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H0433........................................................by MR. SPEAKER
Requested by: Department of Health and Welfare
CHILD SUPPORT - DELINQUENT - Amends existing law to require financial
institutions to enter into agreements with the Department of Health and
Welfare to provide asset information concerning parents who are not paying
their child support obligation and to provide conditions for agreements.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
H0433|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 433 BY MR. SPEAKER Requested by: Department of Health and Welfare 1 AN ACT 2 RELATING TO CHILD SUPPORT ENFORCEMENT; AMENDING SECTION 56-203F, IDAHO CODE, 3 TO REQUIRE FINANCIAL INSTITUTIONS TO ENTER INTO AGREEMENTS WITH THE 4 DEPARTMENT OF HEALTH AND WELFARE TO PROVIDE ACCOUNT INFORMATION ON DELIN- 5 QUENT CHILD SUPPORT OBLIGORS, TO PROVIDE CONDITIONS FOR AGREEMENTS AND TO 6 MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 56-203F, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 56-203F. CHILD SUPPORT ENFORCEMENT -- AGREEMENTS WITH FINANCIAL INSTITU- 11 TIONS. (1) The legislature finds that the federal government has unreasonably 12 mandated that the department must make certain agreements with financial 13 institutions in this state for the purposes of improving the effectiveness of 14 child support enforcement. The legislature also finds that the current system 15 for child support enforcement in this state has historically performed well, 16 and recent statutory changes have further improved it, and that the mandated 17 system will do little to improve such collections. This section is enacted to 18 bring the state into compliance with the requirements of P.L. 104-193, sec. 19 372, and title IV-D of the social security act. 20 (2) The department is hereby authorized to establish a work group com- 21 prised of: 22 (a) Representatives of the types of financial institutions identified in 23 section 469A(d)(1) of 42 U.S.C. 666(a); 24 (b) Representatives of "public utilities," "cooperatives," and 25 "municipalities" as defined in section 61-332A, Idaho Code, and "telephone 26 corporations" as defined in section 62-603, Idaho Code; 27 (c) Representatives of the department, which shall comprise no more than 28 one-third (1/3) of the total members of the work group. 29 (3) The work group shall: 30 (a) Identify those minimum statutory changes and terms of agreements 31 among the entities represented which are necessary to bring the state into 32 compliance with section 455(a)(17) of 42 U.S.C. 666(a); 33 (b) Define the type of information in the hands of financial institutions 34 and utilities which is not otherwise available and which, if available to 35 the department, would actually and verifiably improve the effectiveness of 36 child support collection; 37 (c) As a term of each proposed agreement, limit authority to engage match 38 functions and access to all information received to the smallest number of 39 upper management in the department as is possible; 40 (d) Develop written protocol within the department for the foregoing, 41 delineating which functions would be performed by which personnel and 42 under what circumstances; 43 (e) Limit engagement of contracted data match functions with finan- 2 1 cial institutions to those obligors who are in arrears of at least 2 five thousand dollars ($5,000) or for one (1) year and only after all 3 other methods available to the department have failed; 4 (f) Provide for annual statistical verification of the improvement to 5 child support enforcement in this state which results from use of the data 6 match functions contained in the proposed agreements; 7 (g) Design the data match system identified herein in such a manner that 8 it will be the least intrusive, least expensive and most confidential sys- 9 tem possible.; 10 (h) Develop a satisfactory contract term to protect the contracting enti- 11 ties from legal liability for disclosure of information as authorized by 12 statute and to protect the public's right of action for wrongful disclo- 13 sure. 14 (4)The department is authorized toFinancial institu- 15 tions doing business in the state shall enter into agreements with the 16entities represented by members of the work group,depart- 17 ment to participate in a data match system and the department 18 shall pay reasonable compensation to such entities, not to exceed 19 actual costs incurred by such entity in developing the data match system. 20 Each financial institution shall provide the following information to 21 the department at least each quarter on each delinquent obligor with accounts 22 at the financial institution: the name, address, social security number or 23 other taxpayer identification number, account balances and any other identify- 24 ing information as provided by rule. 25 (5) Public utilities and cable companies doing business in the state may 26 enter into agreements with the department to participate in a data match sys- 27 tem and the department shall pay reasonable compensation to such entities, not 28 to exceed actual costs incurred by such entity in developing the data match 29 system. Each entity shall provide the following information to the department 30 on each delinquent obligor: name, address and place of employment. The infor- 31 mation shall only be used for locate purposes. 32 (6) Notwithstanding any other provisions of federal or state law, any 33 entity, or officer, agency or employee of the entity, acting in good faith, 34 shall not be liable under any federal or state law to any person for disclos- 35 ing any information to a state child support enforcement agency attempting to 36 establish, modify or enforce a child support obligation. The state child sup- 37 port enforcement agency which obtains information from any entity may disclose 38 such information only for the purpose of, and to the extent necessary to 39 establish, modify or enforce a child support obligation of a delinquent obli- 40 gor.
STATEMENT OF PURPOSE
RS07303C1
To allow the state to locate additional assets of non-custodial parents who are not paying
their child support obligation.
FISCAL IMPACT
Initial development of the data matches with 106 banks and 85 credit unions would cost
$477,500 of which $162,350 would be General Funds. On an ongoing quarterly basis,
interfaces with the banks and credit unions would cost $15,280 of which $5,195 is General
Funds.
CONTACT
Name: JoAn Silva
Agency: Department Health and Welfare
Phone: 334-6535
Statement of Purpose/Fiscal Impact
H 433