CHILD SUPPORT/DEPENDENT HEALTH CARE - S.B. 317 (S-3)-322 (S-1): FLOOR ANALYSIS



Senate Bill 317 (Substitute S-3 as reported by the Committee of the Whole)

Senate Bill 318 (Substitute S-2 as reported)

Senate Bills 319 through 322 (Substitutes S-1 as reported)

Sponsor: Senator Bev Hammerstrom (Senate Bills 317-319)

Senator Shirley Johnson (Senate Bills 320-322)

Committee: Families, Mental Health and Human Services


CONTENT


Senate Bill 317 (S-3) would amend the Support and Parenting Time Enforcement Act to incorporate in that Act child support order provisions that would be deleted and repealed from several other statutes by the other proposals. The bill specifies that, even if another Michigan statute provided that the Support and Parenting Time Enforcement Act applied to support orders issued under that other law, if the other law contained a specific provision regarding the contents or enforcement of the support order that conflicted with the Support and Parenting Time Enforcement Act, the other law would control in regard to that provision.


In addition, the bill would require that an order or notice for dependent health care coverage comply with standards of the National Medical Support Notice. By certain deadlines, the Friend of the Court would have to notify employers, and employers would have to notify insurers, of an order for dependent health care coverage. Every support order would have to include notice that an order for dependent health care coverage would take effect immediately and be sent to the parent's employers and insurers, if appropriate, as well as inform the parent that he or she could request a review or hearing concerning availability of health care coverage at a reasonable cost.


Senate Bills 318 (S-2) through 322 (S-1) would amend various statutes to delete child support order provisions that would be included in the Support and Parenting Time Enforcement Act under Senate Bill 317 (S-3). The bills would repeal a section in each of those statutes that provides for support orders for children who are not minors, under certain circumstances. The bills, instead, would refer to the child support order provisions codified in the Support and Parenting Time Enforcement Act. Each bill also specifies that if the statute it would amend contained a specific provision regarding the contents or enforcement of a support order that conflicted with a provision in the Support and Parenting Time Enforcement Act, the other statute would control in regard to that provision.


Senate Bill 318 (S-2) also would replace provisions referring to the marriage of a person who was "insane", an "idiot", or a "lunatic", with provisions referring to the marriage of a person who, at the time of marriage, was not capable in law of contracting.


Senate Bill 318 (S-2) would amend Chapter 84 of the Revised Statutes of 1846, which regulates divorce; Senate Bill 319 (S-1) would amend the Child Custody Act; Senate Bill 320 (S-1) would amend the Paternity Act; Senate Bill 321 (S-1) would amend the emancipation of minors law; and Senate Bill 322 (S-1) would amend the Family Support Act.


Senate Bill 317 (S-3) is tie-barred to Senate Bills 318 through 322, which are tie-barred to Senate Bill 317. The bills would take effect on September 30, 2001.


MCL 552.603 et al. (S.B. 317) - Legislative Analyst: P. Affholter

552.1 et al. (S.B. 318)

722.27 (S.B. 319)

722.717 et al. (S.B. 320)

722.3 (S.B. 321)

552.452 (S.B. 322)


FISCAL IMPACT


Senate Bill 317 (S-3) could result in additional administrative costs (due to notice provisions and additional hearings) to local units of government. According to the Family Independence Agency, the changes to implement the National Medical Support Notice are necessary to avoid the loss of Federal funds.


Date Completed: 4-19-01 - Fiscal Analyst: B. BowermanFloor\sb317

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.