PRINTER'S NO. 2147
No. 1725 Session of 1997
INTRODUCED BY VEON, BLAUM, MANDERINO, JAROLIN, GORDNER, DeLUCA,
OLIVER, WALKO, MICOZZIE, SEMMEL, TIGUE, MELIO, LaGROTTA,
ROBINSON, TRELLO, WOGAN, STABACK, SAINATO, BELARDI, CORRIGAN,
GEIST, TANGRETTI, BATTISTO, BROWNE, WOJNAROSKI, LEVDANSKY,
ITKIN, CORPORA, RAMOS, BOSCOLA, BEBKO-JONES, CASORIO,
PISTELLA, ROONEY, SURRA, GIGLIOTTI, PESCI, COLAFELLA, JAMES,
ROEBUCK, COY, E. Z. TAYLOR, STEELMAN, TULLI, C. WILLIAMS,
WASHINGTON, PETRARCA, A. H. WILLIAMS, OLASZ AND HALUSKA,
JULY 28, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JULY 28, 1997
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for publication of
3 delinquent support obligors; providing for posting of
4 delinquent support obligor identifying information and for
5 payment by the Department of Public Welfare of an annual
6 bonus to certain persons; further providing for contempt for
7 noncompliance with support order, for attachment of income
8 and for continuing jurisdiction over support orders; and
9 providing for a centralized system for reporting newly hired
10 employees.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4309 of Title 23 of the Pennsylvania
14 Consolidated Statutes is amended to read:
15 § 4309. Publication of delinquent support obligors.
16 (a) General rule.--[Any] Every county, through its domestic
17 relations section, [may] shall publish quarterly in a newspaper
18 of general or special circulation in the county, or release to
1 all State media outlets, the names of delinquent support
2 obligors who are in arrears 30 days or more [in newspapers of
3 general or special circulation in the county].
4 (b) Immunity.--The county, its officials and newspapers
5 shall be immune from any and all criminal and civil liability as
6 a result of the publication of names and identities under
7 subsection (a), unless the publication is a result of
8 intentional misconduct by the county, its officials or
9 newspapers.
10 Section 2. Title 23 is amended by adding sections to read:
11 § 4310. Posting of delinquent child support obligor identifying
12 information.
13 (a) Duty of Department of Public Welfare.--
14 (1) The Department of Public Welfare shall develop
15 posters with the picture, including, but not limited to, the
16 following identifying information: name, last known address
17 and amount owed by the State's ten highest-owing delinquent
18 child support obligors and distribute the posters for posting
19 in public areas of State and local government buildings.
20 (2) The Department of Public Welfare shall develop and
21 post an Internet site which:
22 (i) Contains all of the material required under
23 paragraph (1).
24 (ii) Allows for interactive responses for leads to
25 locate absent parents.
26 (iii) Contains information for custodial and
27 noncustodial parents relating to their rights and
28 obligations under the law.
29 (b) Immunity.--A person, government agency or labor
30 organization providing information pursuant to this section
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1 shall not be subject to civil or criminal liability. The
2 immunity provided by this subsection shall not apply to any
3 person or agent of a government agency or labor organization who
4 knowingly supplies false information under this section.
5 § 4328. Department of Public Welfare payment.
6 The Department of Public Welfare shall provide for an annual
7 bonus payment to recipients equal to the amount of child support
8 collected during the preceding 12-month period, not to exceed
9 $1,000 for each 12-month period. The payment awarded in this
10 section shall not be considered by the Commonwealth when
11 calculating any public assistance benefit.
12 Section 3. Section 4345 of Title 23 is amended by adding
13 subsections to read:
14 § 4345. Contempt for noncompliance with support order.
15 * * *
16 (c) Operating privilege.--In addition to any penalty
17 prescribed in subsection (a), the court shall order the
18 Department of Transportation to suspend the operating privileges
19 of or deny any permit or registration granted under Title 75
20 (relating to vehicles) to any person found in contempt under
21 this section until that person has demonstrated compliance with
22 an existing support order.
23 (d) Hunting and fishing privileges.--In addition to any
24 penalty prescribed in subsection (a), the court shall order the
25 Pennsylvania Fish and Boat Commission and the Pennsylvania Game
26 Commission to suspend, upon contact in the course of regular
27 enforcement duties, any license, permit or registration granted
28 under Title 30 (relating to fish) or Title 34 (relating to game)
29 for any person found in contempt under this section until that
30 person has demonstrated compliance with an existing support
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1 order.
2 (e) Definition.--As used in this section, the term
3 "willfully fails" means to have the financial ability to comply
4 with the support order but to elect not to comply.
5 Section 4. Sections 4348(i) and 4352(d) of Title 23 are
6 amended to read:
7 § 4348. Attachment of income.
8 * * *
9 (i) Notice to employer.--The employer of an obligor shall be
10 [given] sent notice of the attachment as provided by the Rules
11 of Civil Procedure governing support within two business days of
12 entry of the obligor into the new hires directory under section
13 4356 (relating to directory of new hires). This notice shall
14 include reference to subsections (g), (k), (l), (n) and (o) and
15 all of the following:
16 (1) The amount to be attached.
17 (2) That the attachment shall be implemented as soon as
18 possible and no later than 14 days from the issuance of the
19 notice to the employer.
20 (3) That the attachment payment must be sent to the
21 domestic relations section within [ten] seven days of the
22 date the obligor is paid.
23 (4) That the attachment order is binding upon the
24 employer until further notice.
25 (5) That the employer may combine attachment payments
26 into a single payment to the domestic relations section and
27 separately identify the portions attributable to each
28 obligor.
29 (6) That the employer must notify the domestic relations
30 section when the obligor terminates employment and provide
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1 his last known address and the new employer's name and
2 address, if known.
3 * * *
4 § 4352. Continuing jurisdiction over support orders.
5 * * *
6 (d) Arrears as judgments.--On and after the date it is due,
7 each and every support obligation shall constitute a judgment
8 against the obligor by operation of law, with the full force,
9 effect and attributes of a judgment of court, including the
10 ability to be enforced, and shall be entitled as a judgment to
11 full faith and credit in this or any other state. Past due
12 support obligations shall not become a lien upon the real and
13 personal property of the person ordered to make such payments
14 until the judgment or order has been entered of record in the
15 office of the clerk of the court of common pleas in the county
16 where the real or personal property owned by the person
17 obligated to pay support is located or in the office of the
18 clerk of the branch of the court of common pleas embracing such
19 county in accordance with 42 Pa.C.S. § 4303 (relating to effect
20 of judgments and orders as liens). Where there has been a
21 willful violation of section 4345 (relating to contempt for
22 noncompliance with support order), the domestic relations
23 section shall cause to be entered of record on behalf of the
24 obligee a notice of judgment or order in the office of the clerk
25 of the court of common pleas in the county where any real or
26 personal property owned by the support obligor is located.
27 Execution shall issue thereon pursuant to the Rules of Civil
28 Procedure. The obligation for payment of arrears or past due
29 support shall terminate by operation of law when all arrears or
30 past due support has been paid.
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1 * * *
2 Section 5. Title 23 is amended by adding a section to read:
3 § 4356. Directory of new hires.
4 (a) Establishment.--The Secretary of Labor and Industry
5 shall establish a centralized new hire reporting system for the
6 purpose of receiving, maintaining and conducting child support
7 enforcement data matches on information from employers on newly
8 hired or rehired employees. All required information received
9 under this section shall be entered into the new hire reporting
10 system within five business days of receipt. The information
11 contained in the new hire reporting system shall be accessible
12 to any State or local agency for the purpose of establishing or
13 enforcing child support orders. Further, the information shall
14 be reported to the Federal Parent Locator Service National
15 Directory within three business days of entry into the new hire
16 reporting system.
17 (b) Information and assistance to employers.--The secretary
18 shall conduct an employer information campaign prior to
19 implementation of the new hire reporting system. The secretary
20 shall also provide employers with information on the
21 requirements of and the process by which employers may comply
22 with this section.
23 (c) Duty to report.--Employers shall report to the secretary
24 the hiring of any employee who resides or works in this
25 Commonwealth to whom the employer anticipates paying earnings.
26 Employers shall submit reports required in this section, in a
27 form prescribed by the secretary, within 15 calendar days of the
28 employee's hire. Employers shall not be required to report the
29 hiring of any person with gross earnings less than $200 per
30 month but shall report within 15 calendar days of compensation
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1 calculation any current employee not previously reported who
2 surpasses the $200 per month threshold.
3 (d) Report contents.--Reports required under this section
4 shall contain:
5 (1) the employee's name, address, Social Security
6 number, date of employment and date of birth; and
7 (2) the employer's name, address and Federal
8 identification number.
9 The report may be in the form of a W-4 form at the discretion of
10 the secretary.
11 (e) Noncompliance.--The secretary shall notify by certified
12 mail any employer who fails to comply with this section and
13 shall request compliance. The notice shall explain the reporting
14 procedure, the reporting requirements and the penalty for
15 noncompliance. An employer who has received notice under this
16 subsection and who subsequently fails to comply with this
17 section shall be assessed a penalty of $25 for each unreported
18 employee. Thereafter, the employer shall be assessed a penalty
19 of $500 for each unreported employee.
20 (f) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Earnings." Any form of compensation owed by an employer for
24 labor or services rendered by an employee.
25 "Employee." A person who performs services for compensation,
26 in any form, for an employer. This term includes an independent
27 contractor, but does not include persons hired for domestic
28 service in a private home as defined in the Internal Revenue
29 Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), a
30 person under 18 years of age or a Federal employee.
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1 "Employer." A person or entity located in or doing business
2 in this Commonwealth with one or more employees.
3 "Hiring." Engaging a person to perform services for
4 compensation and commencing on the earliest of the first date
5 for which the employee is owed compensation or the first date
6 that the employee performs labor or services for the employer.
7 The term includes the return to work by any previous employee
8 who was laid off, furloughed, separated, granted a leave without
9 pay or terminated from employment.
10 Section 6. The amendment or addition of 23 Pa.C.S. §§
11 4348(i) and 4356 shall apply on or after October 1, 1997.
12 Section 7. This act shall take effect in 60 days.
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