It is enacted by the General Assembly as follows:

SECTION 1. Sections 11-2-1 and 11-2-3 of the General Laws in Chapter 11-2 entitled "Abandonment and Nonsupport" are hereby amended to read as follows:

{ADD 11-2-1. Abandonment or nonsupport of spouse or children. -- ADD} Every person who shall abandon his or her spouse or children, leaving them in danger of becoming a public charge, or who shall neglect to provide according to his or her means for the support of his or her spouse or children, or who, shall neglect or refuse to aid in the support of his or her spouse and/or children {ADD , except as otherwise provided for in section 11-2-1.1, ADD} shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than six (6) months.

{ADD 11-2-3. Complaints for nonsupport -- Liability for costs. -- ADD} The director of the state department of human services or {DEL the supervisor of the bureau of family support and domestic relations, DEL} {ADD his or her designee ADD} or chief of police, or director of public welfare of any town, or such officer as the town council of any town or the city council of any city may appoint for the purpose, may make a complaint against any person for any of the offenses mentioned in section 11-2-1; and whenever any complaint shall be made by any of the above-mentioned officers on account of the violation of section 11-2-1, the officer complainant shall not be required to give surety for costs, but shall give his or her personal recognizance and be liable in his or her individual capacity therefor.

{ADD Pursuant to section 11-2-1.1, the department of human services, after an investigation to determine the extent of an arrearage and the ability of the obligor to pay same or some portion thereof may refer such case to the attorney general for prosecution in the family court for the county in which the obligor resides, unless such person does not reside within the state, then such prosecution may be brought in the family court for Providence County. ADD}

SECTION 2. Chapter 11-2 of the General Laws entitled "Abandonment and Nonsupport" is hereby amended by adding thereto the following section:

{ADD 11-2-1.1. Failure to pay child support. -- ADD} {ADD (a) Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11 of title 15, who has incurred arrearage of past due child support in the amount of thirty thousand dollars ($30,000), and who shall wilfully thereafter, having the means to do so, fail to pay one or more installments of child support in an amount previously set by the court, according to the terms previously set by the court shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years.

(b) who have wilfully for a period of three (3) years, failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay one or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make such subsequent payments and upon conviction be punished by imprisonment for a period not to exceed five (5) years.

(c) For purposes of this section the term, "subsequent payments", shall mean those payments or installments due and owing after a person has incurred an arrearage of thirty thousand dollars ($30,000) as specified in subsection (a) or those payments or installments due and owing after a person has failed to pay an installment for a period of three (3) years.

(d) The court may in its discretion direct that such sentence be served pursuant to section 12-19-2(b). ADD}

SECTION 3. Chapter 11-33 of the General Laws entitled "Perjury and False Swearing" is hereby amended by adding thereto the following section:

{ADD 11-33-7. Perjury or false swearing -- Child support. -- ADD} {ADD Every person who shall violate any provision of this chapter in any case or controversy involving the abandonment or nonsupport of a child pending before the family court or any other tribunal or agency of competent jurisdiction shall be guilty of a felony and shall be imprisoned for a term not to exceed twenty (20) years. ADD}

SECTION 4. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:

{ADD 15-5-16.2. Child support. -- ADD} (a) In a proceeding for divorce, divorce from bed and board or a miscellaneous petition without the filing of divorce proceedings, or child support, the court {DEL may DEL} {ADD shall ADD} order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by an administrative order of the family court. If, after calculating support based upon {ADD court- ADD} established {DEL court DEL} formula and guidelines, the court, in its discretion, finds the order would be inequitable to the child or either parent, the court shall make findings of fact and {DEL may DEL} {ADD shall ADD} order either or both parents owing a duty of support to pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:

(1) The financial resources of the child;

(2) The financial resources of the custodial parent;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child and his educational needs; and

(5) The financial resources and needs of the non-custodial parent.

(b) The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth birthday.

(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his support, custody, and visitation. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents. After a decree for support has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount of support and the payment thereof, and may make any decree relative thereto which it might have made in the original suit. The decree may be made retroactive in the court's discretion to the date that the court finds that a substantial change in circumstances has occurred; provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.

(d) In a proceeding to enforce a child support order, or a spousal support order for a custodial parent having custody of a minor child, the court or its master may assign to the obligee such tangible personal property of the obligor as will be sufficient to satisfy the child or spousal support arrearage owed. The court or its master, after hearing, shall establish the amount of the child or spousal support arrearage, and the nature and value of the tangible personal property. To effect the assignment, the court or its master may order the obligor to execute and deliver the documents of title which may be necessary to complete the transfer of title to the property, and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor fails to comply with the order assigning the property, the order of assignment shall be regarded as a judgment vesting title to the property in the obligor as fully and completely as if the obligor had executed and delivered the documents of title.

{ADD Any order for child support issued by the family court shall contain a provision requiring either or both parents owing a duty of support to a child to obtain health insurance coverage for said child when such coverage is available to said parent or parents through their employment without cost or at a reasonable cost. Any existing child support orders may be modified in accordance with the provisions of this subsection unless the court makes specific written findings of fact that take into consideration the best interests of the child and conclude that such an order would be unjust or inappropriate in a particular case.

(e) In a proceeding to establish paternity or support, the court in its discretion may, after opportunity for hearing, issue a temporary order for child support payable into the registry of the court and to be held pending entry of judgment. In the event of a final adjudication requiring no payment or payments in an amount less than those payments which have been made pursuant to a temporary order under this section, the defendant shall be entitled to a refund of all or a portion of the amounts so paid. ADD}

SECTION 5. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby amended by adding thereto the following sections:

{ADD 15-5-16.2.5. Notification to obligor's employer of existence of order for health care insurance coverage. -- ADD} {ADD Whenever the department of human services on its own information or on account of a claim by an obligee, determines that an obligor parent has failed to comply with a judgment or order for health care insurance coverage issued pursuant to section 15-5-16.2, and such insurance is available to the obligor through his employer or at reasonable cost, the department shall send notice of the judgment or order to the obligor's employer. The judgment or order shall operate to enroll the minor child or children as fully and completely as if the obligor had executed a document authorizing the enrollment, and upon receipt of notice of the judgment or order from the department, the employer or provider of health care insurance shall, subject to the provisions of its contract and consistent with the provisions of the support order, enroll the child or children whether or not the employee has signed an enrollment application. In the event that the employer's benefit plan provides options as to health care plans or coverages, the employer shall choose the least expensive option available to the employee. ADD}

SECTION 6. Title 15 of the General Laws entitled "Domestic Relations" is hereby amended by adding thereto the following chapters:

{ADD 15-20-1. Notification to and by employer. -- ADD} {ADD (a) With respect to any support order maintained and enforced under the Rhode Island Family Court/Department of Human Services Child Support Enforcement System ("CSE System"), the clerk of the family court and/or the department of human services shall notify the current employer of the obligor parent of the existence of such order. The director of the department shall, by regulation, prescribe the timing and the form of such notice and the information to be provided in such notice, and the form, timing and content of all other notices required under this chapter.

(b) Within ten (10) days of the termination of an obligor parent employee, the employer shall notify the department of human services of the termination of said employee, and the date thereof. ADD}

{ADD 15-20-2. Duty of obligor parent to notify department. -- ADD} {ADD When the obligor parent changes employers, the obligor parent shall promptly notify his or her subsequent employer of his or her order for child support and/or health insurance and shall notify the department of human services of his or her new employment, and the department shall transfer the assignment, garnishment, or the order for child support and/or health insurance to the subsequent employer. If an assignment, garnishment, or order for child support and/or health insurance is in effect under this section but cannot be executed because the obligor parent has no employer, the department shall send the assignment, garnishment or order for child support or health insurance, to any employer who later employs the obligor as soon as the new employment is ascertained; provided, however, that the obligor parent's obligation on any such order shall continue, regardless of employment or lack thereof, unless suspended by order of the family court. ADD}

{ADD 15-20-3. Penalties. -- ADD} {ADD Failure by an obligor parent to comply with the provisions of this section shall be a misdemeanor and shall be punishable by imprisonment for a term not exceeding one (1) year, or by a fine of not more than one thousand dollars ($1,000), or both. ADD}

{ADD 15-21-1. Arrearages -- Collection procedures. -- ADD} {ADD The department of human services, in accordance with title IV, part D of the Social Security Act, is hereby authorized to institute collection procedures for all arrearages which accrue against child support payments owed pursuant to a court judgment or support order. These collection procedures shall include, but not be limited to, notification to employers that a wage assignment is in effect and not suspended; notification to obligors; demand letters; use of state and federal tax refund intercept programs; initiation of contempt proceedings; use of lien, levy and foreclosure of lien as provided in this chapter; garnishment or attachment of or lien against property; trustee process; civil actions; and any other civil remedy including body attachment, where appropriate, available for the enforcement of judgments or for the enforcement of child support orders. ADD}

{ADD 15-21-2. Creation of lien. -- ADD} {ADD (a) A child support obligation or reimbursement order which is enforceable by the department of human services in accordance with Title IV Part D of the Social Security Act and which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee or assignee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. Once a child support lien arises, such lien shall incorporate any unpaid child support which may accrue in the future and shall not terminate except as provided in section 15-21-4(f) below. The lien shall encumber all tangible and intangible property, whether real or personal, and rights to property, whether legal or equitable, belonging to the obligor including but not limited to the obligor's interest in any jointly-held property. An interest in personal property acquired by the obligor after the child support lien arises shall be subject to the lien. Without limiting the foregoing, "property" as used herein shall also include insurance and workers' compensation payments.

(b) In any case after the effective date of this section, where a lien arises in jointly held property, a nonobligor joint party whose interest appears of record or is otherwise known to the department shall receive notice of intent to lien and may request an administrative hearing with the department to contest the scope of the property interests of the lien or may seek judicial review by motion to the family court. Service of the notice shall be made by first class mail or by service as specified in the Rhode Island rules of procedure for domestic relations for the family court. ADD}

{ADD 15-21-3. Notice. -- ADD} {ADD (a) When the department of human services determines that child support is unpaid, it shall send written notice of intent to lien to the obligor by first class mail, if his address is known to the department. The notice of intent shall specify the amount unpaid as of the date of the notice or other date certain and the obligor's right to request a hearing by filing a written request with the department within thirty (30) days of the date of the notice. In addition, the notice shall identify the property, real or personal, which is subject to the lien. If the obligor requests a hearing, the director or his or her designee shall conduct the hearing expeditiously and the department shall not conduct further lien enforcement action hereunder until the director or his or her designee makes a final determination that the obligor is in arrears in the payment of a child support obligation. ADD}

{ADD (b) If the property subject to the lien is real property or personal property, the title to which is maintained as a public record, the department may record a copy of the notice of intent to lien in the recorder of deeds, registry of motor vehicles or other place where the title to the property is recorded. Any person taking to title to such property subsequent to such recording does so subject to the interest of the department, as it may be determined. Said notice of intent shall be recorded no more than ten (10) days prior to the mailing of the notice to the obligor under subsection (a) above. ADD}

{ADD 15-21-4. Notice of lien. -- ADD} {ADD (a) To perfect a lien with respect to real property, the department shall file a notice of lien with the recorder of deeds for the city or town in which the property is located. The recorder of deeds shall index the notice of intent under the name of the obligor in the grantors index.

(b) To perfect a child support lien with respect to personal property, the department shall file a notice of lien with the secretary of state's office, the registrar of motor vehicles, or any other office or agency within the state responsible for the filing or recording of liens. The filing of a notice of intent of the lien or of a waiver or release of the lien shall be received and registered or recorded without payment of a fee.

(c) If any obligor against whom a notice of intent to create a child support enforcement lien has been filed according to this section;

(i) fails to request a hearing within the time frame provided, or

(ii) fails to appear, or

(iii) neglects or refuses to pay the sum due after the expiration of thirty (30) days after a hearing is conducted by the department pursuant to section 15-21-3, at which the determination is made the obligor parent is in arrears; the notice of intent as filed shall be deemed and operate as a lien which is perfected by the department by the filing of a notice of lien. The notice of lien shall specify the property to be attached and the amount of the arrearage due and shall be filed in the office or city or town where the notice of intent was originally filed.

(d) The lien shall have priority over all subsequent liens or other encumbrances, subject to the provisions of section 6A-9-312 and with the exception of any lien for taxes. A child support lien that has been perfected shall encumber after-acquired personal property or proceeds.

(e) If the collection of any unpaid child support will be jeopardized by delay or exigent circumstances, as defined by rules promulgated by the director, the department may apply to the family court for an order to restrain the obligor parent from encumbering, moving, selling or in any way transferring any real or personal property which may be subject to the provisions of this section.

(f) The lien shall expire upon either termination of a current child support obligation and payment in full of unpaid child support, and release of the lien by the department. In any event, a lien under this chapter shall not expire until satisfied and discharged. Expiration of the lien shall not terminate the underlying order or judgment of child support. The department may issue a full or partial waiver or partial release or full discharge of any lien imposed under this section and shall file such waiver, release or discharge without fee in the city or town or office where the original lien was filed within ten (10) days of the obligors compliance with this section. The waiver or release or partial release or full discharge shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. ADD}

{ADD 15-21-5. Levy of personal property. -- ADD} {ADD (a) In any case where the department has perfected a lien pursuant to section 15-21-4, the department may collect such unpaid child support and levy upon all such property as provided in this section. The term "levy" includes the power of seizure by any means authorized by law. The department may seize and sell any property that is subject to levy. Any person in possession of property upon which a lien has been imposed shall, upon demand, surrender the property to the department.

(b) A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for the surrender of the contract document, constitute a demand by the department for payment of the amount of the lien and the exercise of the right of the obligor to the advance of that amount. Such organization shall pay the amount within ninety (90) days after service of notice of levy. The levy shall be deemed to be satisfied if the organization pays over to the department the full amount which the obligor could have had advanced to him, provided that the amount does not exceed the amount of the lien.

(c) Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the state for which levy is made, the department may thereafter, as often as necessary, proceed to levy, with notice, upon any other personal property of the obligor liable to levy, until the amount due from him, together with expenses, is fully paid. In all cases, any support obligations shall be fully satisfied prior to payments for expenses.

(d) Upon demand by the department, a person who fails or refuses to surrender personal property subject to levy shall be liable in his own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest, at the rate authorized for civil judgments, from the date of the levy. In addition, any person required to surrender property who fails or refuses to surrender the property without reasonable cause shall be liable for a penalty equal to twenty-five percent (25%) of the amount recoverable. The interest or penalty incurred under this subparagraph shall be paid to the general fund and shall not be credited against the child support liability. Any nonobligor party aggrieved by a decision of the department, may within ten (10) days of receipt of notice of demand, request an administrative hearing with the department. ADD}

{ADD 15-21-6. Release from liability. -- ADD} {ADD Any person in possession of, or obligated with respect to, personal property who upon demand by the department surrenders the property or discharges the obligation to the department, or who pays a liability under this section, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract, which is satisfied pursuant to this section, the organization shall also be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. ADD}

{ADD 15-21-7. Foreclosure of lien against real property. -- ADD} {ADD (a) If the obligor shall default in the payment of any child support obligation, or if the department has perfected a lien on real property in accordance with section 15-21-4 then it shall be lawful for the department or its assigns, to sell the real property of any defaulting obligor and the benefit and equity of redemption of the defaulting obligor and his or her heirs, executors, administrators, and assigns therein, at public auction upon the premises or at such other place, if any, as may be designated for that purpose by the department or its assigns, first by mailing written notice of the time and place of sale to the defaulting obligor, at his or her last known address, by certified mail, return receipt requested, at least twenty (20) days prior to publishing said notice, second, by publishing the same at least once each week for three (3) successive weeks in a public newspaper published daily in the city in which the real property is situated; and if there be no public newspaper published daily in the city where the real property is situated, or if the real property is not situated in a city, then, (1) if the real property is situated in the city of Central Falls, in a public newspaper published daily in the city of Pawtucket; (2) if the real property is situated in the town of North Providence, in a public newspaper published daily in the city of Providence; (3) if the real property is situated in any of the towns of Cumberland, Lincoln, Smithfield or North Smithfield, in a public newspaper published daily in either the city of Pawtucket, Woonsocket, or Providence; (4) if the real property is situated in the county of Providence elsewhere than in the above last named cities and towns, in a public newspaper published daily in the city of Providence; (5) if the real property is situated in the county of Newport, in a public newspaper published daily in the city of Newport; but if there be no such newspaper so published, then in some public newspaper published anywhere in the county of Newport; (6) if the real property is situated in any of the counties of Bristol, Kent, or Washington, in a public newspaper published daily in the city or town in which the real property is situated; but if there be no public newspaper so published, then in a public newspaper published in the city or town in which the real property is situated, or in some public newspaper published daily in the county in which the real property situated or in a public newspaper published daily in the city of Providence; with powers to adjourn such sale from time to time, provided that publishing of the notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and third, by mailing written notice of the same to any person or entity having an interest of record in the real property, records not later than thirty (30) days prior to the date originally scheduled for such sale, including without limitation, the holder of any mortgage or deed of trust with respect to such real property, to the address of such person or entity provided for such purpose in the land evidence records or at such other address as such person or entity may have provided the department in writing, such notice to be given by regular or certified mail, return receipt requested, at least twenty (20) days prior to the date originally scheduled for such sale; and in his or her or their own name or names, or as the attorney or attorneys of the defaulting obligor (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute and deliver to the purchaser or purchasers at such sale a good and sufficient deed or deeds of the defaulted real property, in fee simple, and to receive the proceeds of such sale or sales, and from such proceeds to retain all sums secured by the lien in favor of the department as of the date of such sale together with all expenses incident to such sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of such powers, and all taxes, assessments, and premiums for insurance, if any, either theretofore paid by the department, or its assigns, or then remaining unpaid upon the defaulted real property, rendering and paying the surplus of the proceeds of sale, if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of such sale or sales, expenses, and charges, to the defaulting obligor, or his or her heirs, executors, administrators or assigns; which sale or sales made as aforesaid shall forever be a perpetual bar against the defaulting obligor and his or her heirs, executors, administrators and assigns, and all persons claiming the defaulted real property, so sold, by, through or under him or her, them or any of them.

(b) Any foreclosure sale held by the department pursuant to subsection (a) above, and the title conveyed to any purchaser or purchasers pursuant to such sale, shall be subject to any lien or encumbrance entitled to a priority over the lien of the department pursuant to section 15-21-4. ADD}

{ADD 15-21-8. Civil actions not precluded. -- ADD} {ADD In any case where there has been a refusal or neglect to pay any child support or to discharge any liability in respect thereto, whether or not a levy has been made, the department, in addition to other modes of relief, may file an action in the family court. The filing of a civil action shall not preclude the department from enforcing the child support order through the use of any administrative means permitted by federal or state law. ADD}

{ADD 15-21-9. Written notice to obligor. -- ADD} {ADD At the time of perfecting a lien, executing a levy or seizing any property, the department shall send written notice to the obligor by first-class mail of the action taken. ADD}

{ADD 15-21-10. Judicial review. -- ADD} {ADD Any person aggrieved by a determination of the department pursuant to this chapter may seek judicial review within thirty (30) days of the department's final determination by filing a motion with the court. Commencement of the review shall not, unless specifically so ordered, stay enforcement of the child support collection procedures described in section 15-21-1. ADD}

{ADD 15-22-1. Access to information. -- ADD} {ADD (a) The department of human services shall have access to and may request information from the individuals and the entities named in this section. Such information shall be available to the department only for the purpose of and to the extent necessary for the administration of the child support enforcement program. No entity or individual who complies with this section shall be liable in any civil or criminal action or proceeding brought by an obligor or an obligee on account of such compliance. Holders maintaining personal data are authorized to disclose to the department all personal data requested hereunder, and such disclosures shall not violate the provisions of 38-2-2. Any entity or individual who, without reasonable cause, fails to reply to a request pursuant to this paragraph or who, without reasonable cause, fails to comply with a request within twenty (20) days of receipt, shall be liable for a civil penalty of one hundred dollars ($100) for each such violation, to be assessed by the department or by the family court. The department may secure information to which it is entitled by any method, including but not limited to, requests by paper, facsimile, telephone, magnetic tape or other electronic means.

(b) Information to which the department shall be entitled includes, but is not limited to, state income tax returns and all state income tax information including address, filing status, and the number of dependents reported on any return filed by any obligor, any other information, the contents and nature of which shall be determined and approved by the tax administrator and such federal tax data as permitted by federal law.

The information included in this provision shall be data or tax returns in any form or format, including data available by electronic means which is directly related to the obligor.

(c) Unless otherwise limited by statute, the department shall be entitled to all criminal offender record information of the obligor, which is necessary to locate the obligor or establish the obligor's ability to pay, including but not limited to National Criminal Information Center (NCIC) records and Bureau of Criminal Identification (BCI) records maintained by the department of the attorney general and the quarterly contribution reports of the department of employment and training.

(d) Unless otherwise limited by federal statute the department may require disclosure of information relating to the obligor, including but not limited to the obligor's location, employment, title to property, credit status, or professional affiliation to assist the department to determine the current whereabouts of an obligor from any source including but not limited to any state or municipal agency, utility company, including telephone, assessor's offices and housing authorities, employers, professional or trade associations and labor unions, professional or trade licensing boards, banks and other financial institutions, credit bureaus or agencies, or any other individual or entity which the department has reason to believe may have information that relates to or may assist in the location of the obligor. The failure of an individual or entity to provide the department, within such time and in such manner as the department may provide by regulation, with information relating to, or that may assist in locating, an obligor shall be punishable by a civil penalty to be assessed by the family court in the amount of one hundred dollars ($100) for each failure, and the individual or entity shall be required to provide such information.

(e) The department may request from any employer or other source of income whom the department has reason to believe employs an obligor, or otherwise provides the obligor with regular periodic income, information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The department shall not inquire of an employer or other source of income concerning the same obligor more than once every three months. Employers or other sources of income shall respond to such requests truthfully and in writing. No employer or other source of income who complies with this section shall be liable in any civil action or proceeding brought by the obligor on account of such compliance. Any employer or other source of income who, without good cause, fails to comply with a request as required by this section, within twenty (20) days of receipt of the request shall be liable for a civil penalty of one hundred dollars ($100) per day for each day of violation to be assessed by the family court and shall be required to provide such information.

(f) The department shall use such information gathered pursuant to this chapter only for purposes of administering the child support enforcement program and shall not disclose such information, other than the name and address of the obligor, except in proceedings or other activities to locate or identify obligors, to evaluate the ability of obligors to pay child support, to establish, modify or enforce child support orders, to collect child support, or in criminal prosecutions for failure to pay child support. Any employee of the department that uses or discloses such information in any other manner shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than six (6) months or both. ADD}

{ADD 15-11.1-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as the "Rhode Island Full Enforcement of Support Obligations Act." ADD}

{ADD 15-11.1-2. Definitions. -- ADD} {ADD For the purposes of this chapter:

(1) "Board" means any bureau, board or commission or other licensor that is affiliated with or is a part of the department of business regulation and any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession, industry, or authorizes a person to operate a motor vehicle.

(2) "Director" means the director of the department of human services.

(3) "Compliance with a court order of support" means that, the support obligor is no more than ninety (90) days in arrears in making payments in full for current support, in making periodic payments on a support arrearage pursuant to a written agreement with the department of human services or in making periodic payments as set forth in a court order of support and has obtained or maintained health insurance coverage if required by a court order of support.

(4) "Court order of support" means any judgment or order for the support of dependent children now or hereinafter recorded and maintained on the child support enforcement (CSE) system which has been issued by any court of the state or another state, including an order in a final decree of divorce or any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.

(5) "Department" means the department of human services.

(6) "License" means any of the following: a license to operate a motor vehicle, a motor vehicle registration, a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry.

(7) "Licensee" means any individual holding any of the following: a license to operate a motor vehicle, motor vehicle registration, a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry.

(8) "CSE system" means the Rhode Island family court/department of human services child support computer enforcement system, which system maintains the official record of support orders and arrearages of all support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court.

(9) "Obligor" means any person required to make payments under the terms of a court order of support. ADD}

{ADD 15-11.1-3. Notice. -- ADD} {ADD (1) The department may serve notice upon a support obligor who is not in compliance with a court order of support that informs the obligor of the department's intention to submit the obligor's name to any appropriate board, state agency, or department as a licensee who is not in compliance with a court order of support.

The notice shall include the address and telephone number of the department's support enforcement office that issues the notice and a statement of the need to obtain a release from that office as provided in section 15-11.1-7. The department shall attach a copy or facsimile of the obligor's court order of support to the notice. Service of the notice must be made by first class mail or by service as specified in the Rhode Island rules of procedure for domestic relations for the family court of Rhode Island. For purposes of this section, authorized representatives of the director may serve the notice. The notice must inform the obligor that:

(a) The obligor may request a family court hearing to contest the issue of compliance;

(b) A request for hearing must be made in writing and must be received by the department within twenty (20) days of service;

(c) If the obligor requests a hearing within twenty (20) days of service, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support pending a decision after hearing;

(d) If the obligor does not request a hearing within twenty (20) days of service and is not in compliance with a court order of support, the department shall certify the obligor to the appropriate board, state agency or department for noncompliance with a court order of support;

(e) If the department certifies the obligor to a board for noncompliance with a court order of support, the board, state agency or department shall revoke the obligor's license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor's support order. A revocation by an agency or a refusal by an agency to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination.

(f) If the obligor files a motion to modify support with the family court, and duly serves the department with notice of the motion to modify the department shall stay action to certify the obligor to any board for noncompliance with a court order of support; and

(g) The obligor may restore compliance with a court order of support by:

(i) Paying current support;

(ii) Paying all past-due support or, if unable to pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department which agreement shall then be filed with the family court; and

(iii) Meeting the obligor's health insurance obligation. ADD}

{ADD 15-11.1-4. Family court compliance hearing. -- ADD} {ADD (a) An obligor may request a hearing before a master of the family court upon receipt of service of the notice described in section 15-11.1-3. The request for hearing must be made in writing and must be received by the department within twenty (20) days of service. The department shall promptly file the obligor's written request for hearing with the clerk of the family court or his or her designee; the clerk shall then assign the matter for hearing before a master of the family court.

(b) The department shall notify the obligor in writing of the date, time, and place of the hearing assigned by the clerk. Service of the hearing notice must be made by first class mail, or by service as specified in the rules of procedure for domestic relations for the family court of Rhode Island.

(c) The issues that may be determined at hearing are limited to whether the obligor is required to pay child support under a court or administrative order and whether the obligor is in compliance with a court order of support. Nothing herein shall prohibit the obligor from filing other appropriate motions for relief, including but not limited to a motion to modify a support order, with the family court. ADD}

{ADD 15-11.1-5. Automatic stay pending compliance hearing. -- ADD} {ADD If an obligor timely requests a hearing to contest the issue of compliance in accordance with section 15-11.1-4, the department may not certify the name of the obligor to a board for noncompliance with a court order of support until the department receives a decision or order of the family court that finds the obligor is not in compliance with a court order of support. ADD}

{ADD 15-11.1-6. Certification of noncompliance. -- ADD} {ADD The department may certify in writing to any appropriate board that a support obligor is not in compliance with a court order of support if:

(A) The obligor does not timely request a hearing upon service of a notice issued under section 15-11.1-3 and is not in compliance with a court order of support twenty-one (21) days after service of the notice; or

(B) The family court issues a decision or order after hearing that finds the obligor is not in compliance with a court order of support, and the obligor has not appealed the decision within any applicable appeal period provided by law for appeals of a decision or order of a master of the family court; or

(C) After a decision or order of the family court has been appealed, a decision or order of the Rhode Island supreme court which determines or affirms that the obligor is not in compliance with a court order of support.

The department's certification shall include a copy of the decision or order of the court, where applicable. The department shall send by regular mail a copy of any certification of noncompliance filed with a board to the obligor at the obligor's most recent address of record. ADD}

{ADD 15-11.1-7. Revocation by board -- Notice from board. -- ADD} {ADD (a) Upon receipt of the certification of noncompliance from the department issued in accordance with section 15-11.1-6, a board shall revoke the obligor's license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor's support order. When an obligor who is served notice under section 15-11.1-3 subsequently complies with the court order of support, the department shall within five (5) business days after compliance provide the obligor with written confirmation and a release that the obligor is in compliance with the order. A revocation by a board or a refusal by a board to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination.

(b) A board shall notify an obligor certified by the department under section 15-11.1-6, without undue delay, that the obligor's application for the issuance or renewal of a license may not be granted or that the obligor's license has been revoked because the obligor's name has been certified by the department as a support obligor who is not in compliance with a court order of support. ADD}

{ADD (c) Within five (5) business days of receiving written confirmation that the obligor is in compliance with the court order of support, the board shall reinstate, reissue, renew or otherwise extend the obligors license or certificate of authority. ADD}

{ADD 15-11.1-8. Reporting. -- ADD} {ADD On or before November 1, 1995, and during each renewal period thereafter, all boards subject to this chapter shall provide to the department specified information, according to standards established by the department, about applicants for licensure and all current licensees. All boards subject to this chapter shall provide the specified information for only those current licensees that are residents of this state. The information to be provided must include all of the following information to the extent that such information is maintained by the board about the licensee.

(A) Name;

(B) Address of record;

(C) Federal employer identification number or social security number;

(D) Type of license;

(E) Effective date of license or renewal;

(F) Expiration date of license; and

(G) Active or inactive status. ADD}

{ADD 15-11.1-9. Program review. -- ADD} {ADD In furtherance of the public policy of increasing collection of child support, the department shall report the following to the general assembly and the governor on January 31, 1996:

(A) The number of support obligors identified as licensees subject to this chapter;

(B) The number of support obligors identified by the department under this chapter who are not in compliance with a court order of support; and

(C) The number of actions taken by the department under this section and the results of those actions. ADD}

{ADD 15-11.1-10. Rules and regulation. -- ADD} {ADD The department of human services is hereby authorized and directed to promulgate rules and regulations that it deems necessary to implement the provisions and purposes of this chapter, provided, however, that any rule or regulation affecting the duties and responsibilities of the family court shall be made with the concurrence of the chief judge of the family court. ADD}

{ADD 15-11.1-11. Cooperative agreements with boards. -- ADD} {ADD The department and the various boards may enter into such agreements as may be necessary to carry out the requirements of this section, but only to the extent the department determines it is cost-effective. ADD}

{ADD 15-11.1-12. Severability. -- ADD} If any provision of this chapter or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its effective to the provision or application directly involved in the controversy giving rise to the judgment.

SECTION 7. Title 27 of the General Laws entitled "Insurance" is hereby amended by adding thereto the following chapter:

{ADD 27-57-1. Interception of insurance payments. -- ADD} {ADD (a) Every domestic insurer or insurance company authorized to issue policies of liability insurance pursuant to this title, and also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any payment equal to or in excess of ten thousand dollars ($10,000) to any claimant who is a resident of this state, for personal injury or workers' compensation benefits under a contract of insurance, review information provided by the department of human services pursuant to section 27-57-4 indicating whether the claimant owes past-due child support.

(b) If the insurer determines from the information provided by the department pursuant to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may make the payment to the claimant in accordance with the contract of insurance.

(c) If the insurer determines from the information provided by the department pursuant to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall except to the extent payments are subject to liens or interests described in section 27-57-3 withhold from payment the amount of past-due support and pay such amount to the family court which shall credit such person's child support obligation account for the amount so paid, and the insurer shall pay the balance to the claimant or other person entitled thereto, provided, however, that the insurer or insurance company shall provide written notice by first class mail to the claimant and his attorney if any and to the department of the payment to the family court who shall deposit in the registry of the family court for a period of forty five (45) days or if an application for review has been filed pursuant to subsection (d) until further order of the court, and the date and amount thereof. Any insurer or insurance company, its directors, agents and employees who withhold amounts from payment based upon the latest information supplied by the department pursuant to 27-57-4 and makes disbursements in accordance with section 27-57-3 and as otherwise shall be in compliance shall be immune from any liability to the claimant, payee lienholder, or security interest holder for taking such action.

(d) Any claimant aggrieved by any action taken under this section may within thirty (30) days of the making of the notice to the claimant in section (c) above, seek judicial review in the family court, which may, in its discretion, issue a temporary order prohibiting the disbursement of funds under this section, pending final adjudication. ADD}

{ADD 27-57-2. Notice provided to obligors of interception of insurance settlements. -- ADD} {ADD In any case where the department of human services child support enforcement unit has intercepted an insurance payment, the department shall notify the obligor parent of such action upon crediting the obligors account. ADD}

{ADD 27-57-3. Certain liens not affected. -- ADD} {ADD Nothing herein shall affect the validity or priority of liens of health care providers, attorney fees, holders of security interests or the assignment of rights under section 40-6-9 of the general laws which may exist. Funds subject to such liens or security interests shall be paid to the lien or interest holder. ADD}

{ADD 27-57-4. Information to be provided by the department of human services. -- ADD} {ADD The department of human services shall periodically within each year furnish the insurance companies and insurers subject to this section with a list or compilation of names of individuals, with last known addresses who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services child support enforcement computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2. ADD}

SECTION 8. Chapter 42-61 of the General Laws entitled "State Lottery" is hereby amended by adding thereto the following section:

{ADD 42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) -- Setoff for child support debts. -- ADD} {ADD Notwithstanding the provisions of section 42-61-7 relating to assignment of prizes, the following setoff provisions shall apply to the payment of any prize or winning ticket in excess of six hundred dollars ($600).

(a) With respect to a person entitled to receive such prize or winning ticket who has an unpaid child support order(s) arrearage(s) in excess of five hundred dollars ($500) as provided by the department pursuant to section 42-61-7.1(c) the lottery director (1) shall setoff against the amount due to such person after state and federal tax withholding an amount up to the balance of such child support arrearage(s), and the director shall make payment thereof directly to the Rhode Island family court which shall deposit the amount set off into the registry of the family court for a period of forty five (45) days, or if an application for review has been filed pursuant to section 27-57-1(d), until final disposition of such application until further order of the court and (2) shall pay to such person the remaining balance of the prize or winning ticket amount, if any, after reduction of the amount setoff above for child support.

(b) The director shall be discharged of all further liability upon payment of a prize or winning ticket pursuant to this section.

(c) The department of human services shall periodically within each year furnish the director with a list or compilation of names of individuals, together with such other identifying information and in such form as the director shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services child support enforcement computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2.

(d) Any party aggrieved by any action taken under this section may within thirty (30) days of the withholding of the payment by the lottery director seek judicial review in the family court, which may, in its discretion, issue a temporary order prohibiting the disbursement of funds under this section, pending final adjudication. ADD}

SECTION 9. Section 44-30.1-6 of the General Laws in Chapter 44-30.1 entitled "Setoff of Refund of Personal Income Tax" is hereby amended to read as follows:

{ADD 44-30.1-6. Priority. -- ADD} The division has priority over the claimant agency for collection of tax liabilities. {ADD Thereafter, the department of human services shall have priority, to the extent necessary for the enforcement of child support orders issued by any court of competent jurisdiction, over any other claimant agency. ADD}

SECTION 10. Sections 8-10-3 and 8-10-3.1 of the General Laws in Chapter 8-10 entitled "Family Court" are amended to read as follows:

{ADD 8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. -- ADD} (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of said contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected or mentally defective or mentally disordered children, or children who by reason of any handicap, physical, mental, or otherwise, suffer from a learning disability which requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody and control of the department for children, youth and families pursuant to the provisions of chapter 1, title 14 and chapter 11, title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness or neglect of children under sixteen (16) years of age; desertion, abandonment or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings, and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings appeals of administrative decisions, concerning setoff of income tax refunds for past-due child support in accordance with section 44-30.1-5 and section 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint said masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, {ADD lottery set-offs, insurance intercept and lien enforcement provisions ADD} for past-due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding".

(f) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child-placing agencies.

{ADD (g) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15 of the general laws. ADD}

{ADD 8-10-3.1. Masters -- Appointment, duties and powers. -- ADD} (a) The court may appoint masters to assist the court in the conduct of its business. A person appointed to serve as a master shall be a member of the bar of Rhode Island. The powers and duties of such masters shall be prescribed in the order appointing them.

(b) In addition, the chief judge of the family court may appoint masters to assist the court in the enforcement and implementation of chapter 11 of title 15, and to assist the family court in matters pertaining to hearings in accordance with section 8-10-4, chapter 1 of title 14, chapter 8 of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. Said master will be empowered to hear all motions, pre-trial conferences, arraignments of juvenile offenders, probable cause hearings and review of all such matters including but not limited to the temporary placement, custody, disposition and adoption of children and the taking of testimony in conducting all hearings relative thereto.

(c) Such master shall serve at the pleasure of the chief judge and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. Such special master may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

(7) To adjudicate a party in contempt and to order him imprisoned for not more than seventy-two hours (72), pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act;

(8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of said family court.

(d) A party aggrieved by an order entered by a master shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall, by rules of procedure, establish procedures for review of orders entered by a master, and for enforcement of contempt adjudications of a master.

(e) Final orders of the family court entered in a proceeding to review an order of a master may be appealed to the supreme court.

(f) Such masters shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding".

{ADD (g) Such masters shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15 of the general laws. ADD}

SECTION 11. Chapter 31-2 of the General Laws entitled "Registration of Motor Vehicles" is hereby amended by adding thereto the following section:

{ADD 31-2-23. Denial of license or registrations for nonpayment of delinquent child support. -- ADD} {ADD (a) The department of human services shall periodically within each year furnish the division of motor vehicles, department of transportation with a list or compilation of names of individuals, together with such other identifying information and in such form as the assistant director for motor vehicles shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services child support enforcement computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2. Thereafter, the department of human services shall, at times and in the manner prescribed by the assistant director for motor vehicles, furnish to the division of motor vehicles information relating to the subsequent payment of said child support order arrearage by or on behalf of the individuals, and the division shall remove the name of such individual(s) from such list.

(b) No individual whose name appears on such list or compilation referred to in subsection (a) above, and whose name has not been subsequently removed from such list as aforesaid, shall be permitted to (1) register or renew a registration of any motor vehicle and/or (2) obtain an original license or renewal of a license to operate a motor vehicle, until all such child support order arrearages have been paid in full or a satisfactory arrangement for payment has been made with the family court, and such payment has been certified to the division of motor vehicles by the department of human services.

(c) The identifying information furnished by the department of human services to the division of motor vehicles shall not include individuals' social security numbers. ADD}

SECTION 12. Chapter 12-1 of the General Laws entitled "Identification and Apprehension of Criminals" is hereby amended by adding thereto the following section:

{ADD 12-1-14. Body attachment -- Nonsupport of children. -- ADD} {ADD (a) Any body attachment issued by the family court in a case involving nonsupport of children, shall be entered into the state and police telecommunications system known as the Rhode Island Law Enforcement Telecommunications System, "RILETS". The family court shall be responsible for transmitting all body attachments and cancellations thereof to the state police for distributing the body attachment information into "RILETS". Within the body attachment, the information entered in "RILETS" shall include date of birth and social security number when available. The family court shall be responsible for transmitting information regarding all body attachments and cancellations thereof to the state police for entering the body attachment information into "RILETS".The family court shall transmit the original body attachment to the moving party.

(b) Any peace officer as defined in section 12-7-21 shall have the authority to execute a body attachment as issued by the family court pursuant to section 8-10-3.1. ADD}

SECTION 13. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article, which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

SECTION 14. Chapter 12-1 of the General Laws entitled "Identification and Apprehension of Criminals" is hereby amended by adding thereto the following section:

{ADD 12-1-15 Retaliation prohibited. -- ADD} No employer shall discharge or take any disciplinary action against an employee based on the employers notification or obligation provisions contained in chapter 370, article 29 and chapter 374 of the 1995 public laws.

SECTION 15. Sections 1, 2 and 3 shall take effect upon passage and shall be applied prospectively. Section 7 shall take effect October 1, 1995. All other sections shall take effect upon passage.