Bill Text: MI SB1001 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family law; child support; fee for collecting and processing child support withholdings; provide for. Amends sec. 23 of 1982 PA 295 (MCL 552.623).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2012-12-27 - Assigned Pa 0357'12 [SB1001 Detail]

Download: Michigan-2011-SB1001-Engrossed.html

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SB-1001, As Passed Senate, May 17, 2012

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1001

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1982 PA 295, entitled

 

"Support and parenting time enforcement act,"

 

by amending section 23 (MCL 552.623), as amended by 1998 PA 334.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 23. (1) A source of income shall not use a notice of

 

income withholding as a basis for refusing to employ, discharging,

 

taking disciplinary action against, or imposing a penalty against a

 

payer. A source of income who refuses to employ, discharges,

 

disciplines, or penalizes a payer in violation of this section is

 

guilty of a misdemeanor, punishable by a fine of not more than

 

$500.00, and shall be required to make full restitution to the

 

aggrieved payer, including reinstatement and back pay.

 

     (2) A source of income shall not use the suspension, as

 

provided for in this act, of an occupational license, driver's

 

license, or recreational or sporting license as the basis for

 

refusing to employ, discharging, taking disciplinary action

 

against, or imposing a penalty against a payer unless the suspended

 

license is legally required for the payer's performance of the job.

 

This act does not prevent a source of income from refusing to

 

employ or discharging an individual whose occupational license,

 

driver's license, or recreational or sporting license is suspended

 

if that license is a necessary predicate to engage in that

 

occupation, vocation, or profession.

 

     (3) A source of income may charge and collect from a payer a

 

fee in response to a notice of income withholding as follows:

 

     (a) If a source of income submits income withholding payments

 

by electronic means, the source of income may charge the payer a

 

fee of $1.00 each time the source of income withholds payment from

 

the payer, but not to exceed $2.00 per month.

 

     (b) If a source of income submits income withholding payments

 

by other than electronic means, the source of income may charge the

 

payer a fee of $2.00 each time the source of income withholds

 

payment from the payer, but not to exceed $4.00 per month.

 

     (4) The fee authorized in subsection (3) shall be collected

 

separately and apart from the income withheld for child support.

 

     (5) Charging or collecting a fee under subsection (3) is not a

 

violation of subsection (1).