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