Chapter 169

2013 -- S 0619 SUBSTITUTE A

Enacted 07/11/13

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

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

telephone, magnetic tape, or other electronic means.

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

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

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

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

the federal tax data as permitted by federal law.

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

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

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

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

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

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

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

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

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

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

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

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

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

associations and labor unions, professional or trade licensing boards, banks and other financial

institutions, credit bureaus or agencies, or any other individual or entity which the department has

reason to believe may have information that relates to or may assist in the location of the obligor.

The failure of an individual or entity to provide the department, within the time and in the manner

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

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

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

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

shall be required to provide the information.

(e) In requiring information about an obligor from a telephone company; including a cell

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

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

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

sought or received.

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

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

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

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

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

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

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

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

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

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

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

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

provide the information.

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

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

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

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

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

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

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

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

more than six (6) months, or both.

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

SECTION 2. This act shall take effect upon passage.

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LC01427/SUB A

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