84
th Legislative Session _ 2009
186ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter
25-7
be amended by adding thereto a NEW SECTION to read as
follows:
For the purposes of section 2 of this Act, the term, chronically delinquent, means the child
support is paid five or more days after the date the child support is due in each of three or more
months in any twelve-month consecutive period, or the child support paid is less than ninety percent
of the amount due in each of three or more months in any twelve-month consecutive period.
Section 2. That chapter
25-7
be amended by adding thereto a NEW SECTION to read as follows:
Any chronically delinquent obligor of a payment or installment of support under an order for
support, as defined in
§
25-7A-1, is subject to a late payment fee equal to ten percent of the ordered
child support or fifty dollars, whichever is greater, for each month in the preceding twelve months
that the payment was five or more days delinquent or the payment was less than ninety percent of
the ordered child support. Any obligee seeking the late payment fee shall file in the office of the
clerk of courts of the county in which the order was filed, or in a county in which a transcript of the
order is filed and docketed, a sworn statement or certificate showing the date of receipt of each
month of delinquent payment and the amount received and the amount due for the late payment fee.
The clerk of courts shall file and docket the statement or certificate with the order for support or
transcript thereof. The late payment fee is effective from the date and time of docketing the statement
or certificate in the office of the clerk of courts. The obligee shall send a copy of the docketed
statement or certificate by certified mail to the obligor at the obligor's most recent residential or
employer address on file with the tribunal as defined in
§
25-9B-101.
Section 3. That chapter
25-7
be amended by adding thereto a NEW SECTION to read as follows:
The obligor may petition the court to vacate the judgment entered by the clerk of courts pursuant
to section 2 of this Act. Any petition shall be filed within thirty days of the date of the certified
mailing of the docketed statement or certificate to the obligor. The obligor has the burden of showing
an inability to timely pay any delinquent payment. If the court determines that any delinquent
payment was caused by the inability of the obligor to timely pay the child support, the court may
vacate or amend the judgment for any month in which the court determines that the delinquent
payment was caused by an inability to pay.
Section 4. That chapter
25-7
be amended by adding thereto a NEW SECTION to read as follows:
The obligee shall send a copy of the statement or certificate pursuant to section 2 of this Act, to
the obligor at the obligor's most recent residential or employer address on file with the tribunal as
defined in
§
25-9B-101, by certified mail not less than ten days before filing the statement or
certificate with the clerk of courts. The obligee shall inform the obligor in the mailing that if payment
of the delinquent child support and late payment fee is received within ten days, the statement or
certificate will not be filed with the clerk of courts.".
186ra
In the previously adopted amendment (186ja), in the third sentence of Section 3, delete "an" and
insert "any alleged".
186rb
In the previously adopted amendment (186ja), in the fourth sentence of Section 3, after "If the
court determines" insert "that no delinquency exists or".
186rta
On page 1, line 2, of the printed bill, delete "unpaid child support" and insert "certain
chronically delinquent child support obligations".
Moved by: Gillespie
Second by: Heidepriem
Action: Prevailed by voice vote.
HB 1021: provide for a contested case hearing on the denial of a claim for the
recovery of an allegedly overpaid tax, penalty, or interest.
Presented by: Andrew Fergel, Department of Revenue & Regulation
MOTION:
DO PASS HB 1021
Moved by: Turbak Berry
Second by: Vehle
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Tieszen, Turbak Berry, Vehle, Abdallah
HB 1110: repeal certain provisions relating to limited liability for Y2K litigation.
Presented by: Representative Richard Engels
MOTION:
DO PASS HB 1110
Moved by: Tieszen
Second by: Schmidt
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Tieszen, Turbak Berry, Vehle, Abdallah
MOTION:
PLACE HB 1110 ON CONSENT CALENDAR
Moved by: Gillespie
Second by: Tieszen
Action: Prevailed by voice vote.
HB 1086: provide for and to require the attachment of an affidavit in certain
garnishment proceedings.
HB 1086 was previously heard on February 10, 2009
Presented by: Judith Roberts, Unified Judicial System
MOTION:
AMEND THE PENDING AMENDMENT
1086re
In the pending amendment (1086rd), delete:
On page 1, line 9, of the House Judiciary Committee engrossed bill, delete "
daily
" and insert
"
accrued
".
and insert:
On page 1, line 9, of the House Judiciary Committee engrossed bill, after "
daily
" insert "
and
accrued
".
1086rd
On page 1, line 6, of the House Judiciary Committee engrossed bill, overstrike "judgment" and
insert "
order
".
On page 1, line 7, overstrike "judgment" and insert "
order
".
On page 1, line 9, delete "
daily
" and insert "
accrued
".
On page 1, line 15, delete "
An agreement that the
" and insert "
The
".
1086rf
On page 1 of the House Judiciary Committee engrossed bill, delete line 15 and all amendments
thereto, and insert
"
(6) Any surplus shall be returned to defendant.
".