2012 -- S 2768

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LC01215

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS - FULL ENFORCEMENT OF SUPPORT

OBLIGATIONS

     Introduced By: Senators Tassoni, Miller, Ottiano, Picard, and Cote

     Date Introduced: March 08, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-11.1-2 of the General Laws in Chapter 15-11.1 and 15-11.1-8

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entitled "Full Enforcement of Support Obligations" are hereby amended to read as follows:

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     15-11.1-2. Definitions. -- For the purposes of this chapter:

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      (1) "Administrator" means the tax administrator for the department of administration,

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division of taxation or his or her designee. director or associate director of the department of

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human services, office of child support services.

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      (2) "Board" means any bureau, board, or commission or other licensor that is affiliated

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with or is a part of the department of business regulation, and any other state agency,

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municipality, or licensor that issues a license authorizing a person to engage in a recreational

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activity, in a business, occupation, profession, industry, or authorizes a person to operate a motor

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vehicle.

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      (3) "Compliance with a court order of support" means that the support obligor has

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accrued no more than ninety (90) days worth of current support no more than ninety (90) days

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worth of periodic payments due pursuant to a written agreement with the department or as set

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forth in a court order and/or has obtained or maintained health insurance coverage if required by a

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court order of support.

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      (4) "CSE system" means the Rhode Island family court/department of administration,

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division of taxation, child support enforcement system, department of human services, office of

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child support services system, which system maintains the official record of support orders and

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arrearages of all support orders entered upon it in accordance with applicable administrative

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orders issued by the Rhode Island family court.

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      (5) "Court order of support" means any judgment or order for the support of dependent

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children now or subsequently recorded and maintained on the child support enforcement (CSE)

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system which has been issued by any court of the state or another state, including an order in a

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final decree of divorce or any judgment or order issued in accordance with an administrative

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procedure established by state law that affords substantial due process and is subject to judicial

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review.

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      (6) "Department" means the department of administration, division of taxation. human

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services, office of child support services.

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      (7) "License" means any of the following: a license to operate a motor vehicle, a motor

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vehicle registration, a license, certification, registration, permit, approval, or other similar

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document evidencing admission to or granting authority to engage in a profession, occupation,

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business, industry, or recreational activity.

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      (8) "Licensee" means any individual holding any of the following: a license to operate a

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motor vehicle, motor vehicle registration, a license, certification, registration, permit, approval, or

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other similar document evidencing admission to or granting authority to engage in a profession,

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occupation, business, industry, or recreational activity.

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      (9) "Obligor" means any person required to make payments under the terms of a court

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order of support.

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     (10) “Certification” means the department verifies that a support obligation is not in

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compliance with a court order of support. Certification may be in writing or electronically

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conveyed.

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      [See section 12-1-15 of the General Laws.]

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     15-11.1-8. Reporting. -- (a) During each renewal period all All boards subject to this

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chapter shall provide to the department specified information, according to standards established

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by the department, about applicants for licensure and all current licensees.

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      (b) All boards subject to this chapter shall provide the specified information for only

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those current licensees that are residents of this state.

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      (c) The information to be provided must include all of the following information to the

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extent that this information is maintained by the board about the licensee:

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      (1) Name;

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      (2) Address of record;

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      (3) Federal employer identification number or social security number;

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      (4) Type of license;

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      (5) Effective date of license or renewal;

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      (6) Expiration date of license; and

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      (7) Active or inactive status.

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      [See section 12-1-15 of the General Laws.]

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     SECTION 2. Sections 15-26-1, 15-26-2 and 15-26-3 of the General Laws in Chapter 15-

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26 entitled "State Disbursement Unit for the Collection and Distribution of Child Support" are

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hereby amended to read as follows:

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     15-26-1. Purpose. -- The purpose of this chapter is to establish and operate a centralized

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state collection and disbursement unit within the department of administration, division of

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taxation, human services, office of child support enforcement services, or its designee for the

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timely, automated collection and disbursement of support orders being enforced under section

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454(4) of title IV-D of the Social Security Act, 42 U.S.C. section 654(4), and in all cases not

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being enforced by the state in which the support order is initially issued in the state on or after

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October 1, 1998, and in which the income of the non-custodial parent is subject to income

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withholding.

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     15-26-2. Operation. -- (a) The centralized state collection and disbursement unit shall be

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operated directly by the department of administration, division of taxation human services, office

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of child support services or its designee and in coordination with the automated system.

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      (b) The centralized state collection and disbursement unit shall use the automated

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procedures, electronic processes, including the electronic funds transfer (EFT) provisions as

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authorized by the tax administrator under section 44-1-31, and computer driven technology to the

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maximum extent feasible, efficient and economical for the collection and disbursement of support

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payments, including procedures for receipt from parents, employers, and other states, and for

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disbursement to custodial parents and other obligees, the state agency, and the agencies of other

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states:

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      (i) For accurate identification of payments;

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      (ii) To ensure prompt disbursement of the custodial parent's share of any payment; and

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      (iii) To furnish to any parent, upon request, timely information on the current status of

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support payments.

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     (c) All employers who do business in the state of Rhode Island shall be required to

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complete the appropriate documentation and procedures online as mandated by the department of

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human services, office of child support services, for the electronic transfer of funds from an

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employee’s earnings to remit court ordered child support payments to the designated state

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disbursement unit for all of its employees no later than September 1, 2012 and within seven (7)

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days for any new hire thereafter.

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     15-26-3. Timing of disbursement. -- (a) The department of administration, division of

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taxation, human services, office of child support enforcement services or its designee shall

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distribute all amounts payable within two (2) business days after receipt from the employer or

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other source of periodic income if sufficient information identifying the payee is provided.

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"Business day" is defined as a day on which state offices are open for regular business.

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      (b) The department of administration, division of taxation, human services, office of

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child support enforcement services or its designee may delay the distribution of collections

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toward disputed arrearages until the resolution of those disputed arrearages in a timely hearing

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before the Rhode Island family court.

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     SECTION 3. This act shall take effect upon passage.

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LC01215

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - FULL ENFORCEMENT OF SUPPORT

OBLIGATIONS

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     This act would make technical changes reflecting the transfer of the collection of child

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support from the department of administration to department of human services. The act would

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also allow the department of human services to electronically certify to any appropriate board that

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a support obligor is not in compliance with a court order of support under certain circumstances,

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and would provide for non-renewal of licenses and other provisions to insure compliance with

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child support orders. Furthermore, this act would require all Rhode Island employers to

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electronically transfer its employees’ court ordered child support.

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      This act would take effect upon passage.

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LC01215

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