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House amends and passes bill allowing ORS electronic withdrawal for child support collection

Utah House of Representatives · January 19, 2007
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Summary

After technical drafting concerns and a friendly amendment changing 'and' to 'or' in custody withholding language, the House passed HB 18, which allows the Office of Recovery Services to collect child support via electronic withdrawals and reduces employer involvement in routine withholding. Vote: 60‑0, 15 absent.

The Utah House passed HB 18 on Friday after lawmakers debated technical drafting in a provision that would have made certain withholding requirements mandatory unless the court found otherwise.

Representative Julie Fisher, sponsor, said HB 18 allows noncustodial parents the option to pay child support electronically through their banking services and removes the routine requirement for employers to be the intermediary for withholding in many cases. "The biggest advantage to this is that the means of child support will now be collected without involving an employer," Fisher said on the floor, adding that the change can increase privacy for obligors and speed payments to custodial parents.

Representative McKiff raised a drafting concern about lines 35–39, specifically whether the connecting word should be 'and' (making both provisions mandatory) or 'or' (allowing either the court order or a written agreement). McKiff and the sponsor discussed circling the bill while staff reviewed the language; the bill was circled and later uncircled after the parties agreed to change the word to 'or.' Representative McKiff moved the amendment to bracket 'and' and insert 'or'; the amendment was treated as friendly, adopted, and the bill proceeded.

Supporters said the measure benefits both custodial and noncustodial parents by streamlining payments and avoiding employer involvement, while congressional staff and ORS staff reviewed language to ensure federal conformity. After amendment and final passage, the Speaker announced HB 18 passed the House with 60 yes votes, 0 no, 15 absent, and will be referred to the Senate as amended.

Next steps: The bill was passed as amended; sponsors said they had consulted legislative counsel and ORS staff and believed the 'and'→'or' change satisfied federal requirements. Further technical review may continue in committee or on the Senate side.