05 LC 33
0575
Senate
Bill 52
By:
Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the
32nd, Wiles of the 37th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating
to debt to state created by payment of public assistance, so as to provide for
the waiver, reduction, or negotiation of the payment of unreimbursed public
assistance under certain circumstances; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to
state created by payment of public assistance, is amended by striking such Code
section in its entirety and inserting in lieu thereof the
following:
"19-11-5.
(a)
The payment of public assistance to or on behalf of a child creates a debt due
and owing the state by the parent or parents responsible for the support of the
child. The amount of the debt is the amount necessary to meet the total needs of
the child or children and the person having custody, if included in the public
assistance grant, as determined by the department in conformity with the federal
Social Security Act; provided, however, that, where a court has ordered child
support incident to a final divorce or in a criminal proceeding for nonsupport
or where the responsible parent has entered into a legally enforceable and
binding agreement, the debt created shall be equal to the amount set in such
decree, order, hearing, or agreement.
(b)
The department, in accordance with rules established by the Board of Human
Resources, shall be authorized to waive, reduce, or negotiate the payment of
unreimbursed public assistance if it is determined that good cause for
nonpayment exists or that enforcement of the claim would result in substantial
and unreasonable hardship to the parent or parents responsible for the support
of the child against whom the claim exists. The rules established by the Board
of Human Resources shall consider the ability of the responsible party to
support the child or children during the period that public assistance was
provided and the current history of regularity of payment by the responsible
party. This subsection shall not apply to any court order or decree requiring
the repayment of public assistance; however, the department is authorized to
petition the court for consideration of a modification of an order or decree
based on factors contained in this subsection and in the rules established by
the Board of Human Resources relating to such unreimbursed public
assistance."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.