ARTICLE 15 SUBSTITUTE A

Relating To Child Support Enforcement

SECTION 1. Section 44-1-2 of the General Laws in Chapter 44-1 entitled “State Tax Officials” is hereby amended to read as follows:

44-1-2.  Powers and duties of tax administrator. – The tax administrator is required:

(1) To assess and collect all taxes previously assessed by the division of state taxation in the department of revenue and regulation, including the franchise tax on domestic corporations, corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on the manufacture of alcoholic beverages;

(2) To assess and collect the taxes upon banks and insurance companies previously administered by the division of banking and insurance in the department of revenue and regulation, including the tax on foreign and domestic insurance companies, tax on foreign building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;

(3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously administered by the division of horse racing in the department of revenue and regulation;

(4) To collect the fees and to account for all funds relating to the registration of motor vehicles and the licensing of operators, previously administered by the division of motor vehicles in the department of revenue and regulation;

(5) To operate a statewide child support enforcement program. The division of taxation will be responsible for activities assigned to it by law, including, but not limited to, establishing paternity, establishing enforcing and modifying child support and medical orders pursuant to IV-D of the Social Security Act, 42 USC § 651 et seq., title 15 of the Rhode Island general laws and other appropriate state and federal child support laws and regulations.

SECTION 2. Chapter 42-12 of the General Laws entitled “Department of Human Services” is hereby amended by adding thereto the following section:

42-12-28. Child support enforcement functions. – (a) The department of human services is authorized and directed to operate a statewide child support enforcement program. The department shall be responsible for activities assigned to it by law, including, but not limited to, establishing paternity, establishing, enforcing, modifying child support and medical orders, and the collection and distribution of payments of child and medical support, pursuant to IV-D of the Social Security Act, 42 USC § 651 et seq., titles 15 and 40 of the Rhode Island general laws and other applicable state and federal child support laws and regulations.

(b) The department is authorized to provide by rule for the payment of child support and/or medical support received from any in-state, or interstate employers, making income withholdings, and from collections received from other state collection and disbursement units and foreign jurisdictions, by electronic funds transfer (EFT) when the child support and/or medical support is required to be paid in connection with a court or administrative order for support to the state's central collection and disbursement unit. The department may promulgate any regulations necessary to implement this section including regulations that specify the form, frequency, and content of electronic funds transfer messages and electronic data information in order to insure the proper receipt and crediting of the child support and/or medical support payments. The department and the tax administrator, division of taxation, department of administration, are authorized to enter into cooperative agreements to facilitate and coordinate the electronic funds transfer, receipt and crediting of child support and/or medical support payments, in furtherance of their respective duties and functions under this section and section 44-1-31.

SECTION 3. In any general or special law of the State of Rhode Island, specifically but not limited to Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 of the General Laws of Rhode Island, 1956, as amended, references to the tax administrator within the department of administration shall be construed to refer to the director of the department of human services; provided, however, that the director of the department of human services may delegate such duties and responsibilities as he or she may deem appropriate. The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in the aforesaid sections and any other section of the law to carry out the intent of this article.

SECTION 4. Any revenue collection duties conferred upon the department of human services or the director of the department of human services, or any reference to child support enforcement, collections and establishment duties of the department of human services, Rhode Island Child Support Services or bureau of family support, or the department of administration, division of taxation, child support enforcement in any general or special law of the State of Rhode Island, specifically but not limited to Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 12, Chapter 1, Section 14; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 1.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 40, Chapter 40-5.1, Sections 2 and 47; Title 40, Chapter 6, Section 9;Title 42, Chapter 61; and Title 44, Chapter 30.1 shall be construed to refer to the department of human services. Any reference to the tax administrator with reference to the child support enforcement and collection of revenues, shall be construed to refer to the director of the department of human services. Any revenue collection duties conferred upon the tax administrator shall be construed to be the director of the department of human services; provided, however, that the director of the department of human services may delegate such duties and responsibilities as he or she may deem appropriate.

SECTION 5. The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 and any other sections of the general laws to carry out the intent of this article.

SECTION 6. Transfer determinations. -- The director of administration, with the approval of the governor, shall make the conclusive determination of the property, personnel, records, appropriations balances, allocations and other funds to be transferred to the department of human services in connection with the functions transferred thereto by the provisions of this article. Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this article shall be carried out as he may direct and by such agencies as he shall designate.

SECTION 7. Continuity of administrative duties and responsibilities -- In order to insure continuity of administrative duties and responsibilities, the actual transfer of functions or any parts thereof to the department of human services, may be postponed after July 1, 2005 until such time, as determined by the director of administration, that the transfer herein provided can be put into force and effect.

SECTION 8. Preservation of rights and remedies. -- The transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties. Notwithstanding, the court may, on motion filed within twelve (12) months after this article takes effect, allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganization effected by this article or, if there be no successor, against such agency or officer which succeeded to the functions transferred by this article.

SECTION 9. Severability of Provisions. -- If any provisions of this article or of any rule or regulation made hereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this article shall not affect the validity of the remainder of the article.

SECTION 10. Liberal Construction of Article Required. -- This article shall be construed liberally in aid of its declared purposes.

SECTION 11. This article shall take effect as of July 1, 2005.