Introduced Version
House Bill 2751 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2751
(By Delegates Perdue, Perry, Campbell, Ellington,
Lawrence, Moye, Staggers and Storch)
[Introduced February 27, 2013; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A Bill to amend and reenact §48-18-132 of the Code of West
Virginia, 1931, as amended, relating to locating parents for
the purpose of establishing paternity, establishing or
modifying a support order, enforcing support orders or
distributing support; information required from telephone and
cellular telephone companies .
Be it enacted by the Legislature of West Virginia:
That §48-18-132 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§48-18-132. Access to information.
(a) All state, county and municipal agencies' offices and
employers, including profit, nonprofit and governmental employers,
receiving a request for information and assistance from the Bureau
for Child Support enforcement or any out-of-state agency
administering a program under Title IV-D of the Social Security Act shall cooperate with the bureau or with the out-of-state agency in
the location of parents who have abandoned and deserted children
and shall provide the bureau or the out-of-state agency with all
available pertinent information concerning the location, income and
property of those parents.
(b) Notwithstanding any other provision of law to the
contrary, any entity conducting business in this state or
incorporated under the laws of this state shall, upon certification
by the bureau or any out-of-state agency administering a program
under Title IV-D of the Social Security Act that the information is
needed to locate a parent for the purpose of collecting or
distributing child support, provide the bureau or the out-of-state
agency with the following information about the parent: Full name,
social security number, date of birth, home address, wages and
number of dependents listed for income tax purposes: Provided,
That no entity may provide any information obtained in the course
of providing legal services, medical treatment or medical services.
(c) (1) The Bureau for Child Support enforcement shall have
access, subject to safeguards on privacy and information security,
and to the nonliability of entities that afford such access under
this subdivision, to information contained in the following
records, including automated access, in the case of records
maintained in automated databases:
(A) Records of other state and local government agencies, including, but not limited to:
(i) Vital statistics, including records of marriage, birth and
divorce;
(ii) State and local tax and revenue records, including
information on residence address, employer, income and assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational and professional licenses and
records concerning the ownership and control of corporations,
partnerships and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance
programs;
(vii) Records of the Division of Motor Vehicles; and
(viii) Corrections records.
(B) Certain records held by private entities with respect to
individuals who owe or are owed support or certain individuals
against, or with respect to, whom a support obligation is sought,
consisting of:
(i) The names and addresses of such individuals and the names
and addresses of the employers of such individuals, as appearing in
the customer records of public utilities, and cable television
companies, telephone companies, and cellular telephone companies,
pursuant to an administrative subpoena authorized by section one
hundred twenty-three, article eighteen of this chapter; and
(ii) Information, including information on assets and
liabilities, on such individuals held by financial institutions.
(2) Out-of-state agencies administering programs under Title
IV-D of the Social Security Act shall, without the need for any
court order, have the authority to access records in this state by
making a request through the Bureau for Child Support enforcement.
(d) All federal and state agencies conducting activities under
Title IV-D of the Social Security Act shall have access to any
system used by this state to locate an individual for purposes
relating to motor vehicles or law enforcement.
(e) Out-of-state agencies administering programs under Title
IV-D of the Social Security Act shall have the authority and right
to access and use, for the purpose of establishing or enforcing a
support order, the state law-enforcement and motor vehicle
databases.
(f) The Bureau for Child Support enforcement and out-of-state
agencies administering programs under Title IV-D of the Social
Security Act shall have the authority and right to access and use,
for the purpose of establishing or enforcing a support order,
interstate networks that state law-enforcement agencies and motor
vehicle agencies subscribe to or participate in, such as the
national law-enforcement telecommunications system (NLETS) and the
American association of motor vehicle administrators (AAMVA)
networks.
(g) No state, county or municipal agency or licensing board
required to release information pursuant to the provisions of this
section to the Bureau for Child Support enforcement or to any out-
of-state agency administering programs under Title IV-D of the
Social Security Act may require the Bureau for Child Support
enforcement or any out-of-state agency to obtain a court order
prior to the release of the information.
(h) Any information received pursuant to the provisions of
this section is subject to the confidentiality provisions set forth
in section 18-131 of this chapter.
Note: The purpose of this bill is to require telephone
companies and cellular telephone companies to provide the names,
address, and telephone numbers of its customers to the Bureau for
Child Support En
forcement for purposes of establishing paternity,
establishing or modifying support orders, for enforcing support
orders or for distributing support.
Strike-throughs indicate language that would be stricken from
the present law, underscoring indicates language that would be
added.