2013 -- S 0619

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LC01427

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO DOMESTIC RELATIONS - EXCHANGE OF INFORMATION IN SUPPORT

OF CHILD SUPPORT COLLECTION

     Introduced By: Senator Donna M. Nesselbush

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-22-1 of the General Laws in Chapter 15-22 entitled "Exchange

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of Information in Support of Child Support Collection" is hereby amended to read as follows:

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     15-22-1. Access to information. -- (a) The department of administration, division of

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taxation, human services, office of child support enforcement services, and/or any other state or

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federal agency taking action to establish paternity, establish or modify child support and/or

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medical orders, enforce child support and/or medical orders, or to locate an individual for these

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reasons, shall have access to and may request information from the individuals and the entities

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named in this section. The information shall be available to the department only for the purpose

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of and to the extent necessary for the administration of the child support enforcement program.

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No entity or individual who complies with this section shall be liable in any civil or criminal

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action or proceeding brought by an obligor or an obligee on account of compliance. Holders

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maintaining personal data are authorized to disclose to the department all personal data requested

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pursuant to this section, and the disclosures shall not violate the provisions of section 38-2-2. Any

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entity or individual who, without reasonable cause, fails to reply to a request pursuant to this

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subsection or who, without reasonable cause, fails to comply with a request within twenty (20)

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days of receipt, shall be liable for a civil penalty of one hundred dollars ($100) for each violation,

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to be assessed by the department or by the family court. The department may secure information

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to which it is entitled by any method including, but not limited to, requests by paper, facsimile,

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telephone, magnetic tape, or other electronic means.

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      (b) (1) Information to which the department shall be entitled includes, but is not limited

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to, state income tax returns and all state income tax information, including address, filing status,

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and the number of dependents reported on any return filed by any obligor, any other information,

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the contents and nature of which shall be determined and approved by the tax administrator, and

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the federal tax data as permitted by federal law.

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      (2) The information included in this provision shall be data or tax returns in any form or

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format, including data available by electronic means which is directly related to the obligor.

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      (c) Unless otherwise limited by statute, the department shall be entitled to all criminal

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offender record information of the obligor which is necessary to locate the obligor or establish the

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obligor's ability to pay including, but not limited to, national criminal information center (NCIC)

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records and bureau of criminal identification (BCI) records maintained by the department of the

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attorney general and the quarterly contribution reports of the department of labor and training.

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      (d) Unless otherwise limited by federal statute, the department may require disclosure of

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information relating to the obligor including, but not limited to, the obligor's location,

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employment, title to property, credit status, or professional affiliation to assist the department to

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determine the current whereabouts of an obligor from any source including, but not limited to,

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any state or municipal agency, utility company, including telephone, cell phone company,

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assessor's offices, and housing authorities, employers, professional or trade associations and labor

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unions, professional or trade licensing boards, banks and other financial institutions, credit

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bureaus or agencies, or any other individual or entity which the department has reason to believe

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may have information that relates to or may assist in the location of the obligor. The failure of an

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individual or entity to provide the department, within the time and in the manner that the

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department may provide by regulation, with information relating to, or that may assist in locating,

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an obligor shall be punishable by a civil penalty to be assessed by the family court or the

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department of administration, division of taxation, human services, office of child support

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services in the amount of one hundred dollars ($100) for each failure, and the individual or entity

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shall be required to provide the information.

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      (e) The department may request from any employer or other source of income whom the

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department has reason to believe employs an obligor, or otherwise provides the obligor with

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regular periodic income, information concerning the dates and amounts of income paid, the last

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known address, social security number, and available health care benefits. The department shall

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not inquire of an employer or other source of income concerning the same obligor more than once

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every three months. Employers or other sources of income shall respond to the requests truthfully

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and in writing. No employer or other source of income who complies with this section shall be

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liable in any civil action or proceeding brought by the obligor on account of such compliance.

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Any employer or other source of income who, without good cause, fails to comply with a request

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as required by this section, within twenty (20) days of receipt of the request, shall be liable for a

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civil penalty of one hundred dollars ($100) per day for each day of violation to be assessed by the

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family court or the department of administration, division of taxation, and shall be required to

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provide the information.

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      (f) The department shall use the information gathered pursuant to this chapter only for

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purposes of administering the child support enforcement program and shall not disclose the

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information, other than the name and address of the obligor, except in proceedings or other

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activities to locate or identify obligors, to evaluate the ability of obligors to pay child support, to

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establish, modify, or enforce child support orders, to collect child support, or in criminal

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prosecutions for failure to pay child support. Any employee of the department that uses or

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discloses the information in any other manner shall be guilty of a misdemeanor and shall be

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punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not

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more than six (6) months, or both.

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     (g) In requiring information about an obligor from a telephone company, including a cell

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phone company, the department shall be limited to obtaining the billing and/or residential address

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of the obligor. No location information, including, but not limited to, global positioning system

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data, that in whole or in part, is generated by or derived from the operation of such a device shall

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be sought or received.

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

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     SECTION 2. This act shall take effect upon passage.

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LC01427

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - EXCHANGE OF INFORMATION IN SUPPORT

OF CHILD SUPPORT COLLECTION

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     This act would include cell phone companies in the list of sources the department of

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human services, office of child support services can require to share limited location information

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for those who owe child support. It would also require that the information from shared sources

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be electronic. This act would also make technical changes reflecting the transfer of many years

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ago the collection of child support from the department of administration to the department of

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human services.

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     This act would take effect upon passage.

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LC01427

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