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 |
(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 |
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 |
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) 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 |
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 |
(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 |
(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 |
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. 3121.59. 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 |
(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 |
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 |
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. 3121.895. 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. 3121.897. 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 |
(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 |
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 |
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 |
(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 |
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 |