PRINTING CODE. Amendments: Whenever an existing statute (or a section of
the Indiana Constitution) is being amended, the text of the existing provision will
appear in this style type, additions will appear in this style type, and deletions
will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new
constitutional provision adopted), the text of the new provision will appear in this
style type. Also, the word NEW will appear in that style type in the introductory
clause of each SECTION that adds a new provision to the Indiana Code or the
Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type
reconciles conflicts between statutes enacted by the 1996 General
Assembly.
AN ACT to amend the Indiana Code concerning human services.
SOURCE: IC 12-7-2-1; (97)LS8035.1. -->
SECTION 1. IC 12-7-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 1. (a) "Account",
for purposes of IC 12-14-24, has the meaning set forth in
IC 12-14-24-1.
(b) "Account", for purposes of IC 12-17-2, has the meaning
set forth in IC 12-17-2-1.7.
SOURCE: IC 12-7-2-18.7; (97)LS8035.2. -->
SECTION 2. IC 12-7-2-18.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18.7. "Automated teller
machine", for purposes of IC 12-13-14, has the meaning set forth
in IC 12-13-14-1.
SECTION 3. IC 12-7-2-85.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 85.3. (a) "Financial
institution", for purposes of IC 12-13-14, has the meaning set
forth in IC 12-13-14-1.
(b) "Financial institution, for purposes of IC 12-17-2, has the
meaning set forth in IC 12-17-2-1.7.
SOURCE: IC 12-7-2-87.8; (97)LS8035.4. -->
SECTION 4. IC 12-7-2-87.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 87.8. "Food retailer", for
purposes of IC 12-13-14, has the meaning set forth in
IC 12-13-14-1.
SOURCE: IC 12-7-2-137; (97)LS8035.5. -->
SECTION 5. IC 12-7-2-137 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 137. (a)
"Person", except as provided in subsection subsections (b) and (c),
means an association, a corporation, a limited liability company, a
governmental entity, an individual, or a partnership.
(b) "Person", for purposes of IC 12-13-14, has the meaning
set forth in IC 12-13-14-1.
(c) "Person", for purposes of IC 12-17.2 and IC 12-17.4, the
term means an individual who is at least twenty-one (21) years of
age, a corporation, a partnership, a voluntary association, or other
entity.
SECTION 6. IC 12-7-2-142.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 142.5. "Point of sale
terminal", for purposes of IC 12-13-14, has the meaning set forth
in IC 12-13-14-1.
SOURCE: IC 12-7-2-144.7; (97)LS8035.7. -->
SECTION 7. IC 12-7-2-144.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 144.7. "Primary business",
for purposes of IC 12-13-14, has the meaning set forth in
IC 12-13-14-1.
SOURCE: IC 12-7-2-169.3; (97)LS8035.8. -->
SECTION 8. IC 12-7-2-169.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 169.3. "Retailer", for
purposes of IC 12-13-14, has the meaning set forth in
IC 12-13-14-1.
SOURCE: IC 12-7-2-190.9; (97)LS8035.9. -->
SECTION 9. IC 12-7-2-190.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 190.9. "Title IV-A" refers to
Title IV-A of the federal Social Security Act.
SOURCE: IC 12-13-14-1; (97)LS8035.10. -->
SECTION 10. IC 12-13-14-1, AS ADDED BY P.L.15-1996,
SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) As used in this
chapter, "automated teller machine" means an electronic
hardware device owned or operated by or on behalf of a financial
institution or retailer that is capable of dispensing currency and
responding to balance inquiries through the use of a magnetic
stripe card issued by or on behalf of the division for distribution
of assistance through an EBT system as described in this chapter.
(a) (b) As used in this chapter, "commission" means refers to
the electronic benefits transfer commission established by this
chapter.
(b) (c) As used in this chapter, "Department" means refers to
the United States Department of Health and Human Services.
(c) As used in this chapter, "division" means the division of
family and children established by IC 12-13-1-1.
(d) As used in this chapter, "EBT program" means an electronic
benefits transfer program.
(e) As used in this chapter, "financial institution" means a
bank, trust company, savings institution, credit union, or any
other organization:
(1) whose principal business activity is providing banking
or financial services to the public; and
(2) that is organized, supervised, and authorized to do
business in Indiana under IC 28 or Title 12 of the United
States Code.
(f) As used in this chapter, "food retailer" means a retailer
that:
(1) sells food items to consumers; and
(2) has been authorized under 7 CFR 278 to participate in
the food stamp program.
(g) As used in this chapter, "person" includes any individual
or entity described in IC 6-2.5-1-3.
(h) As used in this chapter, "point of sale terminal" means
an electronic hardware device that is:
(1) used at a retailer's place of business where consumers
pay for goods or services; and
(2) capable of:
(A) initiating a request for authorization of a purchase
of tangible personal property;
(B) disbursing currency from an account;
(C) initiating a balance inquiry for an account; or
(D) distributing assistance through an EBT system as
described in this chapter.
(i) As used in this chapter, "primary business" means more
than fifty percent (50%) of the gross retail income (as defined in
IC 6-2.5-1-5) attributable to the location or premises where the
business is located.
(j) As used in this chapter, "retailer" means a person that,
in the ordinary course of business:
(1) sells or transfers tangible personal property; or
(2) provides or performs services for compensation
to consumers.
(e) (k) As used in this chapter, "Secretary" means refers to the
Secretary of the United States Department of Agriculture.
SOURCE: IC 12-13-14-2; (97)LS8035.11. -->
SECTION 11. IC 12-13-14-2, AS ADDED BY P.L.15-1996,
SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. The division may do the
following:
(1) Under:
(A) 7 U.S.C. 2016(i); and
(B) 7 CFR 272, 274, 276, 277, and 278; and
(C) 45 CFR 234.11;
make an application for approval from the Secretary and the
Department for implementation by the division of an EBT
program in Indiana for food stamp assistance.
(2) If required at any time by federal law or regulation,
make an application for approval from the Department for
implementation by the division of an EBT program in
Indiana for assistance under the Title IV-A assistance
program as provided in 42 U.S.C. 601 et seq.
(2) (3) After receiving approval from the Secretary and, if
required, the Department, implement a fully functional and
operating EBT program under this chapter to provide an
alternative method of delivering:
(A) food stamp assistance; and
(B) assistance under the Aid to Families with Dependent
Children (AFDC) Title IV-A assistance program in
Indiana. after receiving approval for an EBT program in
Indiana from the Secretary and the Department.
(3) (4) Contract with vendors for supplies and services to
implement an EBT program according to IC 4-13.4-7-8.
(4) (5) Adopt rules under IC 4-22-2 to implement the EBT
program.
SOURCE: IC 12-13-14-4; (97)LS8035.12. -->
SECTION 12. IC 12-13-14-4, AS ADDED BY P.L.15-1996,
SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. The commission shall
make recommendations to the division and advise the division on the
following issues:
(1) Implementing a fully functional and operating EBT
program statewide.
(2) How Indiana's EBT program implemented under this
chapter can be administered in accordance with:
(A) federal requirements under 7 U.S.C. 2016(i); and
(B) federal regulations under 7 CFR 272, 274, 276, 277,
and 278. and
(C) federal regulations under 45 CFR 234.11.
(3) Whether to implement the National Automated Clearing
House Association guidelines to the extent that the guidelines
are not inconsistent with federal law.
(4) Whether to implement the federal electronic funds transfer
rules.
(5) Whether the division should seek a waiver from the
Secretary that would allow retailers to identify check-out lanes
that are equipped to handle EBT transactions.
(6) Providing retailer and recipient training.
(7) Creating an EBT program in Indiana that is compatible
with other state's EBT programs in other states to the extent
possible.
(8) Rules necessary to provide adequate financial safeguards
and other protections for recipients.
(9) Any other issues concerning the establishment and
operation of an EBT program.
SOURCE: IC 12-13-14-4.5; (97)LS8035.13. -->
SECTION 13. IC 12-13-14-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) Except as provided
in this section, the division may distribute cash assistance benefits
to a person who is eligible for assistance under the Title IV-A
assistance program though an automated teller machine or a
point of sale terminal that is connected to the EBT system.
(b) The division may approve or deny participation in the
EBT system by a retailer that is not a food retailer.
(c) The division may not approve participation by a retailer
or financial institution in the EBT system for distribution of cash
assistance under the Title IV-A assistance program through an
automated teller machine or a point of sale terminal located on
the premises of any of the following:
(1) A horse racing establishment:
(A) where the pari-mutuel system of wagering is
authorized; and
(B) for which a permit is required under IC 4-31-5.
(2) A satellite facility:
(A) where wagering on horse racing is conducted; and
(B) for which a license is required under IC 4-31-5.5.
(3) An allowable event required to be licensed by the
department of state revenue under IC 4-32-7 or IC 4-32-9.
(4) A riverboat or other facility required to be licensed by
the Indiana gaming commission under IC 4-33.
(5) A store or other establishment:
(A) where the primary business is the sale of firearms
(as defined in IC 35-47-1-5); and
(B) that sells handguns for which a license to sell
handguns is required under IC 35-47-2.
(6) A store or other establishment where the primary
business is the sale of alcoholic beverages for which a
permit is required under IC 7.1-3.
(d) An establishment described in subsection (c)(1) through
(c)(6) shall post a sign next to each automated teller machine or
point of sale terminal located in the establishment informing a
potential user that the automated teller machine or point of sale
terminal may not be used to receive cash assistance benefits
under the Title IV-A assistance program.
(e) An:
(1) establishment that does not post the sign required under
subsection (d); or
(2) individual who attempts to use an automated teller
machine or point of sale terminal to access cash assistance
benefits under the Title IV-A assistance program in
violation of subsection (d);
commits a Class C misdemeanor.
(f) The division shall adopt rules under IC 4-22-2 to carry
out this section.
SOURCE: IC 12-13-14-12; (97)LS8035.14. -->
SECTION 14. IC 12-13-14-12, AS ADDED BY P.L.15-1996,
SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. The division shall
negotiate a fee structure with the Indiana Grocers and Convenience
Store Association for the retailers in exchange for processing the
division's EBT transactions. transactions. Retailer agreements
entered into between the state and authorized food stamp retailers
shall consider appropriate fees that are consistent with existing
market practices, and consider costs incurred by the participating
retailers for capital expenditures and ongoing operating expenditures.
The division shall review and adjust the fee if necessary or
appropriate. as additional programs are added to the EBT program.
SOURCE: IC 12-17-2-1.7; (97)LS8035.15. -->
SECTION 15. IC 12-17-2-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 1.7. (a) As used in this chapter
with regard to a financial institution data match, "account" has
the meaning set forth in 42 U.S.C. 666, and includes any of the
following:
(1) A demand deposit account.
(2) A checking or negotiable order of withdrawal account.
(3) A savings account.
(4) A timed deposit account.
(5) A money market mutual fund account.
(b) As used in this chapter, "financial institution" has the
meaning set forth in 42 U.S.C. 666, and includes the following:
(1) A depository institution, as defined in Section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C.1813(c)).
(2) An institution affiliated party, as defined in Section 3(u)
of the Federal Deposit Insurance Act (12 U.S.C.1813(u)).
(3) A federal or state credit union, as defined in Section
101 of the Federal Credit Union Act (12 U.S.C.1752),
including an institution affiliated party of a credit union (as
defined in Section 206(r) of the Act).
(4) A benefit association, insurance company, safe deposit
company, money market mutual fund, or similar entity
authorized to do business in Indiana.
SOURCE: IC 12-17-2-16; (97)LS8035.16. -->
SECTION 16. IC 12-17-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 16. (a) The bureau
or its agents shall administer the state's parent locator service. The
bureau shall make all necessary requests and responses to the federal
parent locator service and to the parent locator services of the other
states.
(b) To carry out the bureau's responsibilities under this chapter,
the bureau or its agents, through the parent locator service, may
request information and assistance from a state, county, city, or town
agency. Officers and employees of a state, county, city, or town
agency shall cooperate with the bureau in determining the location
of a parent who has abandoned or deserted a child by providing the
pertinent information relative to the location, income, and property
of the parent, notwithstanding a statute making the information
confidential.
(c) Each person doing business in Indiana shall provide the
bureau or its agents with the following information, if available,
upon certification by the parent locator service that the information
is for the purpose of locating a parent of an abandoned or deserted
child and that the information obtained is to be treated as confidential
by the child support bureau, agency, or division of any other state
to which the information is released, notwithstanding a statute
making the following information confidential:
(1) Full name of the parent.
(2) Social Security number of the parent.
(3) Date of birth of the parent.
(4) Address of the parent's residence.
(5) Amount of wages earned by the parent.
(6) Number of dependents claimed by the parent on state and
federal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintaining
an account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance
carrier and health coverage policy number.
(d) A person may not knowingly refuse to give the parent
locator service bureau or its agents the following:
(1) The name of a parent of a child for whom the state is
providing public assistance.
(2) Information that may assist the parent locator service in
locating the parent of a child.
(e) Information obtained under subsection (a) may not be used
in a criminal prosecution against the informant.
(f) A person may not knowingly give the bureau the incorrect
name of a parent of a child or knowingly give the parent locator
service incorrect information on the parent's whereabouts for the
purpose of concealing the identity of the real parent of the child or
the location of the parent.
SOURCE: IC 12-17-2-16.1; (97)LS8035.17. -->
SECTION 17. IC 12-17-2-16.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 16.1. (a) The bureau shall
maintain the state case registry required under 42 U.S.C.
654A(e).
(b) The state case registry must contain the following:
(1) Records of each case in which the bureau provides
services.
(2) Each child support order established or modified after
September 30, 1998.
(c) To carry out the bureau's responsibilities under this
section, each circuit court clerk shall enter into an agreement
with the bureau to provide all information necessary for the
registry.
SOURCE: IC 12-17-2-21; (97)LS8035.18. -->
SECTION 18. IC 12-17-2-21, AS AMENDED BY P.L.2-1996,
SECTION 246, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE OCTOBER 1, 1997]: Sec. 21. (a) The bureau shall do
the following:
(1) Collect support payments when the payments have been
assigned to the state by the application for assistance under
AFDC. Title IV-A.
(2) Assist in obtaining a support order, including an order for
health insurance coverage under IC 27-8-23, when there is no
existing order and assistance is sought.
(3) Assist mothers of children born out of wedlock in
establishing paternity and obtaining a support order, including
an order for health insurance coverage under IC 27-8-23,
when the mother has applied for assistance.
(4) Implement income withholding in any Title IV-D case:
(A) with an arrearage; and
(B) without an order issued by a court or an
administrative agency.
(b) If When the bureau is entitled to collect collects support
payments that have been assigned to the state and the recipient on
behalf of an individual who is no longer a member of a household
that receives AFDC Title IV-A assistance, cash payments, collected
support payments, except collections made through a federal or state
tax refund offset, or lottery winnings intercept, shall be promptly
distributed in the following order:
(1) Payment to the recipient of the court ordered support
obligation for the month that the support payment is received.
(2) Payment to the recipient of the support payment arrearages
that have accrued during any period after July 1, 1992, when
the recipient was not a member of a household receiving
AFDC Title IV-A assistance.
(3) Payment of the support payment arrearages that the state
is entitled to under terms of the assignment.
(3) Payment to the state in an amount not to exceed the
lesser of:
(A) the total amount of past public assistance paid to
the recipient's family; or
(B) the amount assigned to the state by the recipient
under IC 12-14-7-1.
(4) Payment of support payment arrearages owed to the
recipient.
(5) Payment of any other support payments payable to the
recipient.
(c) When the bureau receives a payment through a federal
tax refund offset on behalf of an individual who has received or
is receiving Title IV-A assistance, the child support payment shall
be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to
the individual's family; or
(B) the amount assigned to the state by the individual
under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(d) When the bureau collects a child support payment from
any source on behalf of an individual who has never received
Title IV-A assistance, the bureau shall forward all money
collected to the individual.
(e) When the bureau receives a child support payment on
behalf of an individual who currently receives a Title IV-A cash
payment or an individual whose cash payment was recouped, the
child support payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to
the individual's family; or
(B) the amount assigned to the state by the individual
under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(c) A child support recipient is eligible to receive child support
under the order of distribution of child support payments described
in subsection (b) if a child support recipient continues to be an active
Title IV-D child support enforcement case.
(d) (f) Unless otherwise required by federal law, not more than
seventy-five (75) days after a written request by a recipient, the
division bureau shall provide an accounting report to the recipient
that identifies the division's bureau's claim to a child support
payment or arrearage.
SOURCE: IC 12-17-2-21.5; (97)LS8035.19. -->
SECTION 19. IC 12-17-2-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1,1997]: Sec. 21.5. (a) Under 42 U.S.C. 666,
the bureau has the authority, without a court order, to order
genetic testing to establish paternity.
(b) The bureau may not order genetic testing as provided
under this section without a request from a local child support
attorney where an order for child support is entered.
(c) The bureau shall recognize and enforce the authority of
a state agency from another state to take an action as required
under 42 U.S.C. 625(c).
(d) The bureau shall notify the appropriate circuit court
clerk in any case where an action of the bureau results in income
withholding or a change of payee of a child support order in a
Title IV-D case.
(e) In accordance with 42 U.S.C. 654B(a)(3), the bureau
shall provide a single address to which income withholding
payments may be sent.
SOURCE: IC 12-17-2-28; (97)LS8035.20. -->
SECTION 20. IC 12-17-2-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 28. The amounts
appropriated for duties performed by prosecuting attorneys, and
circuit court clerks, or other agents under this chapter shall be
distributed directly from the division.
SOURCE: IC 12-17-2-34; (97)LS8035.21. -->
SECTION 21. IC 12-17-2-34, AS AMENDED BY SEA 8-1997,
SECTION 15, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 34. (a) When the Title IV-D
agency finds that an obligor is delinquent and can demonstrate that
all previous enforcement actions have been unsuccessful, the Title
IV-D agency shall send, to a verified address, a notice to the obligor
that includes the following:
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in
arrears.
(3) States that unless the obligor:
(A) pays the obligor's child support arrearage in full;
(B) requests the activation of an income withholding order
under IC 31-2-10-7 IC 31-16-15-2 and establishes a
payment plan with the Title IV-D agency to pay the
arrearage; or
(C) requests a hearing under section 35 of this chapter;
within twenty (20) days after the date the notice is mailed, the
Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent and that the
obligor's driving privileges shall be suspended.
(4) Explains that the obligor has twenty (20) days after the
notice is mailed to do one (1) of the following:
(A) Pay the obligor's child support arrearage in full.
(B) Request the activation of an income withholding order
under IC 31-2-10-7 IC 31-16-15-2 and establish a
payment plan with the Title IV-D agency to pay the
arrearage.
(C) Request a hearing under section 35 of this chapter.
(5) Explains that if the obligor has not satisfied any of the
requirements of subdivision (4) within twenty (20) days after
the notice is mailed, that the Title IV-D agency shall issue a
notice to:
(A) the board that regulates the obligor's profession or
occupation, if any, that the obligor is delinquent and that
the obligor may be subject to sanctions under
IC 25-1-1.2, including suspension or revocation of the
obligor's professional or occupational license;
(B) the supreme court disciplinary commission if the
obligor is licensed to practice law;
(C) the professional standards board as established by
IC 20-1-1.4 if the obligor is a licensed teacher;
(D) the Indiana horse racing commission if the obligor
holds or applies for a license issued under IC 4-31-6;
(E) the Indiana gaming commission if the obligor holds or
applies for a license issued under IC 4-33; or
(F) the commissioner of the department of insurance if the
obligor holds or is an applicant for a license issued under
IC 27-1-15.5 or IC 27-10-3; or
(G) the director of the department of natural resources
if the obligor holds or is an applicant for a license
issued by the department of natural resources under
the following:
(i) IC 14-22-12 (fishing, hunting, and trapping
licenses).
(ii) IC 14-22-14 (Lake Michigan commercial
fishing license).
(iii) IC 14-22-16 (bait dealer's license).
(iv) IC 14-22-17 (mussel license).
(v) IC 14-22-19 (fur buyer's license).
(vi) IC 14-24-7 (nursery dealer's license).
(vii) IC 14-31-3 (ginseng dealer's license).
(6) Explains that the only basis for contesting the issuance of
an order under subdivision (3) or (5) is a mistake of fact.
(7) Explains that an obligor may contest the Title IV-D
agency's determination to issue an order under subdivision (3)
or (5) by making written application to the Title IV-D agency
within twenty (20) days after the date the notice is mailed.
(8) Explains the procedures to:
(A) pay the obligor's child support arrearage in full;
(B) establish a payment plan with the Title IV-D agency
to pay the arrearage; and
(C) request the activation of an income withholding order
under IC 31-2-10-7 IC 31-16-15-2.
(b) Whenever the Title IV-D agency finds that an obligor is
delinquent and has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage and request the activation of an income
withholding order under IC 31-2-10-7 IC 31-16-15-2; or
(3) request a hearing under section 35 of this chapter within
twenty (20) days after the date the notice described in
subsection (a) is mailed;
the Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent.
(c) An order issued under subsection (b) must require the
following:
(1) If the obligor who is the subject of the order holds a
driving license or permit on the date the order is issued, that
the driving privileges of the obligor be suspended until further
order of the Title IV-D agency.
(2) If the obligor who is the subject of the order does not hold
a driving license or permit on the date the order is issued, that
the bureau of motor vehicles may not issue a driving license
or permit to the obligor until the bureau of motor vehicles
receives a further order from the Title IV-D agency.
(d) The Title IV-D agency shall provide the:
(1) full name;
(2) date of birth;
(3) verified address; and
(4) Social Security number or driving license number;
of the obligor to the bureau of motor vehicles.
(e) When the Title IV-D agency finds that an obligor who is an
applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined
in IC 25-1-1.2-6) is delinquent and the applicant or practitioner has
failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage or request the activation of an income
withholding order under IC 31-2-10-7; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the board regulating the
practice of the obligor's profession or occupation stating that the
obligor is delinquent.
(f) An order issued under subsection (e) must direct the board
regulating the obligor's profession or occupation to impose the
appropriate sanctions described under IC 25-1-1.2.
(g) When the Title IV-D agency finds that an obligor who is an
attorney or a licensed teacher is delinquent and the attorney or
licensed teacher has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage or request the activation of an income
withholding order under IC 31-2-10-7 IC 31-16-15-2; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall notify the supreme court disciplinary
commission if the obligor is an attorney, or the professional
standards board if the obligor is a licensed teacher, that the obligor
is delinquent.
(h) When the Title IV-D agency finds that an obligor who holds
a license issued under IC 4-31-6 or IC 4-33 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage and request the activation of an income
withholding order under IC 31-2-10-7 IC 31-16-15-2; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the Indiana horse racing
commission if the obligor holds a license issued under IC 4-31-6, or
to the Indiana gaming commission if the obligor holds a license
issued under IC 4-33, stating that the obligor is delinquent and
directing the commission to impose the appropriate sanctions
described in IC 4-31-6-11 or IC 4-33-8.5-3.
(i) When the Title IV-D agency finds that an obligor who holds
a license issued under IC 27-1-15.5 or IC 27-10-3 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage and request the activation of an income
withholding order under IC 31-2-10-7 IC 31-16-15-2; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the commissioner of the
department of insurance stating that the obligor is delinquent and
directing the commissioner to impose the appropriate sanctions
described in IC 27-1-15.5-22 or IC 27-10-3-20.
(j) When the Title IV-D agency finds that an obligor who
holds a license issued by the department of natural resources
under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
IC 14-22-19, IC 14-24-7, or IC 14-31-3 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to
pay the arrearage and request the activation of an income
withholding order under IC 31-16-15-2; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the director of the
department of natural resources stating that the obligor is
delinquent and directing the director to suspend or revoke a
license issued to the obligor by the department of natural
resources as provided in IC 14-11-3.
SOURCE: IC 12-17-2-33.1; (97)LS8035.22. -->
SECTION 22. IC 12-17-2-33.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 33.1 (a) The bureau shall enter
into an agreement with the department of state revenue to
operate a data match system with each financial institution doing
business in the state.
(b) Each financial institution doing business in the state shall
provide information to the department of state revenue on all
noncustodial parents who:
(1) hold one (1) or more accounts with the financial
institution; and
(2) are delinquent.
(c) In order to provide the information required under
subsection (b), a financial institution shall either:
(1) identify noncustodial parents by comparing records
maintained by the financial institution with records
provided by the department of state revenue by:
(A) name; and
(B) either Social Security number or tax identification
number; or
(2) submit to the department of state revenue a report, in
a form satisfactory to the department of state revenue, that
includes the Social Security number or tax identification
number of each individual maintaining an account at the
financial institution.
(d) The information required under subsection (b) must:
(1) be provided on a quarterly basis; and
(2) include the:
(A) name;
(B) address of record; and
(C) either the Social Security number or tax
identification number;
of an individual identified under subsection (b).
(e) When the department of state revenue has determined
that the information required under subsection (d)(2) is identical
for an individual who holds an account with a financial
institution and an individual whose name appears on the
quarterly list prepared by the bureau under section 33 of this
chapter, the department of state revenue shall provide a notice
of the match and the action to be taken to block or encumber the
account with a lien for child support payment to the:
(1) individual;
(2) financial institution holding the account; and
(3) bureau.
(f) The notice under section (e) must inform the individual
that:
(1) the individual's account in a financial institution is
subject to a child support lien; and
(2) the individual may file an appeal with the Title IV-D
agency within twenty (20) days of the date the notice was
issued.
(g) The Title IV-D agency shall hold a hearing under 470
IAC 1-4 within twenty-five (25) days after an appeal is filed
under subsection (f). After a hearing is held under this
subsection, an individual who is aggrieved by the decision of the
Title IV-D agency may, within thirty (30) days after the decision,
file an appeal with the circuit court in the county:
(1) where the individual resides, if the individual is a
resident of the state; and
(2) in the state where a record of the individual's account
is located, if the individual is not a resident of the state;
for a trial de novo.
(h) The state's lien on assets under this section is subordinate
to any prior lien perfected by:
(1) a financial institution; or
(2) another legitimate lien holder.
(i) A lien issued under this section remains in effect until the
earlier of:
(1) one hundred twenty (120) days after issuance;
(2) the asset on which the lien is issued is surrendered; or
(3) the lien is released by an action of the bureau or the
department of state revenue.
(j) This section does not preclude a financial institution from
exercising its right to:
(1) charge back or recoup a deposit to an account; or
(2) set off from an account held by the financial institution
in which the noncustodial parent has an interest any debts
owed to the financial institution that existed before:
(A) the state's lien; and
(B) notification to the financial institution of the child
support delinquency.
(k) A financial institution ordered to block or encumber an
account under this section is entitled to collect its normally
scheduled account activity fees to maintain the account during
the period the account is blocked or encumbered.
(l) All information provided by a financial institution under
this section is confidential, and is available only to:
(1) the department of state revenue; and
(2) the office of the secretary;
for use only in child support enforcement activities.
(m) A financial institution providing information required
under this section is not liable for:
(1) disclosing the required information to the bureau or the
department of state revenue;
(2) blocking or surrendering any of an individual's assets
in response to a lien imposed by:
(A) the bureau or the department of state revenue
under this section; or
(B) a person or entity acting on behalf of the bureau;
or
(3) any other action taken in good faith to comply with this
section.
(n) The division shall pay a financial institution performing
the data match required by this section a reasonable fee for
providing the service that does not exceed the actual cost
incurred by the financial institution.
(o) The division shall pay the department of state revenue a
reasonable fee for operating the data match that does not exceed
the actual cost incurred by the department of state revenue.
SOURCE: IC 12-17-2-36; (97)LS8035.23. -->
SECTION 23. IC 12-17-2-36, AS ADDED BY P.L.23-1996,
SECTION 17, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 36. (a) As used in this section,
"board" has the meaning set forth in IC 25-1-1.2-2.
(b) If an obligor holds a license issued by a board and requests
a hearing under section 35 of this chapter but fails to appear or
appears and is found to be delinquent, the Title IV-D agency shall
issue an order to the board that issued the obligor's license:
(1) stating that the obligor is delinquent; and
(2) requiring the board to comply with the actions required
under IC 25-1-1.2-8(b).
(c) If an obligor holds a license issued under IC 4-31-6 or
IC 4-33 and requests a hearing under section 35 of this chapter but
fails to appear or appears and is found to be delinquent, the Title
IV-D agency shall issue an order to the:
(1) Indiana horse racing commission, if the obligor holds a
license issued under IC 4-31-6; or
(2) Indiana gaming commission, if the obligor holds a license
issued under IC 4-33;
stating that the obligor is delinquent and requiring the commission
to comply with the actions required under IC 4-31-6-11 or
IC 4-33-8.5-3.
(d) If an obligor holds a license issued under IC 27-1-15.5 or
IC 27-10-3 and requests a hearing under section 35 of this chapter
but fails to appear or appears and is found to be delinquent, the Title
IV-D agency shall issue an order to the commissioner of the
department of insurance:
(1) stating that the obligor is delinquent; and
(2) requiring the commissioner to comply with the actions
required under IC 27-1-15.5-22 or IC 27-10-3-20.
(e) If an obligor holds a license issued by the department of
natural resources under IC 14-22-12, IC 14-22-14, IC 14-22-16,
IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests
a hearing under section 35 of this chapter but fails to appear, or
appears and is found to be delinquent, the Title IV-D agency
shall issue an order to the director of the department of natural
resources:
(1) stating that the obligor is delinquent; and
(2) requiring the director to suspend or revoke a license
issued by the department as provided in this section.
SOURCE: IC 14-8-2-29.7; (97)LS8035.24. -->
SECTION 24. IC 14-8-2-29.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 29.7. "Bureau", for purposes
of IC 14-11-3, has the meaning set forth in IC 14-11-3-0.3.
SOURCE: IC 14-8-2-66.5; (97)LS8035.25. -->
SECTION 25. IC 14-8-2-66.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 66.5. "Delinquent", for
purposes of IC 14-11-3, has the meaning set forth in
IC 14-11-3-0.5.
SOURCE: IC 14-11-3-0.3; (97)LS8035.26. -->
SECTION 26. IC 14-11-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 0.3. As used in this chapter,
"bureau" refers to the child support bureau (Title IV-D agency)
established under IC 12-17-2.
SOURCE: IC 14-11-3-0.5; (97)LS8035.27. -->
SECTION 27. IC 14-11-3-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 0.5. As used in this chapter,
"delinquent" means at least:
(1) two thousand dollars ($2,000); or
(2) three (3) months;
past due on payment of court ordered child support.
SOURCE: IC 14-11-3-4; (97)LS8035.28. -->
SECTION 28. IC 14-11-3-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 4. (a) Upon receiving an order
from the bureau under IC 12-17-2-34(j), the director shall send
to the person who is the subject of the order a notice that does
the following:
(1) States that the person is delinquent and is subject to an
order placing the person on probationary status.
(2) Explains that unless the person contacts the bureau
and:
(A) pays the person's child support arrearage in full;
(B) requests the activation of an income withholding
order under IC 31-16-15-2 and establishes a payment
plan with the bureau to pay the arrearage; or
(C) requests a hearing under IC 12-17-2-35;
within twenty (20) days after the date the notice is mailed,
the director shall place the person on probationary status
with respect to any license issued to the person under
IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
IC 14-22-19, IC 14-24-7, or IC 14-31-3.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to
an order placing the person on probationary status by
making written application to the bureau within twenty
(20) days after the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to
an order placing the person on probationary status is a
mistake of fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay
the arrearage;
(C) request the activation of an income withholding
order under IC 31-16-15-2; and
(D) request a hearing under IC 12-17-2-35.
(6) Explains that the probation will terminate ten (10)
business days after the director receives a notice from the
bureau that the person has:
(A) paid the person's child support arrearage in full;
or
(B) established a payment plan with the bureau to pay
the arrearage and requested the activation of an
income withholding order under IC 31-16-15-2.
(b) Upon receiving an order from the bureau under
IC 12-17-2-36(e), the director shall send to the person who is the
subject of the order a notice that states the following:
(1) That a license issued to the person under IC 14-22-12,
IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
IC 14-24-7, or IC 14-31-3 has been placed on probationary
status, beginning five (5) business days after the date the
notice is mailed, and that the probation will terminate ten
(10) business days after the director receives a notice from
the bureau that the person has:
(A) paid the person's child support arrearage in full;
or
(B) established a payment plan with the bureau to pay
the arrearage and requested the activation of an
income withholding order under IC 31-16-15-2.
(2) That if the director is advised by the bureau that the
person whose license has been placed on probationary
status has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay
the arrearage and request the activation of an income
withholding order under IC 31-16-15-2;
within twenty (20) days after the date the notice is mailed,
the director shall suspend the person's license.
(c) If a person whose license has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage and request the activation of an income
withholding order under IC 31-16-15-2;
within twenty (20) days after the notice required under
subsection (b) is mailed, the director shall suspend the person's
license.
(d) The director may not reinstate a license placed on
probation or suspended under this section until the director
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage and requested the activation of an income
withholding order under IC 31-16-15-2.
SOURCE: IC 16-37-1-10; (97)LS8035.29. -->
SECTION 29. IC 16-37-1-10 AS AMENDED BY SEA 8-1997,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 10. (a) Except as provided in subsection (b), the
records and files of the division of the state department concerning
vital statistics are subject to this article and rules of the state
department. Data contained in the records and files may be disclosed
only as follows:
(1) Disclosure of birth out of wedlock or of information from
which birth out of wedlock can be ascertained may be made
only upon order of a court.
(2) (1) The state registrar shall permit inspection of the records
or issue a certified copy of a certificate or part of a certificate
only if the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matter
recorded.
(B) That the information is necessary for the
determination of personal or property rights or for
compliance with state or federal law.
The state registrar's decision is subject to review by the state
department or a court under this section.
(3) (2) The state department may permit the use of data
contained in vital statistical records for research purposes only,
but no identifying use may be made of the data.
(4) (3) In any extraordinary case that the state registrar
determines is a direct tangible and legitimate public interest.
(b) This section does not apply to the natural parent of a child
born out of wedlock who has not lost custody of the child in a court
action under IC 31-19 or IC 31-35 (or IC 31-3-1 or IC 31-6-5 before
their repeal.) The natural parent who has not lost custody is, upon
presentation of proper identification, entitled to obtain a copy of all
records relative to the birth of the child.
(b) The birth record of an adopted child remains subject to
the confidentiality provisions of IC 31-19 regarding the release of
adoption information.
SOURCE: IC 16-37-2-2; (97)LS8035.30. -->
SECTION 30. IC 16-37-2-2, AS AMENDED BY SEA 8-1997,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 2. (a) A person in attendance at a live birth shall do the
following:
(1) File with the local health officer the following:
(A) A certificate of birth.
(B) Any paternity affidavit executed under section 2.1
section 2.1(c)(1) of this chapter.
(2) Advise the mother of a child born out of wedlock of:
(A) the availability of paternity affidavits under section
2.1 of this chapter; and
(B) the existence of the putative father registry established
by IC 31-3-1.5-6 IC 31-19-5-2.
(b) If there was no person in attendance at the birth, one (1) of
the parents shall file with the local health officer the following:
(1) A certificate of birth.
(2) Any paternity affidavit executed under section 2.1 of this
chapter.
(c) If:
(1) no person was in attendance at the birth and neither parent
is able to prepare the certificate; or
(2) the local health officer does not receive a certificate of
birth;
the local health officer shall prepare a certificate of birth from
information secured from any person who has knowledge of the
birth.
(d) A local health department shall inform the Title IV-D agency
(as defined in IC 31-2-10-6) IC 31-9-2-130) regarding each paternity
affidavit executed under section 2.1 of this chapter that the local
health department receives under this section.
(e) A paternity affidavit executed under section 2.1 section
2.1(c)(1) of this chapter shall be filed with the local health officer
not more than five (5) days after the child's birth. occurs.
(f) An attorney or agency that arranges an adoption may at any
time request that the state department search its records to determine
whether a man executed a paternity affidavit under section 2.1 of this
chapter in relation to a child who is or may be the subject of an
adoption that the attorney or agency is arranging.
(g) Not more than ten (10) days after receiving a request from
an attorney or agency under subsection (f), the state department shall
submit an affidavit to the attorney or agency verifying whether a
paternity affidavit has been filed under this section. If a paternity
affidavit has been filed regarding a child who is the subject of a
request under subsection (f), the state department shall release a copy
of the paternity affidavit to the requesting attorney or agency.
SOURCE: IC 16-37-2-2.1; (97)LS8035.31. -->
SECTION 31. IC 16-37-2-2.1, AS AMENDED BY SEA
8-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 1997]: Sec. 2.1. (a) A paternity affidavit may be
executed as provided in this section through:
(1) a hospital; or
(2) a local health department.
(b) Immediately before or after the birth of a child who is born
out of wedlock, a person who attends or plans to attend the birth,
including personnel of all public or private birthing hospitals, shall:
(1) provide an opportunity for:
(1) (A) the child's mother; and
(2) (B) a male man who reasonably appears to be the
child's biological father;
to execute an affidavit acknowledging paternity of the
child ; and
(2) verbally explain to the individuals listed in subdivision
(1) the legal effects of an executed paternity affidavit as
described in subsection (g).
(b) (c) A paternity affidavit under this section must be executed
on a form provided by the state department. The paternity affidavit
is not valid only if the affidavit is executed as follows:
(1) If executed through a hospital, the paternity affidavit
must be completed not more than seventy-two (72) hours
after the child's birth. or
(2) If executed through a local health department, the
paternity affidavit must be completed before the child has
reached the age of emancipation.
(d) A paternity affidavit is not valid if it is executed after the
mother of the child has executed a consent to adoption of the child
and a petition to adopt the child has been filed.
(c) (e) A paternity affidavit executed under this section must
contain or be attached to all of the following:
(1) The mother's sworn statement asserting that a person
described in subsection (a)(2) is the child's biological father.
(2) A statement by a person identified as the father under
subdivision (1) attesting to a belief that he is the child's
biological father.
(3) Written information furnished by the division of family and
children:
(A) explaining the effect of an executed paternity affidavit
as described in subsection (e); subsection (g); and
(B) describing the availability of child support
enforcement services.
(4) The Social Security number of each parent.
(d) (f) A woman who knowingly or intentionally falsely names
a man as the child's biological father under this section commits a
Class A misdemeanor.
(e) (g) A paternity affidavit executed under this section:
(1) establishes paternity; and
(2) gives rise to parental rights and responsibilities of the
person described in subsection (c)(2), subsection (e)(2),
including the right of the child's mother or the Title IV-D
agency to obtain a child support order against the person.
However, if a paternity affidavit is executed under this section,
the child's mother has sole legal custody of the child unless
another custody determination is made by a court in a proceeding
under IC 31-14.
(f) (h) Notwithstanding any other law, any person listed in
IC 31-6-6.1-2 IC 31-14-4-1 or IC 31-14-4-3 may, within sixty (60)
days of the date that a paternity affidavit is executed under this
section, file an action in a court with jurisdiction over paternity to
have a the paternity affidavit that is executed under this section set
aside.
(i) A paternity affidavit that is properly executed under this
section may not be rescinded more than sixty (60) days after the
paternity affidavit is executed except in cases of fraud, duress, or
material mistake of fact.
(j) Unless good cause is shown, a court shall not suspend the
legal responsibilities under subsection (g)(2) of a party to the
executed paternity affidavit during a challenge to the affidavit.
(k) The court shall set aside the paternity affidavit upon a
showing from a blood or genetic test that sufficiently demonstrates
that the person who executed the paternity affidavit is not the child's
biological father.
(g) (l) If a paternity affidavit is not executed under this section,
subsection (b), the hospital where the birth occurs or a person in
attendance at a live the birth shall inform the child's mother of
services available for establishing paternity.
SOURCE: IC 16-37-2-9; (97)LS8035.32. -->
SECTION 32. IC 16-37-2-9, AS AMENDED BY SEA 8-1997,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 9. (a) The local health officer shall make a permanent
record of the following from a birth certificate:
(1) Name.
(2) Sex.
(3) Date of birth.
(4) Place of birth.
(5) Name of the parents.
(6) Birthplace of the parents.
(7) The date of filing of the certificate of birth.
(b) Except as provided in subsection (c), the permanent record
shall be open to public inspection.
(c) Records of the birth of children born out of wedlock shall be
kept in a separate record and are not open to public inspection.
Disclosure of birth out of wedlock or of information from which
birth out of wedlock can be ascertained may be made only upon
order of a court. However:
(1) the natural parent of a child born out of wedlock; or
(2) a parent who has executed an affidavit under section 2.1 of
this chapter;
who has not lost custody of the child in a court action under
IC 31-19 or IC 31-35 (or IC 31-3-1 or IC 31-6-5 before their repeal)
is, upon presentation of proper identification, entitled to obtain a
copy of all records relative to the birth of the child.
(c) The birth record of an adopted child remains subject to
the confidentiality provisions of IC 31-19 regarding the release of
adoption information.
SOURCE: IC 16-37-2-16; (97)LS8035.33. -->
SECTION 33. IC 16-37-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 16. (a) If the alleged
father a man claiming to be the child's biological father marries
the mother of a child born out of wedlock, the local health officer
shall accept a new certificate of birth filed not more than six (6)
months after the marriage on the request of either of the parents or
the parents' agent for the purpose of using the father's surname. the
man and the mother may produce proof of the marriage and
execute a paternity affidavit under section 2.1 of this chapter.
The local health officer shall then correct the local record according
to the new certificate, removing any reference to remove all
evidence of the fact that the child was born out of wedlock from the
child's record of birth. The new certificate proof of marriage and
executed paternity affidavit shall be forwarded to the state
department with an attached statement by the local health officer.
indicating for whom the new certificate is being filed. Upon
receiving the proof of marriage and executed paternity affidavit,
the state department shall make the corrections to the child's
certificate of birth.
(b) Upon receipt of such certificate with attached statement, the
state department shall file the new certificate in place of the original
and destroy the original certificate.
SOURCE: IC 16-37-2-18; (97)LS8035.34. -->
SECTION 34. IC 16-37-2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 18. If a certificate
of birth is issued from the record described in section 17 section 16
of this chapter, the certificate:
(1) must include:
(A) the full name of the child;
(B) the date and place of birth;
(C) the name of the father;
(D) the maiden name of the mother; and
(E) other data required;
(2) must be uniform in color, size, and content with all other
certificates; and
(3) may not refer to the fact that the child was born out of
wedlock.
SOURCE: IC 22-4.1-4-2; (97)LS8035.35. -->
SECTION 35. IC 22-4.1-4-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE OCTOBER 1, 1997]: Sec. 2. (a) This section applies
only to an employer who employs individuals within the state.
(b) As used in this section, "date of hire" is the first date that
an employee provides labor or services to an employer.
(c) As used in this section, "employee":
(1) has the meaning set forth in Chapter 24 of the Internal
Revenue Code of 1986; and
(2) includes any individual:
(A) required under Internal Revenue Service
regulations to complete a federal form W-4; and
(B) who has provided services to an employer.
The term does not include an employee of a federal or state
agency who performs intelligence or counter intelligence
functions if the head of the agency determines that the reporting
information required under this section could endanger the safety
of the employee or compromise an ongoing investigation or
intelligence mission.
(d) As used in this section, "employer" has the meaning set
forth in Section 3401(d) of the Internal Revenue Code of 1986.
The term includes:
(1) governmental agencies and labor organizations; and
(2) a person doing business in the state as identified by:
(A) the person's federal employer identification
number; or
(B) if applicable, the common paymaster, as defined in
Section 3121 of the Internal Revenue Code or the
payroll reporting agent of the employer, as described
in IRS Rev. Proc. 70-6, 1970-1, C.B. 420.
(e) As used in this section, "labor organization" has the
meaning set forth in 42 U.S.C. 653A(a)(2)(B)(ii).
(f) The department shall maintain the Indiana directory of
new hires as required under 42 U.S.C. 653A.
(g) The directory under subsection (f) must contain
information that an employer must provide to the department for
each newly hired employee as follows:
(1) The information must be transmitted within twenty (20)
business days of the employee's date of hire.
(2) If an employer transmits reports under this section
magnetically or electronically, the information must be
transmitted in two (2) monthly transactions that are:
(A) not less than twelve (12) days apart; and
(B) not more than sixteen (16) days apart.
If mailed, the report is considered timely if it is postmarked on
or before the due date. If the report is transmitted by facsimile
machine or by using electronic or magnetic media, the report is
considered timely if it is received on or before the due date.
(h) The employer shall provide the information required
under this section on an employee's withholding allowance
certificate (Internal Revenue Service form W-4) or, at the
employer's option, an equivalent form. The report may be
transmitted to the department by first class mail, by facsimile
machine, electronically, or magnetically. The report must include
at least the following:
(1) The name, address, and social security number of the
employee.
(2) The name, address, and federal tax identification
number of the employer.
(i) An employer that has employees in two (2) or more states
and that transmits reports under this section electronically or
magnetically may comply with this section by doing the following:
(1) Designating one (1) state to receive each report.
(2) Notifying the Secretary of the United States Department
of Health and Human Services which state will receive the
reports.
(3) Transmitting the reports to the agency in the designated
state that is charged with receiving the reports.
(j) The department may impose a civil penalty of five
hundred dollars ($500) on an employer that fails to comply with
this section if the failure is a result of a conspiracy between the
employer and the employee to:
(1) not provide the required report; or
(2) provide a false or an incomplete report.
(k) The information received from an employer regarding
newly hired employees shall be:
(1) entered into the state's new hire directory within five
(5) business days of receipt; and
(2) forwarded to the national directory of new hires within
three (3) business days after entry into the state's new hire
directory.
The state shall use quality control standards established by the
Administrators of the National Directory of New Hires.
(l) The information contained in the Indiana directory of new
hires is available only for use by the department and the office
of the secretary of family and social services for purposes
required by 42 U.S.C. 653A, unless otherwise provided by law.
(m) The office of the secretary of family and social services
shall reimburse the department for any costs incurred in carrying
out this section.
(n) The office of the secretary of family and social services
and the department shall enter into a purchase of service
agreement that establishes procedures necessary to administer
this section.
SOURCE: IC 31-14-11-11; (97)LS8035.36. -->
SECTION 36. IC 31-14-11-11, AS ADDED BY SEA 8-1997,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 11. The court shall require that support payments be
made through the clerk of the court or the child support bureau
under IC 12-17-2 as trustee for remittance to the person entitled to
receive the payments, unless the court has reasonable grounds for
providing or approving another method of payment.
SOURCE: IC 31-14-11-12; (97)LS8035.37. -->
SECTION 37. IC 31-14-11-12, AS ADDED BY SEA 8-1997,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 12. (a) If the clerk of the court is notified by the Title
IV-D agency or the agency's designee that:
(1) the child who is the beneficiary of a support order is
receiving assistance under the federal Aid to Families with
Dependent Children Title IV-A assistance program (42
U.S.C. 601 et seq.); and
(2) an assignment of support rights in favor of the state is in
effect against the person obligated to make child support
payments;
the clerk of the court shall forward the child support payments
directly to the Title IV-D agency without further order of the court.
(b) The Title IV-D agency shall disburse the child support
payments in accordance with federal regulations governing the Title
IV-D program.
SOURCE: IC 31-19-11-1; (97)LS8035.38. -->
SECTION 38. IC 31-19-11-1, AS ADDED BY SEA 8-1997, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 1. (a) Whenever the court has heard the evidence and
finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with
the court an affidavit prepared by the state department of
health under IC 31-19-5-16 indicating whether a man is
entitled to notice of the adoption because the man has
registered with the putative father registry in accordance with
IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity
affidavit executed under IC 16-37-2-2.1;
has been filed in relation to the child; and
(7) proper consent, if consent is necessary, to the adoption has
been given;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's
affidavit under IC 31-19-5-16 is filed with the court as provided
under subsection (a)(4).
SOURCE: IC 31-14-11-1.1; (97)LS8035.38. -->
SECTION 39. IC 31-14-11-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 1.1. In a paternity proceeding,
the court shall issue a temporary order for child support if there
is clear and convincing evidence that the man involved in the
proceeding is the child's biological father.
SOURCE: IC 31-14-8-3; (97)LS8035.40. -->
SECTION 40. IC 31-14-8-3 IS REPEALED [EFFECTIVE
JULY 1, 1997].
SOURCE: IC 16-37-2-17; (97)LS8035.41. -->
SECTION 41. IC 16-37-2-17 IS REPEALED [EFFECTIVE
JULY 1, 1997].
SOURCE: ; (97)LS8035.42. -->
SECTION 42. [EFFECTIVE UPON PASSAGE] The division
of family and children under IC 12-13 shall seek any available
waivers from the Secretary of the United States Department of
Health and Human Services that are required to carry out the
provisions of this act.
SOURCE: ; (97)LS8035.43. -->
SECTION 43. [EFFECTIVE JULY 1, 1997] (a) The
centralized system study committee is established.
(b) The committee shall study issues relating to the collection
and disbursement of child support in Indiana, including the
feasibility of implementing a centralized system in Indiana as
required by federal law, with an emphasis placed on ensuring
that families who are owed support are served in the most
effective, efficient, and expeditious way possible.
(c) The committee consists of eight (8) members of the
general assembly, appointed as follows:
(1) The speaker of the house of representatives, with the
advice of the republican leader of the house of
representatives, shall appoint four (4) members of the
house of representatives, not more than two (2) of whom
are members of the same political party.
(2) The president pro tempore of the senate, with the
advice of the minority leader of the senate, shall appoint
four (4) members of the senate, not more than two (2) of
whom are members of the same political party.
(d) At the time the committee members are appointed, the:
(1) president pro tempore of the senate shall name one (1)
of the members chairman; and
(2) speaker of the house of representatives shall name
another member vice chairman.
(e) The initial appointments to the committee shall be made
before July 1, 1997. The appointments are for a term expiring
December 1, 1997. A vacancy shall be filled through the
appointment of a replacement by the appointing authority.
(f) The committee shall issue a final report of its findings and
recommendations to the legislative council and the general
assembly not later than November 1, 1997.
(g) The committee shall meet at the call of the chairman or
at other times determined by the committee.
(h) Each member of the committee is entitled to receive the
same per diem, mileage, and travel allowance paid to members
of the general assembly serving on interim study committees
established by the legislative council.
(i) The committee is under the jurisdiction of the legislative
council and shall operate under policies and procedures
established by the legislative council.
(j) The legislative council may establish a budget for the
committee. Subject to prior authorization of the legislative
council, the expenses incurred by the committee in performing its
duties shall be paid from the funds appropriated to the council.
(k) The legislative services agency shall provide staff and
administrative support for the committee.
(l) This SECTION expires November 1, 1997.
SOURCE: ; (97)LS8035.44. -->
SECTION 44. An emergency is declared for this act.
SEA 13(ss)
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