As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 200

Representatives Willamowski, Schneider, Otterman, S. Patton, Flowers, Hagan, Price, Reidelbach, Schmidt, Beatty, Carano, Chandler, Cirelli, Clancy, Daniels, DePiero, Distel, Domenick, C. Evans, Hartnett, Harwood, Hollister, Hughes, Jolivette, Key, McGregor, Niehaus, T. Patton, Perry, Raussen, Redfern, Schaffer, Schlichter, Seitz, Sferra, J. Stewart, Sykes, Wagner, Widener, Widowfield 

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A BILL

To amend sections 311.17, 3121.03, 3121.0310,

1

3121.091, 3121.59, 3121.64, 3121.89, 3121.891,

2

3121.892, 3121.893, 3121.894, 3121.895, 3121.897,

3

3121.898, 3121.899, 3121.8910, and 3123.021, to

4

enact new section 3121.896 and section 3125.141,

5

and to repeal sections 3121.60, 3121.63, and

6

3121.896 of the Revised Code regarding the

7

enforcement of child support orders and to declare

8

an emergency.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 311.17, 3121.03, 3121.0310,	10
3121.091, 3121.59, 3121.64, 3121.89, 3121.891, 3121.892, 3121.893,	11
3121.894, 3121.895, 3121.897, 3121.898, 3121.899, 3121.8910, and	12
3123.021 be amended and new section 3121.896 and section 3125.141	13
of the Revised Code be enacted to read as follows:	14

Sec. 311.17. ForExcept as provided in a contract entered	15
into under division (A) of section 3125.141 of the Revised Code,	16
for the services specified in this section, the sheriff shall	17
charge the following fees, which the court or its clerk shall tax	18
in the bill of costs against the judgment debtor or those legally	19
liable therefor for the judgment:	20

(A) For the service and return of the following writs and	21
orders:	22

(1) Execution:

23

(a) When money is paid without levy or when no property is	24
found, twenty dollars;	25

(b) When levy is made on real property, for the first tract,	26
twenty-five dollars, and for each additional tract, ten dollars;	27

(c) When levy is made on goods and chattels, including	28
inventory, fifty dollars.	29

(2) Writ of attachment of property, except for purpose of	30
garnishment, forty dollars;	31

(3) Writ of attachment for the purpose of garnishment, ten	32
dollars;	33

(4) Writ of replevin, forty dollars;

34

(5) Warrant to arrest, for each person named in the writ, ten	35
dollars;	36

(6) Attachment for contempt, for each person named in the	37
writ, six dollars;	38

(7) Writ of possession or restitution, sixty dollars;

39

(8) Subpoena, for each person named in the writ, in either a	40
civil or criminal case, six dollars;	41

(9) Venire, for each person named in the writ, in either a	42
civil or criminal case, six dollars;	43

(10) Summoning each juror, other than on venire, in either a	44
civil or criminal case, six dollars;	45

(11) Writ of partition, twenty-five dollars;

46

(12) Order of sale on partition, for the first tract, fifty	47
dollars, and for each additional tract, twenty-five dollars;	48

(13) Other order of sale of real property, for the first	49
tract, fifty dollars, and for each additional tract, twenty-five	50
dollars;	51

(14) Administering oath to appraisers, three dollars each;

52

(15) Furnishing copies for advertisements, one dollar for	53
each hundred words;	54

(16) Copy of indictment, for each defendant, five dollars;

55

(17) All summons, writs, orders, or notices, for the first	56
name, six dollars, and for each additional name, one dollar.	57

(B) In addition to the fee for service and return:

58

(1) On each summons, writ, order, or notice, a fee of one	59
dollar per mile for the first mile, and fifty cents per mile for	60
each additional mile, going and returning, actual mileage to be	61
charged on each additional name;	62

(2) Taking bail bond, three dollars;

63

(3) Jail fees, as follows:

64

(a) For receiving a prisoner, five dollars each time a	65
prisoner is received, and for discharging or surrendering a	66
prisoner, five dollars each time a prisoner is discharged or	67
surrendered. The departure or return of a prisoner from or to a	68
jail in connection with a program established under section	69
5147.28 of the Revised Code is not a receipt, discharge, or	70
surrender of the prisoner for purposes of this division.	71

(b) Taking a prisoner before a judge or court, per day, five	72
dollars;	73

(c) Calling action, one dollar;

74

(d) Calling jury, three dollars;

75

(e) Calling each witness, three dollars;

76

(f) Bringing prisoner before court on habeas corpus, six	77
dollars.	78

(4) Poundage on all moneys actually made and paid to the	79
sheriff on execution, decree, or sale of real estate, one and	80
one-half per cent;	81

(5) Making and executing a deed of land sold on execution,	82
decree, or order of the court, to be paid by the purchaser, fifty	83
dollars.	84

When any of the services described in division (A) or (B) of	85
this section are rendered by an officer or employee, whose salary	86
or per diem compensation is paid by the county, the applicable	87
legal fees and any other extraordinary expenses, including	88
overtime, provided for the service shall be taxed in the costs in	89
the case and, when collected, shall be paid into the general fund	90
of the county.	91

The sheriff shall charge the same fees for the execution of	92
process issued in any other state as the sheriff charges for the	93
execution of process of a substantively similar nature that is	94
issued in this state.	95

Sec. 3121.03.  If a court or child support enforcement agency	96
that issued or modified a support order, or the agency	97
administering the support order, is required by the Revised Code	98
to issue one or more withholding or deduction notices described in	99
this section or other orders described in this section, the court	100
or agency shall issue one or more of the following types of	101
notices or orders, as appropriate, for payment of the support and	102
also, if required by the Revised Code or the court, to pay any	103
arrearages:	104

(A)(1) If the court or the child support enforcement agency	105
determines that the obligor is receiving income from a payor, the	106
court or agency shall require the payor to do all of the	107
following:	108

(a) Withhold from the obligor's income a specified amount for	109
support in satisfaction of the support order and begin the	110
withholding no later than fourteen business days following the	111
date the notice is mailed to the payor under section 3121.035,	112
3121.896, 3123.021, or 3123.06 of the Revised Code and division	113
(A)(2) of this section or, if the payor is an employer, no later	114
than the first pay period that occurs after fourteen business days	115
following the date the notice is mailed;	116

(b) Send the amount withheld to the office of child support	117
in the department of job and family services pursuant to section	118
3121.43 of the Revised Code immediately but not later than seven	119
business days after the date the obligor is paid;	120

(c) Continue the withholding at intervals specified in the	121
notice until further notice from the court or child support	122
enforcement agency.	123

To the extent possible, the amount specified to be withheld	124
shall satisfy the amount ordered for support in the support order	125
plus any arrearages owed by the obligor under any prior support	126
order that pertained to the same child or spouse, notwithstanding	127
any applicable limitations of sections 2329.66, 2329.70, 2716.02,	128
2716.041, and 2716.05 of the Revised Code. However, in no case	129
shall the sum of the amount to be withheld and any fee withheld by	130
the payor as a charge for its services exceed the maximum amount	131
permitted under section 303(b) of the "Consumer Credit Protection	132
Act," 15 U.S.C. 1673(b).	133

(2) A court or agency that imposes an income withholding	134
requirement shall, within the applicable time specified in section	135
3119.80, 3119.81, 3121.035, 3121.896, 3123.021, or 3123.06 of the	136
Revised Code, send to the obligor's payor by regular mail a notice	137
that contains all of the information applicable to withholding	138
notices set forth in section 3121.037 of the Revised Code. The	139
notice is final and is enforceable by the court.	140

(B)(1) If the court or child support enforcement agency	141
determines that the obligor has funds that are not exempt under	142
the laws of this state or the United States from execution,	143
attachment, or other legal process and are on deposit in an	144
account in a financial institution under the jurisdiction of the	145
court that issued the court support order, or in the case of an	146
administrative child support order, under the jurisdiction of the	147
common pleas court of the county in which the agency that issued	148
or is administering the order is located, the court or agency may	149
require any financial institution in which the obligor's funds are	150
on deposit to do all of the following:	151

(a) Deduct from the obligor's account a specified amount for	152
support in satisfaction of the support order and begin the	153
deduction no later than fourteen business days following the date	154
the notice was mailed to the financial institution under section	155
3121.035 or 3123.06 of the Revised Code and division (B)(2) of	156
this section;	157

(b) Send the amount deducted to the office of child support	158
in the department of job and family services pursuant to section	159
3121.43 of the Revised Code immediately but not later than seven	160
business days after the date the latest deduction was made;	161

(c) Provide the date on which the amount was deducted;

162

(d) Continue the deduction at intervals specified in the	163
notice until further notice from the court or child support	164
enforcement agency.	165

To the extent possible, the amount to be deducted shall	166
satisfy the amount ordered for support in the support order plus	167
any arrearages that may be owed by the obligor under any prior	168
support order that pertained to the same child or spouse,	169
notwithstanding the limitations of sections 2329.66, 2329.70, and	170
2716.13 of the Revised Code.	171

(2) A court or agency that imposes a deduction requirement	172
shall, within the applicable period of time specified in section	173
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send	174
to the financial institution by regular mail a notice that	175
contains all of the information applicable to deduction notices	176
set forth in section 3121.037 of the Revised Code. The notice is	177
final and is enforceable by the court.	178

(C) With respect to any court support order it issues, a	179
court may issue an order requiring the obligor to enter into a	180
cash bond with the court. The court shall issue the order as part	181
of the court support order or, if the court support order has	182
previously been issued, as a separate order. The cash bond shall	183
be in a sum fixed by the court at not less than five hundred nor	184
more than ten thousand dollars, conditioned that the obligor will	185
make payment as previously ordered and will pay any arrearages	186
under any prior court support order that pertained to the same	187
child or spouse.	188

The order, along with an additional order requiring the	189
obligor to immediately notify the child support enforcement	190
agency, in writing, if the obligor begins to receive income from a	191
payor, shall be attached to and served on the obligor at the same	192
time as service of the court support order or, if the court	193
support order has previously been issued, as soon as possible	194
after the issuance of the order under this section. The additional	195
order requiring notice by the obligor shall state all of the	196
following:	197

(1) That when the obligor begins to receive income from a	198
payor the obligor may request that the court cancel its bond order	199
and instead issue a notice requiring the withholding of an amount	200
from income for support in accordance with this section;	201

(2) That when the obligor begins to receive income from a	202
payor the court will proceed to collect on the bond if the court	203
determines that payments due under the court support order have	204
not been made and that the amount that has not been paid is at	205
least equal to the support owed for one month under the court	206
support order and will issue a notice requiring the withholding of	207
an amount from income for support in accordance with this section.	208
The notice required of the obligor shall include a description of	209
the nature of any new employment, the name and business address of	210
any new employer, and any other information reasonably required by	211
the court.	212

The court shall not order an obligor to post a cash bond	213
under this section unless the court determines that the obligor	214
has the ability to do so.	215

A child support enforcement agency may not issue a cash bond	216
order. If a child support enforcement agency is required to issue	217
a withholding or deduction notice under this section with respect	218
to a court support order but the agency determines that no	219
withholding or deduction notice would be appropriate, the agency	220
may request that the court issue a cash bond order under this	221
section, and upon the request, the court may issue the order.	222

(D)(1) If the obligor under a court support order is	223
unemployed, has no income, and does not have an account at any	224
financial institution, or on request of a child support	225
enforcement agency under division (D)(1) or (2) of this section,	226
the court shall issue an order requiring the obligor, if able to	227
engage in employment, to seek employment or participate in a work	228
activity to which a recipient of assistance under Title IV-A of	229
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	230
as amended, may be assigned as specified in section 407(d) of the	231
"Social Security Act," 42 U.S.C.A. 607(d), as amended. The court	232
shall include in the order a requirement that the obligor notify	233
the child support enforcement agency on obtaining employment,	234
obtaining any income, or obtaining ownership of any asset with a	235
value of five hundred dollars or more. The court may issue the	236
order regardless of whether the obligee to whom the obligor owes	237
support is a recipient of assistance under Title IV-A of the	238
"Social Security Act." The court shall issue the order as part of	239
a court support order or, if a court support order has previously	240
been issued, as a separate order. If a child support enforcement	241
agency is required to issue a withholding or deduction notice	242
under this section with respect to a court support order but	243
determines that no withholding or deduction notice would be	244
appropriate, the agency may request that the court issue a court	245
order under division (D)(1) of this section, and, on the request,	246
the court may issue the order.	247

(2) If the obligor under an administrative child support	248
order is unemployed, has no income, and does not have an account	249
at any financial institution, the agency shall issue an	250
administrative order requiring the obligor, if able to engage in	251
employment, to seek employment or participate in a work activity	252
to which a recipient of assistance under Title IV-A of the "Social	253
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	254
may be assigned as specified in section 407(d) of the "Social	255
Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall	256
include in the order a requirement that the obligor notify the	257
agency on obtaining employment or income, or ownership of any	258
asset with a value of five hundred dollars or more. The agency may	259
issue the order regardless of whether the obligee to whom the	260
obligor owes support is a recipient of assistance under Title IV-A	261
of the "Social Security Act." If an obligor fails to comply with	262
an administrative order issued pursuant to division (D)(2) of this	263
section, the agency shall submit a request to a court for the	264
court to issue an order under division (D)(1) of this section.	265

Sec. 3121.0310.  The department of job and family services	266
shall adopt standard forms for support withholding and deduction	267
notices described in section 3121.03 of the Revised Code, which	268
shall be used regardless of the type or source of income. All	269
courts and child support enforcement agencies shall use the forms	270
in issuing withholding and deduction notices. The withholding and	271
deduction requirements contained in the notices are final and	272
enforceable by the court.	273

Sec. 3121.091. (A) A withholding notice or other order	274
issued pursuant to Chapter 3115., 3119., 3121., or 3123. of the	275
Revised Code with respect to an obligor described in section	276
3121.09 of the Revised Code shall be served on one of the	277
following:	278

(1) if(A) If the obligor is an officer or employee of the	279
state, on the director of administrative services;	280

(2) if(B) If the obligor is an individual described in	281
division (B) of section 3121.09 of the Revised Code, on the	282
director of budget and managementhead of the state agency that is	283
contracting with the obligor or that owes or will owe the obligor	284
money.	285

(B) A notice or order described in this section shall set	286
forth the following:	287

(1) The name of the state agency that owes or will owe money	288
to the individual against whom the notice or order is issued;	289

(2) If money is to be withheld from a corporation or a	290
limited liability company to pay the support obligation of an	291
individual who is an obligor, evidence that the obligor is the	292
sole shareholder of the corporation or the sole member of the	293
limited liability company.	294

Sec. 3121.59.  A fine imposed pursuant to division (B) of	295
section 3121.99 of the Revised Code shall be paid to the office of	296
child support in the department of job and family services or,	297
pursuant to section 3125.29 of the Revised Code, to the child	298
support enforcement agency. The amount of the fine that does not	299
exceed the amount of arrearage under the child support order shall	300
be disbursed in accordance with the child support order. The	301
amount of the fine that exceeds the amount of the arrearage shall	302
be considered program income and handled in accordance with	303
section 3121.60 of the Revised Code.	304

Sec. 3121.64.  On receipt of administrative charges under	305
section 3121.56 of the Revised Code, the office of child support	306
shall determine the charge amounts collected from obligors under	307
support orders being administered by the child support enforcement	308
agency in each county and distribute quarterlymonthly to each	309
agency an amount equal to the charges attributable to the agency.	310

Sec. 3121.89.  As used in sections 3121.891 to 3121.8911 of	311
the Revised Code:	312

(A) "Contractor" means an individual who provides services to	313
an employer as an independent contractor for compensation that is	314
reported as income other than wages and who is an individual, the	315
sole shareholder of a corporation, or the sole member of a limited	316
liability company. "Contractor" does not include any of the	317
following:	318

(1) An individual performing intelligence or	319
counterintelligence functions for a state agency if the head of	320
the agency has determined that reporting pursuant to this section	321
could endanger the safety of the individual or compromise an	322
ongoing investigation or intelligence mission;	323

(2) A professionally licensed person who is providing	324
services to the employer under that license;	325

(3) An individual who will receive for the services provided	326
under the contract compensation of less than two thousand five	327
hundred dollars per year or a greater amount that the director of	328
job and family services establishes by rule adopted under section	329
3121.896 of the Revised Code.	330

(B) "Employee" means an individual who is employed to provide	331
services to an employer for compensation to an employer and	332
includes an individual who provides services to an employer under	333
a contract as an independent contractor, and who is an individual,	334
the sole shareholder of a corporation, or the sole member of a	335
limited liability companythat is reported as income from wages.	336
"Employee" does not include an individual performing intelligence	337
or counterintelligence functions for a state agency, if the head	338
of the agency has determined that reporting pursuant to this	339
section could endanger the safety of the employee or compromise an	340
ongoing investigation or intelligence mission.	341

(B)(C) "Employer" means any person or governmental entity	342
other than the federal government for which an individual performs	343
any service, of whatever nature, as the employee or contractor of	344
such person, except that:	345

(1) If the person for whom the individual performs services	346
does not have control of the payment of compensation for the	347
services, "employer" means the person having control of the	348
payment of the compensation.	349

(2) In the case of a person paying compensation on behalf of	350
a nonresident alien individual, foreign partnership, or foreign	351
corporation not engaged in trade or business within the United	352
States, "employer" means the person paying the compensation.	353

(3) In the case of compensation paid to a contractor,	354
"employer" does not include any person or entity that lacks a	355
federal employer identification number.	356

(D) "Professionally licensed person" has the same meaning as	357
in section 2925.01 of the Revised Code.	358

Sec. 3121.891.  (A) Except as provided in division (B) or (C)	359
of this section, every employer shall make a new hire report to	360
the department of job and family services regarding the hiring,	361
rehiring, or return to work as an employee or contractor of a	362
person who resides, works, or will be assigned to work in this	363
state to whom the employer anticipates paying compensation.	364

(B) An employer with employees or contractors in two or more	365
states that transmits new hire reports magnetically or	366
electronically may make the new hire report to another state if	367
the employer does both of the following:	368

(1) Notifies the Ohio department of job and family services	369
and the United States secretary of health and human services in	370
writing that the employer has designated another state as the	371
state to which the employer will transmit the report;	372

(2) Transmits the report to that state in compliance with	373
federal law.	374

(C) The department may by rule exempt employers from making	375
new hire reports on any classification of contractors if the	376
department determines that exempting the employer will assist the	377
administration of the new hire reporting requirement.	378

Sec. 3121.892. (A) An employer shall include all of the	379
following in each new hire report:	380

(A) The(1) For each employee, the employee's name, address,	381
date of birth, social security number, and date of hire, rehire,	382
or return to work;	383

(B)(2) For each contractor, the contractor's name, address,	384
social security or tax identification number, the date payments	385
begin, and the length of time the contractor will be performing	386
services for the employer;	387

(3) The employer's name, address, and identification number.

388

(B) The department of job and family services may by rule	389
require that additional information, specified in the rule, be	390
included in each new hire report.	391

Sec. 3121.893.  An employer mayshall make a new hire report	392
by submittingfor each newly hired employee or contractor in a	393
manner prescribed by the department of job and family services.	394
The department may require that the report include or consist of	395
the submission of a copy of the United States internal revenue	396
service form W-4 (employee's withholding allowance certificate)	397
for the employee, a form provided by the department of job and	398
family services, or any other hiring document or data storage	399
device or mechanism the department authorizes. An employer may	400
make the new hire report by mail, fax, magnetic or electronic	401
means, or other means the department authorizes. If an employer	402
makes a new hire report by mail, the date of making the report is	403
the postmark date if the report is mailed in the United States	404
with first class postage and is addressed as the department	405
authorizes. An employer shall make the new hire report not later	406
than twenty days after the date on which the employer hires or	407
rehires an employee or the employee returns to work or the date on	408
which the employer engages or re-engages the contractor or the	409
contractor resumes providing services under the contract.	410

Sec. 3121.894.  The department of job and family services	411
shall, within five days of receipt from an employer, enter the	412
information described in divisions (A)(1) and (3) of section	413
3121.892 of the Revised Code into the new hires directory, which	414
shall be part of or accessible to the automated data processing	415
system required pursuant to section 3125.07 of the Revised Code.	416

The department of job and family services may specify by rule	417
the extent to which the information described in division (A)(2)	418
of section 3121.892 of the Revised Code is to be entered into the	419
new hires directory or any other appropriate directory. The	420
department shall enter the information in accordance with the	421
rule.	422

Sec. 3121.895.  The department of job and family services	423
shall make comparisons of the social security numbers obtained	424
pursuant to division (A)(1) of section 3121.892 of the Revised	425
Code and the social security numbers appearing in the case	426
registry maintained pursuant to sections 3121.81 to 3121.86 of the	427
Revised Code. Not later than the business day after information is	428
entered into the directory, if the comparison conducted by the	429
department results in a match, the department shall notify the	430
child support enforcement agency administering the support order.	431

Sec. 3121.896. The director of job and family services shall	432
by rule establish the manner in which information concerning any	433
person identified in division (A)(2) of section 3121.892 of the	434
Revised Code shall be used to enforce any support obligations of	435
that person.	436

The director of job and family services may adopt a rule	437
increasing above the amount established in division (A)(3) of	438
section 3121.89 of the Revised Code the amount of compensation	439
that an employer may annually pay to a contractor under a contract	440
without being required to make a new hire report in relation to	441
that contractor.	442

Sec. 3121.897.  Within three business days after information	443
on persons identified in division (A)(1) of section 3121.892 of	444
the Revised Code is entered into the new hires directory, the	445
department of job and family services shall furnish the	446
information to the national directory of new hires. The department	447
shall furnish to the national directory of new hires on a	448
quarterly basis such information contained in the records of the	449
department as is required by state and federal law.	450

To the extent it determines appropriate, the department also	451
may furnish to the national directory of new hires information on	452
persons identified in division (A)(2) of section 3121.892 of the	453
Revised Code.	454

Sec. 3121.898.  The department of job and family services	455
shall use the new hire reports it receives for any of the	456
following purposes set forth in 42 U.S.C. 653a, as amended,	457
including:	458

(A) To locate individuals for the purposes of establishing	459
paternity and for establishing, modifying, and enforcing child	460
support orders being administered by child support enforcement	461
agencies in this state.	462

(B) To verify eligibility for any of the following programs	463
As used in this division, "state agency" means every department,	464
bureau, board, commission, office, or other organized body	465
established by the constitution or laws of this state for the	466
exercise of state government; every entity of county government	467
that is subject to the rules of a state agency; and every	468
contractual agent of a state agency.	469

To make available to any state agency responsible for	470
administering any of the following programs for purposes of	471
verifying program eligibility:	472

(1) Any Title IV-A program as defined in section 5101.80 of	473
the Revised Code;	474

(2) The medicaid program authorized by Chapter 5111. of the	475
Revised Code;	476

(3) The unemployment compensation program authorized by	477
Chapter 4141. of the Revised Code;	478

(4) The food stamp program authorized by section 5101.54 of	479
the Revised Code;	480

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	481
amended.	482

(C) The administration of the employment security program	483
under the director of job and family services.	484

Sec. 3121.899.  (A) The new hire reports filed with the	485
department of job and family services pursuant to section 3121.891	486
of the Revised Code shall not be considered public records for	487
purposes of section 149.43 of the Revised Code. The director of	488
job and family services may adopt rules under section 3125.51 of	489
the Revised Code governing access to, and use and disclosure of,	490
information contained in the new hire reports.	491

(B) The department of job and family services may disclose	492
information in the new hire reports to all of the following:	493

(1) Any child support enforcement agency and any agent under	494
contract with a child support enforcement agency for the purposes	495
listed in division (A) of section 3121.898 of the Revised Code;	496

(2) Any county department of job and family services and any	497
agent under contract with a county department of job and family	498
services for the purposes listed in division (B) of section	499
3121.898 of the Revised Code;	500

(3) Employees of the department of job and family services	501
and any agent under contract with the department of job and family	502
services for the purposes listed in divisions (B) and (C) of	503
section 3121.898 of the Revised Code;	504

(4) The administrator of workers' compensation for the	505
purpose of administering the workers' compensation system pursuant	506
to Chapters 4121., 4123., 4127., and 4131. of the Revised Code;	507

(5) To state agencies operating employment security and	508
workers compensation programs for the purpose of administering	509
those programs, pursuant to division (D) of section 3121.898 of	510
the Revised Code.	511

Sec. 3121.8910.  An employer that fails to make a new hire	512
report shall be required byliable to the department of job and	513
family services to pay a fee of not more thanfor a civil penalty	514
of twenty-five dollars for each failure to make a report.	515

If the failure to make a new hire report is the result of a	516
conspiracy between the employer and the employee not to supply the	517
report or to supply a false or incomplete report, the department	518
shall require the employer to pay a fee of not more thanshall be	519
liable for a civil penalty of five hundred dollars for each such	520
failure.	521

Sec. 3123.021.  If an obligor under a support order is	522
identified as being in default under the order and is also	523
identified under section 3121.895 of the Revised Code as obtaining	524
employment, the withholding notice issued under section 3121.03 of	525
the Revised Code in accordance with section 3121.896 of the	526
Revised Code shall require the arrearage amount resulting from the	527
default to be withheld in addition to current support amounts.	528

If an obligor under a support order is identified as being in	529
default under the order and is also identified through a source	530
other than section 3121.895 of the Revised Code as obtaining	531
employment, the child support enforcement agency administering the	532
order shall send a withholding notice to the employer pursuant to	533
section 3121.03 of the Revised Code, unless the employee's income	534
is not subject to withholding, not later than two business days	535
after discovery of the employment. The withholding notice shall	536
require the arrearage amount resulting from the default to be	537
withheld in addition to current support amounts.	538

Section 3123.21 of the Revised Code applies to a withholding	539
notice issued in accordance with this section beginning on the	540
date it is issued and ending on the date the period of default	541
ends.	542

Sec. 3125.141. In providing for service of process of a	543
notice or order as required under this chapter or Chapter 3111.,	544
3115., 3119., 3121., or 3123. of the Revised Code and in locating	545
the individual to be served, a child support enforcement agency	546
may do one or both of the following:	547

(A) Contract with the sheriff of the county served by the	548
agency to compensate the sheriff's office for the provision of	549
services, staff, or equipment, or for the performance of actions,	550
on behalf of the child support enforcement agency to accomplish	551
the objectives of the support enforcement program pursuant to	552
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	553
U.S.C. 651, et. seq., as amended, any regulations adopted under	554
that act, and state law;	555

(B) Contract with a private person or entity to provide	556
service of process for the agency if the agency determines that	557
the sheriff of the county served by the agency is unable to	558
provide the resources necessary for service of process in a timely	559
manner. The contract may include additional incentives for	560
successful service of process.	561

Section 2. That existing sections 311.17, 3121.03, 3121.0310,	562
3121.091, 3121.59, 3121.64, 3121.89, 3121.891, 3121.892, 3121.893,	563
3121.894, 3121.895, 3121.897, 3121.898, 3121.899, 3121.8910, and	564
3123.021 and sections        Sec. 3121.60. ,        Sec. 3121.63. , and        Sec. 3121.896.  of the	565
Revised Code are hereby repealed.	566

Section 3. The amendments to sections 3121.03, 3121.0310,	567
3121.091, 3121.59, 3121.64, 3121.89, 3121.891, 3121.892, 3121.893,	568
3121.894, 3121.895, 3121.897, 3121.898, 3121.899, 3121.8910, and	569
3123.021, the enactment of new section 3121.896, and the repeal of	570
sections 3121.60, 3121.63, and 3121.896 of the Revised Code shall	571
take effect on the ninetieth day after the effective date of this	572
act.	573

Section 4. This act is hereby declared to be an emergency	574
measure necessary for the immediate preservation of the public	575
peace, health, and safety. The reason for such necessity is that	576
its immediate effect will avoid problems with federal audits of	577
contracts between child support enforcement agencies and county	578
sheriffs regarding service of process. Therefore, this act shall	579
go into immediate effect.	580