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Indiana General Assembly > Session > 1997 Special Session 1 > Senate Bill 1 - Various welfare matters Senate Bill 1 - Various welfare matters

Introduced Version
SENATE BILL No. 1 (ss)

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-7-2 ; IC 12-13-14 ; IC 12-17-2 ; IC 14-8-2-29.7 ; IC 14-8-2-66.5 ; IC 14-11-3 ; IC 16-37-1-10 ; IC 16-37-2 ; IC 22-4.1-4-2 ; IC 31-11-4-4 ; IC 31-14-11-11 ; IC 31-14-11-12 ; IC 31-19-11-1 ; IC 16-37-2-17.

Synopsis: Various welfare matters. Child support matters. Requires the child support bureau to enter into an agreement with the department of state revenue to operate a data match system with each financial institution in the state to help locate noncustodial parents who are delinquent in making child support payments. Provides details regarding how the data match system must operate. Requires the bureau to retain money received through a federal tax refund offset on behalf of an individual who has received or is receiving public assistance to offset the individual's arrearage to the state. Requires the director of the department of natural resources to revoke a recreational license provided by the department to an individual who is delinquent in paying child support. Provides due

(Continued next page)

Effective: Upon passage; July 1,1997; October 1, 1997.

Kenley, Simpson

    May 14, 1997, read first time and referred to Committee on Rules and Legislative Procedure.


Digest Continued

process procedures for the child support bureau and the director to follow. Provides that the birth record of a child born out of wedlock is available for inspection without a court order. Provides that the birth record of an adopted child remains subject to confidentiality provisions currently in law. Provides circumstances under which a paternity affidavit is valid. Provides that an individual may not rescind a paternity affidavit more than 60 days after the paternity affidavit is executed except in cases of fraud, duress, or material mistake of fact. Requires the state department of health to correct a child's birth certificate upon receiving proof of marriage and an executed paternity affidavit. Provides that whenever a paternity affidavit is executed, the child's mother has sole legal custody of the child unless another custody determination is made through a court proceeding. Requires an individual to provide the individual's Social Security number when applying for a marriage license or a professional license. Makes changes to and provides additional guidelines for the electronic benefits transfer (EBT) program administered by the office of the secretary of family and social services to provide various forms of public assistance through automated teller machines and point of sale terminals. Requires workforce development to maintain a directory of new hires. Creates the centralized system study committee.


Introduced

First Regular Session 110th General Assembly (1997)


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.

SENATE BILL No. 1 (ss)



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:


SOURCE: IC 12-7-2-1; (97)LS8027.1. -->

    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)LS8027.2. -->

    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)LS8027.4. -->

    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)LS8027.5. -->

    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)LS8027.7. -->

    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)LS8027.8. -->

    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)LS8027.9. -->

    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)LS8027.10. -->

    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)LS8027.11. -->

    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)LS8027.12. -->

    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)LS8027.13. -->

    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)LS8027.14. -->

    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)LS8027.15. -->

    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)LS8027.16. -->

    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)LS8027.17. -->

    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)LS8027.18. -->

    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)LS8027.19. -->

    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)LS8027.20. -->

    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)LS8027.21. -->

    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)LS8027.22. -->

    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)LS8027.23. -->

    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)LS8027.24. -->

    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)LS8027.25. -->

    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)LS8027.26. -->

    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)LS8027.27. -->

    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)LS8027.28. -->

    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)LS8027.29. -->

    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)LS8027.30. -->

    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)LS8027.31. -->

    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)LS8027.32. -->

    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)LS8027.33. -->

    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)LS8027.34. -->

    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)LS8027.35. -->

    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 31-11-4-4; (97)LS8027.36. -->

    SECTION 36. IC 31-11-4-4 , AS ADDED BY SEA 8-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4. (a) An application for a marriage license must be written and verified. The application must contain the following information concerning each of the applicants:
        (1) Full name.
        (2) Birthplace.
        (3) Residence.
        (4) Age.
         (5) Social Security number.
        (5) (6) Names of dependent children.
        (6) (7) Full name, including the maiden name of a mother, last known residence, and, if known, the place of birth of:
            (A) the birth parents of the applicant if the applicant is not adopted; or
            (B) the adoptive parents of the applicant if the applicant is adopted.
        (7) (8) A statement of facts necessary to determine whether any legal impediment to the proposed marriage exists.
        (8) (9) Except as provided in subsection (d), an acknowledgment that both applicants must sign, affirming that the applicants have received the information described in section 5 of this chapter, including a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome). The acknowledgment required by this subdivision must be in the following form:

ACKNOWLEDGMENT

    I acknowledge that I have received information regarding dangerous communicable diseases that are sexually transmitted and a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome).
________________________    ____________
Signature of Applicant    Date
________________________    ____________
Signature of Applicant    Date
    (b) The clerk of the circuit court shall record the application, including the license and certificate of marriage, in a book provided for that purpose. This book is a public record.
    (c) The state department of health shall develop uniform forms for applications for marriage licenses. The state department of health shall furnish these forms to the circuit court clerks. The state department of health may periodically revise these forms.
    (d) Notwithstanding subsection (a), a person who objects on religious grounds is not required to:
        (1) verify the application under subsection (a) by oath or affirmation; or
        (2) sign the acknowledgment described in subsection (a)(8). (a)(9).
However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true.
    (e) If a person objects on religious grounds to:
        (1) verifying the application under subsection (a) by oath or affirmation; or
        (2) signing the acknowledgment described in subsection (a)(8); (a)(9);
the clerk of the circuit court shall indicate that fact on the application for a marriage license.
SOURCE: IC 31-14-11-11; (97)LS8027.37. -->

    SECTION 37. 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)LS8027.38. -->

    SECTION 38. 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)LS8027.39. -->

    SECTION 39. 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).

    SECTION 40. 1. SOURCE: IC 31-19-11-1; (97)LS8027.39. --> 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)LS8027.41. -->

    SECTION 41. IC 31-14-8-3 IS REPEALED [EFFECTIVE JULY 1, 1997].
SOURCE: IC 16-37-2-17; (97)LS8027.42. -->

    SECTION 42. IC 16-37-2-17 IS REPEALED [EFFECTIVE JULY 1, 1997].
SOURCE: ; (97)LS8027.43. -->

    SECTION 43. [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)LS8027.44. -->

    SECTION 44. [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)LS8027.45. -->

    SECTION 45. An emergency is declared for this act.