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S. B. No. 170As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Harris
A BILL
To require each child support enforcement agency to
review child support orders to determine whether
federal law was complied with regarding state
income tax refund intercepts and to apply certain
provisions of federal law regarding assigned child
support amounts, to require the Department of
Job
and Family Services to distribute payments
consistent with the findings of the reviews, and to
make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section: (1) "ADC assistance" means assistance provided pursuant to
the former aid to dependent children program. (2) "Assistance group" and "Ohio works first" have the same
meanings as in section 5107.02 of the Revised Code. (3) "Child support order" has the same meaning as in section
3119.01 of the Revised Code. (4) "Support payee" means a person who is entitled to receive
support payments made under a child support order and with respect
to
whom both of the following apply:
(a) The person is a member of an assistance group that
applied for and began
participating in Ohio works first on or
after October 1, 1997. (b) Prior to the person's application for participation in
Ohio works first, a support arrearage accrued under the child
support order to which all of the
following apply: (i) The support arrearage was collected from payments on the
support arrearages
and not payments of current support. (ii) The support arrearage was not collected pursuant to
section 464
of Title
IV-D of the "Social Security Act," 95 Stat.
860 (1981),
42 U.S.C.
664, as amended. (iii) The support arrearage was collected on and after the
date the assistance group of which the person is a member
ceased
participating in Ohio works first.
(B)(1) Each county child support enforcement agency shall do
the following: (a) Conduct a review of all child support cases involving a
support payee the agency is administering or has administered and
apply, retroactive to October 1, 1997 through September 30, 2000,
the provisions of
section 457(a)(2)(B)(i)(II), (ii)(II), and (v)
of Title IV-D of
the "Social Security Act," 110 Stat. 2200 (1996),
42 U.S.C.
657(a)(2)(B)(i)(II), (ii)(II), and (v), as amended, to
the support payees' child
support orders to determine the amount
of assigned support and the
proper distribution of support
arrearage payments; (b) Conduct a review of all child support cases the agency
administered during the years 1997 through 2000 to determine
whether refunds of paid state income taxes
collected pursuant to
sections 3123.82 to 3123.823 and 5747.121 of
the Revised Code on
and after October 1, 1997, and before October
1, 2000, and
distributed to the state to reimburse ADC assistance
or Ohio works
first assistance were collected and distributed in
accordance with
section 457 of Title IV-D of the "Social Security
Act," 88 Stat.
2356 (1975), 42 U.S.C. 657, as amended. (2) Agencies shall conduct the reviews in accordance with
rules adopted by the Department pursuant to division (D) of this
section. If the Department of Job and Family Services takes action
against an agency pursuant to division (C) of section 5101.24 of
the Revised Code to require the agency to comply with all of the
requirements applicable to agency reviews under this section,
division (D) of that section shall not apply. (C)(1) Notwithstanding the Revised Code, any election made
by
the state pursuant to section 457(a)(6) of Title IV-D of the
"Social Security Act," 111 Stat. 626 (1997), 42 U.S.C. 657(a)(6),
as amended, or any court order establishing assigned support
arrearage amounts, and based on reviews conducted under division
(B)(1)(a) of this section, the Department shall distribute to
support payees payments that represent the amount of child support
arrearage payments that were distributed to the state instead of
the support payees and that would have been distributed to the
support payees if 42 U.S.C. 657(a)(2)(B)(i)(II), (ii)(II), and (v)
had been applied retroactive to October 1, 1997, through September
30, 2000. The payments to the support payees shall not be reduced
by
the federal share of the arrearage amount collected as provided
in
section 457 of Title IV-D of the "Social Security Act," 88
Stat.
2356 (1975), 42 U.S.C. 657, as amended, regardless of
whether the federal share is received by the state.
(2) If the review conducted pursuant to division (B)(1)(b) of
this section reveals payments that were incorrectly distributed to
the state, the Department shall redistribute the payments in
accordance with section 457 of Title IV-D of the "Social Security
Act," 88 Stat. 2356 (1975), 42 U.S.C. 657, as amended.
(3) Prior to completion of a case review under division
(B)(1)(a) of this section, the Department shall distribute to
support payees any assigned support collected and distributed to
the state on and after October 1, 2000, other than amounts
collected pursuant to section 464 of Title IV-D of the "Social
Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as amended.
Support payees receiving the payments under division (C)(3) of
this section shall not be required to repay those amounts to the
state if it is determined later that the payments should have been
retained by the state as assigned support. (4) On completion of a case review under division (B)(1)(a)
of this section and payment of the amounts required by divisions
(C)(1) and (3) of this section, if a support arrearage amount is
still subject to assignment, the Department shall collect and
distribute all support arrearage amounts in accordance with
section 457 of Title IV-D of the "Social Security Act," 88 Stat.
2356 (1975), 42 U.S.C. 657, as amended. (5) The Department shall pay, with each payment made pursuant
to this section, interest at the rate of six and one half per cent
per annum, if the interest amount exceeds ten dollars. (6) To the extent permitted under federal law, receipt of a
payment pursuant to this section shall not be treated as income to
the recipient for purposes of determining eligibility for benefits
from means-tested government administered programs, including Ohio
Works First; Prevention, Retention, and Contingency; Food Stamps;
Disability Assistance; or other assistance for which eligibility
is based on income or assets.
(D) The Department shall adopt internal management rules
pursuant to section 111.15 of the Revised Code to govern the
conduct of agency reviews under division (B) of this section. The
Department shall adopt rules pursuant to Chapter 119. of the
Revised Code governing the calculation and payment distributions
pursuant to division (C) of this section.
Section 2. The Director of Job and Family Services may
deposit into Fund 5T2, Child Support Special Payment Fund, which
is hereby created in the state treasury, up to $30.6 million of
earned federal funds that the state receives from the Food and
Nutrition Service in the United States Department of Agriculture,
for federal fiscal years 1997, 1998, 1999, and 2000, and up to
$10.0 million of quality control audit funds returned to the state
by the United States Department of Health and Human Services. The
funds deposited into Fund 5T2 are hereby appropriated to
appropriation item 600-652, Child Support Special Payment, and
shall be used in accordance with the provisions of this act,
including the costs associated with conducting the case reviews.
The Director of Job and Family Services shall determine when all
payments required by this act have been made and notify the
Director of Budget and Management, at which time the Director of
Budget and Management shall transfer all remaining funds in Fund
5T2 to the General Revenue Fund.
Section 3. The sections of law contained in this act, and the
items of law of which they are composed, are not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, sections of law
contained in this act, and the items of law of which they are
composed, go into immediate effect when this act becomes law.
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