Bill No.: HB0190 Drafter: JHR

 

LSO No.: 09LSO-0460 Effective Date: 7/1/2009

 

Enrolled Act No.: HEA0090

 

Chapter No.: 155

 

Prime Sponsor: Representative Throne

 

Catch Title: Driver's license suspensions-child support.

 

Subject: Modifies procedures related to suspension of drivers' licenses for nonpayment of child support.

 

Summary/Major Elements:

         Under current law, the Department of Family Services (DFS) may seek to have an obligor's driver's license suspended, either administratively or judicially, for nonpayment of child support, subject to specified appeals procedures.

         This bill:

o        Eliminates specified appeals procedures that an obligor may employ [e.g. a record review by the Department of Transportation (WyDOT)];

o        Authorizes DFS to seek an administrative (WyDOT) suspension of the obligor's driver's license if the obligor owes more than $5,000.00 in arrearages for 90 days or more;

o        Amends various time frames for nonpayment of child support, including: establishing the 90 day period triggering the notice of potential administrative suspension; reducing the time from 90 to 60 days after the notice of potential suspension is sent to an obligor that his driver's license will be suspended, unless he pays the entire arrearage, enters into an approved payment plan or is in full compliance with a court-ordered payment plan; increases from 30 to 60 days from the date of service of notice of intent to suspend a license for an obligor to request a hearing to appeal the decision;

o        Authorizes appeal of an administrative suspension in the district court where the child support order was issued (previously, appeal could also be taken in the obligor's county of residence or in Laramie County for a nonresident of the State);

o        Requires DFS to advise the obligor of his right to appeal specified matters to district court;

o        Authorizes the court or WyDOT to allow limited driving privileges for up to 120 days;

o        Requires DFS to notify WyDOT when an obligor has paid his arrearages in full or has entered into a payment plan with DFS, and to request WyDOT to return the driver's license to the Obligor;

o        Repeals obsolete provisions relating to DFS' authority relating to suspension of drivers' licenses.