STATE

LEGISLATIVE STATUS

LICENSES AFFECTED

"TRIGGER" CRITERIA

"MATCH" PROCESS

INTERSTATE CASES

INTERIM PENALTY PROVISIONS

ARKANSAS

Enacted 4/20/93. Not yet implemented.

Commercial drivers, occupational, professional, and business licenses

6 months delinquency

Procedures being written

Not specified

60 day temporary license until make arrangements to pay.

ARIZONA

Enacted 6/18/90 and 1993 also. Limited implementation.

Professional, business, trade, and sporting licenses

Contempt of court

None

Yes

Temporary provision and grace period allowed.

CALIFORNIA

Enacted 11/1/92. Has been implemented.

Commercial drivers, professional, business, trade, and sporting licenses

30 day delinquency

Local district attorneys identify cases & forward them to the State IV-D agency which matches tapes with licensing boards periodically.

Yes

A one-time temporary license can be issued for 150 days.

FLORIDA

Enacted; effective 7/1/93. Not yet implemented.

Drivers licenses, vehicle registration, teachers, professional, business, and trade licenses

Upon court order

Procedures being written

Yes

If noncustodial parent fails to reach agreement to pay, court may order suspension.

IDAHO

Failed to pass; will be reintroduced in 1994 with changes.

Drivers licenses, vehicle registration, and sporting licenses

Drivers, hunting, and fishing licenses triggered by 3 month delinquency or $500 owed for AFDC reimbursement. Vehicle registration triggered by $100 unpaid support.

Drivers licenses & vehicle registrations conduct online matches with motor vehicle dept. Matches with fish and game authorities are manual.

Yes

Not applicable

ILLINOIS

Enacted; effective 1/92. Implementation in process.

Drivers licenses, vehicle registration, professional, business, trade, and sporting licenses

30 day delinquency

Not yet determined

Yes

Not yet determined

INDIANA

Proposed

Drivers, professional, and trade licenses

$2,000 arrearage and a court finding that it was deliberate.

Unknown

Unknown

Suspended until payment arrangements are made.

KANSAS

Failed to pass

Drivers licenses

Contempt of court finding and judge's decision to restrict.

Case-by-case basis

Yes

Restrictions in effect 90 days to 1 year as specified in order unless purged.

MAINE

Enacted and effective 7/1/93. Beginning implementation.

Drivers, professional, business, trade, and sporting licenses

90 days in arrears, not complying with an agreement to pay on arrears, or failure to comply with an order to pay health insurance.

Professional licensing authorities will submit a list of licensees annually to IV-D. IV-D will match with motor vehicle dept. when an action is initiated against a delinquent obligor.

Yes

After a warning notice and 20 days to appeal, the license will be revoked or its renewal denied.

MASSACHUSETTS

Enacted & proposed. Not yet implemented.

Enacted--professional & trade licenses; proposed--expanded professional & trade licenses, as well as drivers licenses, vehicle registration, and sporting licenses

Enacted--no trigger criteria specified. Proposed--$500 arrearage. Drivers only--$500, contempt for failure to appear, & warrant issued.

IV-D will send tapes to licensing authority.

Yes

IV-D will stop proceedings upon acceptance of a payment plan.

MICHIGAN

Several proposed bills

Drivers licenses, vehicle registration, professional, business, and trade licenses

Unknown

Unknown

Unknown

Unknown

MINNESOTA

Enacted and implemented 5/1/92

Professional and trade licenses

Upon petition of the obligee or IV-D agency and the court finds the obligor is in arrears.

None

No system for out-of-State cases.

Maximum 2 year probation for cases of extreme hardship.

MONTANA

Enacted; effective 10/1/93. Implementation planning is in process.

Drivers licenses, vehicle registration, professional, business, and trade licenses. Sporting licenses may also be included, but their inclusion are currently in dispute.

An amount equal to at least a 6-month arrearage

IV-D agency will issue an order to suspend the license & to refrain from the activity. This order is manually sent to the licensing authority to implement the suspension. Automated tape matches are being explored.

Yes

Allow 60-day grace period to appeal or make satisfactory arrangements for payment. After a hearing, IV-D may issue a stay for significant hardship to the individual, his or her employees, dependents, etc.

NEVADA

Enacted 7/1/93; effective 10/1/93. Manual implementation spring 1994 & automated implementation 10/95

Occupational and professional licneses and permits

Action against licensees is at the discretion of the licensing authorities.

IV-D can request lists of license holders from licensing authorities.

Yes

Not yet determined

NEW JERSEY

Proposed

Drivers, professional, business, & trade licenses

Drivers licenses triggered by court finding of contempt for nonpayment of support or issuance of a warrant for failure to appear. Other licenses are triggered by 6 month arrearages.

Not yet determined

Yes

Not yet determined

NEW YORK

Failed to pass

Drivers licenses

Arrearages equal to or greater than 4 months

Automated

Yes, when NY is the responding State

Obligor is given 45 days to appeal & make payment arrangements

NORTH DAKOTA

Failed to pass

Professional licenses

Court will issue an order to licensing authority upon finding of arrears.

Not determined

Not determined

In cases of extreme hardship, the obligor may continue to practice for 2 years on probation if he or she is making payments as ordered.

OKLAHOMA

Enacted 6/1/93. Not yet implemented.

Professional & trade licenses

3 months in arrears

Procedures being written

Not specified

Not yet determined

PENNSYLVANIA

Enacted 7/2/93. Requirements shall take effect in 60 days.

Professional & trade licenses

3 months in arrears

Court order to licensing authority

Will request that the Supreme Court Rules Committee determine the effect of this Act on foreign orders.

Not applicable

SOUTH DAKOTA

Enacted. Effective and scheduled for implementation 7/93.

Drivers, professional, and occupational/trade licenses

Accumulated arrearage of $1,000 or more

Monthly automated matches will be completed between the Department of Commerce and Regulation and the State

IV-D agency computer systems.

Yes, if the initiating State requests the restriction as part of a URESA action and the noncustodial parent resides in SD and is licensed by the State.

A 180-day extension of driving privileges is provided and the license is subsequently restricted unless payment arrangements have been made.

TEXAS

Failed to pass

Drivers, professional, business, and trade licenses

30 day delinquency

Not yet determined

Not yet determined

Not yet determined

VERMONT

Enacted 7/1/90. Limited implementation.

Professional, business, and trade licenses

1 month in arrears or not meeting the repayment schedule

Licensing agencies require applicants to complete a self-attesting form.

No

Waiver for good cause

WEST VIRGINIA

Failed to pass

Professional licenses

30 day arrearage

Not available

If the obligor wants a license in WV

A petition contesting license denial must be made within 30 days. Denial may be lifted upon payment in full or a mistake of fact.

WISCONSIN

Proposed with an effective date of 1/1/96.

Vehicle registration & professional licenses

Nomininum

In development

Yes

Temporary professional credentials can be issued.

STATE

LEGISLATIVE

STATUS

REPORT TO/TIMEFRAME

METHOD OF

TRANSMISSION

ADDITIONAL

INFORMATION REPORTED*

ALL EMPLOYERS

OR

TARGETED EMPLOYERS

SELF-DISCLOSURE

PENALTY FOR

EMPLOYERS

ALASKA

Enacted summer 1991; effective 1/1/92. Sunset 1/95. A grant project funded in 10/91 to monitor.

IV-D agency within 5 days of hire. (Some report monthly.)

W-4, tape, other documentation, employer report, form developed for small businesses (most use computer generated form).

Wage, employee's address, date of birth, some medical support information

Targeted employers in 3 phases: 30 largest, industries with seasonal employees, and select employers by industry code.

Yes, but no written procedures

Yes

ARIZONA

Failed to pass

IV-D agency in 1-5 working days of hire

W-4, magnetic tape, other paper documentation

Wage, employee's address, date of birth, availability and type of medical coverage

All employers

Yes

No

ARKANSAS

Failed to pass

Unknown

Possible electronic transfer

Not specified

All employers

Yes

No

CALIFORNIA

Enacted 9/92; effective and scheduled for implementation 4/93.

SESA within 30 days of hire

W-4, other methods, creating new form

Employer's name,

address, and account number

Targeted employers: automotive services, construction, health & business services, building and special trade contractors, restaurants, lodging places, movies, engineering & management services, landscape services, wholesale trade.

No

Yes

COLORADO

Draft was not introduced; however, CO plans to propose legislation next year.

IV-D agency within 5 working days of hire

W-4, other means authorized by the State IV-D agency

Employee's address, date of birth; employer's name and address, employment security reference number or unified business identifier number

Targeted employers: mining, construction, manufacturing and services

No

No

CONNECTICUT

Failed to pass

IV-D agency within 14 days of hire

W-4

Employee's address; other: whether or not a child support order is in effect, amount of order, to whom order is payable, name of children for whom medical insurance has been ordered

All employers

Yes

Yes

GEORGIA

Enacted; effective and scheduled for implementation 7/93.

IV-D agency within 5 days of hire

W-4, other paper documentation

Employee's address and date of birth

Targeted employers: employers doing business with seven or more employees.

No

Yes

HAWAII

Effective in 1976. Implementation date 1976.

SESA within 5 days of hire

Other paper documentation, (SESA form)

Wage, employee's address

All employers

No

Yes

IOWA

Enacted 7/1/93. Effective and scheduled for implementation 1/1/94.

IV-D agency within 10 days of hire

W-4, magnetic tape

Employee's address and date of birth, employer's name and employer identification number, availability of health insurance

All employers

No

Yes

KANSAS

Carried over to 1994 session.

IV-D agency within 10 days of hire

W-4, other paper documentation, telephone, any method authorized by

IV-D Director.

Employee's address and date of birth

Targeted employers: agricultural services, mining, construction, transportation, retail, local government.

Not in W-4 bill. Income Withholding Act already provides a mechanism for voluntary deductions.

No

MAINE

Proposed

IV-D agency within 7 days of hire

W-4, tape, or by other means as mutually agreed

Employee's address and date of birth; employer's name, address, and employment security reference number or unified business identifier number

All employers

No

Yes

MASSACHUSETTS

Enacted; effective and scheduled for implementation 3/93.

IV-D agency within 14 days of hire

W-4 form

Employee's address

All employers

No

Yes

MICHIGAN

Legislation reintroduced

IV-D agency (timeframe not specified)

Paper documentation (not W-4)

None

All employers

Yes

No

MINNESOTA

Enacted and effective 8/87.

IV-D agency (timeframe not specified)

Paper documentation, telephone

Wages

All employers

Yes

No

MISSISSIPPI

Failed to pass

IV-D agency can request employment information on any nonsupportingparent from any State agency, employer, or payor.

Not applicable

All information relative to the location, employment, income, and property of non-supporting parent

All employers

Not applicable

Yes

MISSOURI

Enacted 5/26/93. Implementaion date 8/28/93.

Department of Revenue within 30 days of completion of form. Revenue forwards forms to IV-D weekly.

Copy of the withholding form (W-4) sent to Department of Revenue.

Employees are required to set forth their legal obligation for support of a child.

All employers

Yes

No

MONTANA

Failed to pass

Monthly to the IV-D agency

Paper documentation or via computer on a form or in a format supplied by IV-D agency.

Employee's address, and date of birth; employer's name, address, and employment security reference number or unified business identifier number

Targeted employers: IV-D agency would decide which employers are included; however, an exception is provided for businesses with fewer than 10 total employees or contractors.

No

Yes

OREGON

Legislation introduced. Passed the Senate 5/28/93. Scheduled for House hearing 6/22/93.

IV-D agency within 14 days.

All methods (mail or other means to be determined).

Employer's name, address, and ES reference or unified business identifier number

Targeted employers: general building contractors, special trade contractors, lumber and wood products, trucking and warehousing, wholesale durable goods, auto dealers and service stations, business services and auto repair services and garages.

No

No

PENNSYLVANIA

Legislation introduced 11/92.

Employers report to Dept. of Labor and Industry within 2 weeks of person's employment.

Tape, electronic transmissions, paper

Basic demographics

All employers

No

Unknown

TEXAS

Enacted; effective 9/1/93. Implementation date 9/1/93. This law is voluntary only.

IV-D agency within 10 work days of hire or rehire

W-4 or electronic transmission of data

Employee's address, date of birth, and salary; employer's name, address, and employer identification number

Targeted--to be determined

No

No

UTAH

Failed to pass. Plans are underway to reintroduce a legislative proposal next year.

IV-D agency within 10 business days of hire

Written or electronic notice

Other information deemed necessary to proceed with income withholding

Not addressed in failed statute

Will be prescribed in State's rules

Yes

VIRGINIA

Enacted. Effective and scheduled for implementation 7/1/93.

SESA within 35 days of hire (SESA must send to IV-D within 21 days of hire)

W-4, magnetic tape, other methods

Employee's address; employer identification number and address

All employers

Yes

No

WASHINGTON

Effective and implementated date 7/90.

IV-D agency within 35 days of hire

All methods, fax, computer printouts

Employee's date of birth

Targeted employers: construction, manufacturers of heavy equipment, business services, health services.

No

Yes

WEST VIRGINIA

Enacted; effective 3/92. Implementation date 1/93.

IV-D agency within 35 days of hire

All methods, fax, diskette

Employee's address; employer's Federal tax identification number, payroll office address

All employers

No

Yes

WISCONSIN

Proposed

Not applicable

Not applicable

Not applicable

All employers

Yes

No