This bill instructs the Office of Recovery Services (ORS) to prioritize its child support collection efforts so that cases that have been provided public assistance would be their first priority. There is some question as to whether the State can implement such a priority process and not violate federal laws or regulations. ORS claims that such a priority process implies a priority of distribution of funds collected which in their view would violate federal law and could jeopardize Title IV-D and IV-A funds. From discussions with the Legislative General Counsel staff, this implication is weak. Federal law only requires that collection cases be handled within federal time lines. However, there is some concern that if the agency is required to prioritize their collection efforts, they would have increasing difficulty staying within federal time line standards on all cases. The penalty for non-compliance could amount to $26 million in federal funds for the child support program. There is some concern that all TANF (Temporary Assistance to Needy Families) funds would also be jeopardized ($77 million). The Analyst is showing no fiscal impact, but with some reservation about the real impact on federal funding.

Office of the Legislative Fiscal Analyst

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