HB319.html

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of "court order for child support"; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable application fee; to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; to provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers´ licenses, so as to provide for other information to be included in an application for a driver´s license; to provide for related matters; to repeal conflicting laws; and for other purposes.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:
"(1) 'Court order for child support' means ~~any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise~~ any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter."

Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
"(c) The department shall accept applications for child support ~~enforcement~~ services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act."

Said title is further amended by adding following subsection (d) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
"(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act."

Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the department´s duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
"(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection.
(d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section ~~or in any action in which the department appears pursuant to subsection (b) of this Code section~~ shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."

Said title is further amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, and inserting in its place the following:
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety shall require an applicant for a driver´s license, a commercial driver´s license, a learner´s permit, or an identification card to provide to the Department of Motor Vehicle Safety the applicant´s social security number or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any driver´s license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service. If the Immigration and Naturalization Service status of such person is terminated or expired, any Georgia driver´s license issued to such person shall be revoked. The Department of Motor Vehicle Safety shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a driver´s license, a commercial driver´s license, a learner´s permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support."

Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(b)(1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support ~~order which is being enforced under this chapter~~, as defined in paragraph (1) of Code Section 19-11-3, of ~~their~~ the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation."

Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
"(c)(1) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification ~~child support orders, judicial and administrative in origin, which are subject to enforcement~~ under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved."
"(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15."

Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section."

Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers´ licenses, is amended by striking subsection (c) of Code Section 40-5-25, relating to application and fees for drivers´ licenses, and inserting in its place the following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant´s identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant´s record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."