BILL REQ. #:  H-4220.1 



_____________________________________________ 

SECOND SUBSTITUTE HOUSE BILL 2279
_____________________________________________
State of Washington62nd Legislature2012 Regular Session

By House Ways & Means (originally sponsored by Representatives Moeller, Pettigrew, Blake, Hasegawa, Carlyle, Fitzgibbon, Dickerson, and Ormsby)

READ FIRST TIME 02/07/12.   



     AN ACT Relating to implementing changes to child support based on the child support schedule work group report; amending RCW 26.19.011, 26.19.020, 26.19.065, 26.19.075, and 26.19.090; adding a new section to chapter 26.19 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) To comply with the federal requirement that all states review their child support laws every four years, the legislature has mandated that a child support work group be convened every four years to examine current laws, administrative rules, and practices regarding child support.
     (2) The 2011 child support schedule work group was convened in January and conducted a total of ten in-person meetings and numerous meetings using telephone conference calls. The work group produced a final report and recommendations in September 2011.
     (3) The work group's September 2011 final report and recommendations contain, among other things, a new economic table based on more current data and a formula for calculating adjustments to take into consideration children not before the court.
     (4) The legislature intends to implement recommendations made by the 2011 child support schedule work group.

Sec. 2   RCW 26.19.011 and 2005 c 282 s 35 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Basic child support obligation" means the monthly child support obligation determined from the economic table based on the parties' combined monthly net income and the number of children for whom support is owed.
     (2) "Child support schedule" means the standards, economic table, worksheets, and instructions, as defined in this chapter.
     (3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders.
     (4) "Deviation" means a child support amount that differs from the standard calculation.
     (5) "Economic table" means the child support table for the basic support obligation provided in RCW 26.19.020.
     (6) "Instructions" means the instructions developed by the administrative office of the courts pursuant to RCW 26.19.050 for use in completing the worksheets.
     (7) "Standards" means the standards for determination of child support as provided in this chapter.
     (8) "Standard calculation" means the presumptive amount of child support owed as determined from the child support schedule before the court makes any adjustments or considers any reasons for deviation.
     (9) "Support transfer payment" means the amount of money the court orders one parent to pay to another parent or custodian for child support after determination of the standard calculation, adjustments, and deviations. If certain expenses or credits are expected to fluctuate and the order states a formula or percentage to determine the additional amount or credit on an ongoing basis, the term "support transfer payment" does not mean the additional amount or credit.
     (10) "Worksheets" means the forms developed by the administrative office of the courts pursuant to RCW 26.19.050 for use in determining the amount of child support.
     (11) "Children not before the court" means children for whom support is not being determined in the current proceeding, but who are the children of one of the parents involved in the proceeding based on a parent-child relationship consistent with RCW 26.26.101, or who are the children of one of the parents based on a court order which established the parent as a de facto parent.

Sec. 3   RCW 26.19.020 and 2009 c 84 s 1 are each amended to read as follows:


((ECONOMIC TABLE
MONTHLY BASIC SUPPORT OBLIGATION
PER CHILD
KEY: A AGE 0-11 B AGE 12-18
 
COMBINED  
MONTHLYONETWO
NETCHILDCHILDREN
INCOMEFAMILYFAMILY 
  ABAB 
   
 For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2).
1000220272171211
1100242299188232
1200264326205253
1300285352221274
1400307379238294
1500327404254313
1600347428269333
1700367453285352
1800387478300371
1900407503316390
2000427527331409
2100447552347429
2200467577362448
2300487601378467
2400506626393486
2500526650408505
2600534661416513
2700542670421520
2800549679427527
2900556686431533
3000561693436538
3100566699439543
3200569704442546
3300573708445549
3400574710446551
3500575711447552
3600577712448553
3700578713449554
3800581719452558
3900596736463572
4000609753473584
4100623770484598
4200638788495611
4300651805506625
4400664821516637
4500677836525649
4600689851535661
4700701866545673
4800713882554685
4900726897564697
5000738912574708
5100751928584720
5200763943593732
5300776959602744
5400788974612756
5500800989622768
56008121004632779
57008251019641791
58008371035650803
59008501050660815
60008621065670827
61008751081680839
62008871096689851
63008991112699863
64009111127709875
65009241142718887
66009361157728899
67009491172737911
68009611188747923
69009741203757935
70009861218767946
71009981233776958
720010091248785971
730010211262794982
740010331276803993
7500104412908121004
7600105513058211015
7700106713198301026
7800107813338391037
7900108913468481048
8000110013608571059
8100111213748651069
8200112313878741080
8300113414018821091
8400114414148911101
8500115514288991112
8600116614419081122
8700117714549161133
8800118714679251143
8900119814819331153
9000120814939411163
9100121915069491173
9200122915199571183
9300123915329661193
9400125015459741203
9500126015579821213
9600127015709891223
9700128015829971233
98001290159410051242
99001300160610131252
100001310161910211262
101001319163110281271
102001329164310361281
103001339165510441290
104001348166610511299
105001358167810591308
106001367169010661318
107001377170110731327
108001386171310811336
109001395172410881345
110001404173610951354
111001413174711021363
112001422175811101371
113001431176911171380
114001440178011241389
115001449179111311398
116001458180211381406
117001467181311451415
118001475182311511423
119001484183411581431
120001492184411651440


COMBINED   
MONTHLYTHREEFOURFIVE
NETCHILDRENCHILDRENCHILDREN
INCOMEFAMILYFAMILYFAMILY
 ABABAB
        
  For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2).
1000 143177121149105130
1100 157194133164116143
1200 171211144179126156
1300 185228156193136168
1400 199246168208147181
1500 212262179221156193
1600 225278190235166205
1700 238294201248175217
1800 251310212262185228
1900 264326223275194240
2000 277342234289204252
2100 289358245303213264
2200 302374256316223276
2300 315390267330233288
2400 328406278343242299
2500 341421288356251311
2600 346428293362256316
2700 351435298368259321
2800 356440301372262324
2900 360445305376266328
3000 364449308380268331
3100 367453310383270334
3200 369457312386272336
3300 371459314388273339
3400 372460315389274340
3500 373461316390275341
3600 374462317391276342
3700 375463318392277343
3800 377466319394278344
3900 386477326404284352
4000 395488334413291360
4100 404500341422298368
4200 413511350431305377
4300 422522357441311385
4400 431532364449317392
4500 438542371458323400
4600 446552377467329407
4700 455562384475335414
4800 463572391483341422
4900 470581398491347429
5000 479592404500353437
5100 487602411509359443
5200 494611418517365451
5300 503621425525371458
5400 511632432533377466
5500 518641439542383473
5600 527651446551389480
5700 535661452559395488
5800 543671459567401495
5900 551681466575407502
6000 559691473584413509
6100 567701479593418517
6200 575710486601424524
6300 583721493609430532
6400 591731500617436539
6500 599740506626442546
6600 607750513635448554
6700 615761520643454561
6800 623770527651460568
6900 631780533659466575
7000 639790540668472583
7100 647800547677478591
7200 654809554684484598
7300 662818560693490605
7400 670828567701496613
7500 677837574709502620
7600 685846581718507627
7700 692855587726513634
7800 700865594734519642
7900 707874601742525649
8000 714883607750531656
8100 722892614759536663
8200 729901620767542670
8300 736910627775548677
8400 743919633783553684
8500 750928640791559691
8600 758936646799565698
8700 765945653807570705
8800 772954659815576712
8900 779962665822582719
9000 786971672830587726
9100 792980678838593732
9200 799988684846598739
9300 806996691854604746
9400 8131005697861609753
9500 8201013703869614759
9600 8261021709877620766
9700 8331030716884625773
9800 8401038722892631779
9900 8461046728900636786
10000 8531054734907641793
10100 8591062740915647799
10200 8661070746922652806
10300 8721078752930657812
10400 8791086758937662819
10500 8851094764944668825
10600 8911102770952673832
10700 8981109776959678838
10800 9041117782966683844
10900 9101125788974688851
11000 9161132794981693857
11100 9221140799988698863
11200 9281147805995703869
11300 93411558111002708876
11400 94011628171009714882
11500 94611708221017719888
11600 95211778281024723894
11700 95811848341031728900
11800 96411918391038733906
11900 97011998451045738912
12000 97512068511051743919))


ECONOMIC TABLE
MONTHLY BASIC SUPPORT OBLIGATION
PER CHILD
COMBINED
MONTHLY
NET
INCOME

ONE
CHILD
FAMILY

TWO
CHILDREN
FAMILY
For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2).
1000216167
1100238184
1200260200
1300281217
1400303234
1500325251
1600346267
1700368284
1800390301
1900412317
2000433334
2100455350
2200477367
2300499384
2400521400
2500543417
2600565433
2700587450
2800609467
2900630483
3000652500
3100674516
3200696533
3300718550
3400740566
3500762583
3600784599
3700803614
3800816624
3900830634
4000843643
4100857653
4200867660
4300877668
4400887675
4500896682
4600906689
4700916697
4800927705
4900939714
5000951723
5100963732
5200975741
5300987750
5400999759
55001011768
56001023777
57001030782
58001036786
59001042791
60001048795
61001054800
62001061804
63001067809
64001073813
65001081819
66001096830
67001111842
68001126853
69001141864
70001156875
71001170886
72001185898
73001200909
74001212918
75001222925
76001231932
77001241939
78001251946
79001261953
80001270960
81001280968
82001290975
83001299981
84001308987
85001316994
860013251000
870013341007
880013431013
890013521019
900013611026
910013701032
920013791040
930013871047
940013961055
950014051062
960014141069
970014231077
980014321084
990014411092
1000014511099
1010014621107
1020014731114
1030014841122
1040014951129
1050015071136
1060015181144
1070015291151
1080015391159
1090015421161
1100015451164
1110015481166
1120015511169
1130015541172
1140015561174
1150015591177
1160015621179
1170015651182
1180015681184
1190015711187
1200015731190


 
COMBINED
MONTHLY
NET
INCOME

THREE
CHILDREN
FAMILY

FOUR
CHILDREN
FAMILY

FIVE
CHILDREN
FAMILY
For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2).
1000136114100
1100150125110
1200163137120
1300177148130
1400191160141
1500204171151
1600218182161
1700231194171
1800245205180
1900258216190
2000271227200
2100285239210
2200298250220
2300311261230
2400325272239
2500338283249
2600351294259
2700365305269
2800378317279
2900391328288
3000405339298
3100418350308
3200431361318
3300444372328
3400458384337
3500471395347
3600484406357
3700496416366
3800503422371
3900511428377
4000518434382
4100526440388
4200531445392
4300537450396
4400543455400
4500548459404
4600554464408
4700559469412
4800566474417
4900573480422
5000580486428
5100587492433
5200594498438
5300602504443
5400609510449
5500616516454
5600623522459
5700627525462
5800630528465
5900634531467
6000637534470
6100641537472
6200644540475
6300648543477
6400651545480
6500656549483
6600665557490
6700674564497
6800683572503
6900692579510
7000701587516
7100710594523
7200719602530
7300727609536
7400734615541
7500740620545
7600745624549
7700751629554
7800756634558
7900762638562
8000767643566
8100773647570
8200778652574
8300783656577
8400788660581
8500793664584
8600797668588
8700802672591
8800807676595
8900812680599
9000817684602
9100822689606
9200828694611
9300835699616
9400841705620
9500848710625
9600854716630
9700861721635
9800867727639
9900874732644
10000879737648
10100885741652
10200890745656
10300895750660
10400900754664
10500906759668
10600911763672
10700916767675
10800921772679
10900924774681
11000926776683
11100928778684
11200931780686
11300933782688
11400936784690
11500938786692
11600940788693
11700943790695
11800945792697
11900948794699
12000950796700


     The economic table is presumptive for combined monthly net incomes up to and including twelve thousand dollars. When combined monthly net income exceeds twelve thousand dollars, the court may exceed the presumptive amount of support set for combined monthly net incomes of twelve thousand dollars upon written findings of fact.

Sec. 4   RCW 26.19.065 and 2009 c 84 s 2 are each amended to read as follows:
     (1) Limit at forty-five percent of a parent's net income. Neither parent's child support obligation owed for all his or her biological or legal children may exceed forty-five percent of net income except for good cause shown.
     (a) Each child is entitled to a pro rata share of the income available for support, but the court only applies the pro rata share to the children in the case before the court.
     (b) Before determining whether to apply the forty-five percent limitation, the court must consider whether it would be unjust to apply the limitation after considering the best interests of the child and the circumstances of each parent. Such circumstances include, but are not limited to, leaving insufficient funds in the custodial parent's household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and any involuntary limits on either parent's earning capacity including incarceration, disabilities, or incapacity.
     (c) Good cause includes, but is not limited to, possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families.
     (2) Presumptive minimum support obligation. (a) When a parent's monthly net income is below one hundred twenty-five percent of the federal poverty guideline for a one-person family, a support order of not less than fifty dollars per child per month shall be entered unless the obligor parent establishes that it would be unjust to do so in that particular case. The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the child and the circumstances of each parent. Such circumstances can include leaving insufficient funds in the custodial parent's household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and earning capacity.
     (b) The basic support obligation of the parent making the transfer payment, excluding health care, day care, and special child-rearing expenses, shall not reduce his or her net income below the self-support reserve of one hundred twenty-five percent of the federal poverty level for a one-person family, except for the presumptive minimum payment of fifty dollars per child per month or when it would be unjust to apply the self-support reserve limitation after considering the best interests of the child and the circumstances of each parent. Such circumstances include, but are not limited to, leaving insufficient funds in the custodial parent's household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and earning capacity. This section shall not be construed to require monthly substantiation of income.
     (3) Income above twelve thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including twelve thousand dollars. When combined monthly net income exceeds twelve thousand dollars, the court may exceed the presumptive amount of support set for combined monthly net incomes of twelve thousand dollars upon written findings of fact.

Sec. 5   RCW 26.19.075 and 2009 c 84 s 4 are each amended to read as follows:
     (1) Reasons for deviation from the standard calculation include but are not limited to the following:
     (a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:
     (i) Income of a new spouse or new domestic partner if the parent who is married to the new spouse or in a partnership with a new domestic partner is asking for a deviation based on any other reason. Income of a new spouse or new domestic partner is not, by itself, a sufficient reason for deviation;
     (ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;
     (iii) Child support actually received from other relationships;
     (iv) Gifts;
     (v) Prizes;
     (vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;
     (vii) Extraordinary income of a child;
     (viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning; or
     (ix) Income that has been excluded under RCW 26.19.071(4)(((h))) (i) if the person earning that income asks for a deviation for any other reason.
     (b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.
     (c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:
     (i) Extraordinary debt not voluntarily incurred;
     (ii) A significant disparity in the living costs of the parents due to conditions beyond their control;
     (iii) Special needs of disabled children;
     (iv) Special medical, educational, or psychological needs of the children; or
     (v) Costs incurred or anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.
     (d) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.
     (((e) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships to whom the parent owes a duty of support.
     (i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.
     (ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
     (iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid.
     (iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.
))
     (2) All income and resources of the parties before the court, new spouses or new domestic partners, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.
     (3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.
     (4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.
     (5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.

NEW SECTION.  Sec. 6   A new section is added to chapter 26.19 RCW to read as follows:
     (1) The court may make an adjustment to the standard calculation when the obligor has children not before the court, subject to the provisions in this section and the limitations in RCW 26.19.065. If the court adjusts the standard calculation, it shall use the whole family formula as provided in this section.
     (2) The child support schedule must first be applied to the parents and the children before the court to determine the standard amount of support.
     (3) Children not before the court must not be counted in the number of children for purposes of determining the standard calculation, but must be counted in the adjusted calculation for the obligor parent.
     (4) Stepchildren are not considered children not before the court but may be considered as a reason to deviate from either the standard or the adjusted calculation of support.
     (5) When the court has determined that either or both parents have children not before the court, adjustments under this section must be based on considerations of the total circumstances of both households including the children of either parent who do not live in the household of the parents. Both parents shall disclose, and the court shall consider, all child support obligations paid, received, and owed for all children.
     (6) The court may not adjust the standard calculation on the basis of children not before the court if:
     (a) Adjusting the standard calculation would result in insufficient funds to meet the basic needs of the children in the receiving household and, when taking into consideration the totality of the circumstances, the application of the adjustment would be unjust;
     (b) The obligee's net income before receiving the support transfer payment is at or below one hundred twenty-five percent of the federal poverty level guidelines for the obligee's household size, including both children before the court and children not before the court; or
     (c) It is shown that the obligor parent has not actually paid the child support owed for the obligor's children not before the court who do not live with the obligor, unless there is a reasonable justification for the obligor's nonpayment. When considering whether a reasonable justification exists, the court shall consider the obligor's ability to make full payments of the child support owed for the obligor's children not before the court.
     (7) The whole family formula requires the court to:
     (a) Determine the total number of children before the court and the total number of children not before the court for the obligor parent;
     (b) Determine the monthly basic support obligation from the economic table based on the combined monthly net income of the parents before the court and the obligor's total number of children as determined in (a) of this subsection;
     (c) Multiply the monthly basic child support obligation by the obligor's proportional share of the combined monthly net income. This amount is the adjusted transfer payment owed by the obligor parent for the children before the court.
     (8) If the court does not establish the transfer payment at an adjusted calculation determined by this section, the court shall set forth specific findings for the difference in the order of child support.

Sec. 7   RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows:
     (1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.
     (2)(a) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life.
     (b) Before determining the parents' obligations for postsecondary educational support, the court shall consider all grants and scholarships awarded to the child, including work-study opportunities if an actual work-study position is available for the child, and subtract those amounts from the total cost of postsecondary educational support to determine the unmet need for postsecondary educational support.
     (3)
The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following:
     (a) Age of the child;
     (b) The child's needs;
     (c) The expectations of the parties for their children when the parents were together;
     (d) The child's prospects, desires, aptitudes, abilities or disabilities;
     (e) The nature of the postsecondary education sought; ((and))
     (f) The parents' level of education, standard of living, and current and future resources((. Also to be considered are)); and
     (g) T
he amount and type of support that the child would have been afforded if the parents had stayed together.
     (((3))) (4) If one or both parents saved separately for postsecondary educational support and paid those amounts directly to the educational institution or the child, those amounts should be considered part of the parent's share of postsecondary educational support.
     (5)
The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. ((The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.
     (4)
)) (6)(a) Unless the support order provides otherwise, a parent may suspend payment of postsecondary educational support based on the child's failure to be enrolled in an accredited academic or vocational school, failure to actively pursue a course of study commensurate with the child's vocational goals, or failure to be in good academic standing as defined by the institution.
     (b) The obligation to pay postsecondary educational support remains suspended until the child is in compliance with subsection (5) of this section.
     (c) If there is a dispute between the parents or between the parent and the child regarding the child's compliance, the child or either parent may file a motion with the court to seek resolution of the dispute, unless the order establishing the obligation to pay postsecondary educational support provides otherwise.
     (7)
The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.
     (((5))) (8) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.
     (((6))) (9)(a) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible.
     (b) If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent.
     (c) If the child resides with one of the parents the court may direct that the parent making the postsecondary educational support transfer payments make the payments to the child or to the parent ((who has been receiving the support transfer payments)) with whom the child is residing. If the child's living situation changes, that change shall be a basis to change the terms of the postsecondary educational support transfer payment to the other parent.
     (d) If the child's living situation changes so that the child is no longer residing with either parent, both parents shall make the payments to the educational institution, if feasible, or to the child
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NEW SECTION.  Sec. 8   This act takes effect October 1, 2012.

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