financial institutions shall encumber | 0023| and surrender assets held by the institution on behalf of any | 0024| noncustodial parent who is subject to a child support lien. | 0025| H. The human services department may establish and pay | 0001| a reasonable fee to a financial institution for conducting the | 0002| data match provided for in this act, not to exceed the actual | 0003| costs incurred by such financial institutions. | 0004| I. A financial institution shall not be liable under | 0005| any state law to any person for disclosing of information to the | 0006| human services department under this section; or for freezing or | 0007| surrendering any assets held by such financial institution in | 0008| response to a notice of lien or seizure issued by the human | 0009| services department, or for any other action taken in good faith | 0010| to comply with the requirements of this section. | 0011| J. A state child support enforcement agency that | 0012| obtains a financial record of a person from a financial | 0013| institution may disclose such financial record only for the | 0014| purpose of, and to the extent necessary in, establishing, | 0015| modifying or enforcing a child support obligation of such person. | 0016| Section 34. [NEW MATERIAL] ENFORCEMENT OF ORDERS FOR | 0017| HEALTH CARE.--All Title IV-D child support orders enforced shall | 0018| include a provision for the health care coverage of the child, and | 0019| in the case in which a noncustodial parent provides such coverage | 0020| and changes employment and the new employer provides health care | 0021| coverage, the state Title IV-D agency shall transfer notice of the | 0022| provision to the employer, which notice shall operate to enroll | 0023| the child in the noncustodial parent's health plan, unless the | 0024| noncustodial parent successfully contests the notice. | 0025| Section 35. SEVERABILITY.--If any part or application of | 0001| this act is held invalid, the remainder or its application to | 0002| other situations or persons shall not be affected. The provisions | 0003| of this act are severable. | 0004| Section 36. EFFECTIVE DATE.--The effective date of the | 0005| provisions of Section 5 of this act is July 1, 1998. | 0006| Section 37. EMERGENCY.--It is necessary for the public | 0007| peace, health and safety that this act take effect immediately. | 0008|  |