2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4304.1 - Cooperation of government and nongovernment agencies.

     § 4304.1.  Cooperation of government and nongovernment agencies.
        (a)  Cooperation of government agencies.--Notwithstanding any
     other provision of law, including the provisions of section 731
     of the act of April 9, 1929 (P.L.343, No.176), known as The
     Fiscal Code, all government agencies shall:
            (1)  At the request of the department, provide
        information prescribed by the department regarding a person's
        wages, income, telephone numbers, addresses, Social Security
        numbers and date of birth, employer names, addresses and
        telephone numbers.
            (2)  Require the Social Security number of an individual
        who has one on any application for a professional or
        occupational license or certification; a permit; a driver's
        license, including a commercial driver's license; a
        recreational license; or a marriage license. Collection of
        the Social Security number shall be performed in such manner
        as to protect its confidentiality. If the government agency
        uses another identifying number on the face of the
        application, the government agency shall advise the applicant
        and shall keep the Social Security number on file at the
        agency.
            (3)  Require the Social Security number of any individual
        subject to a divorce decree, support order, paternity
        determination or acknowledgment of paternity in all records
        relating to the matter. Collection of the Social Security
        number shall be kept confidential.
            (4)  Require the Social Security number of a deceased
        individual in records relating to the death, including the
        death certificate.
        (b)  Cooperation of labor organizations.--Labor organizations
     shall at the request of the department provide information in a
     form prescribed by the department regarding wages, income,
     telephone numbers, addresses, Social Security numbers and date
     of birth, employer names, addresses and telephone numbers.
        (b.1)  Cooperation of financial institutions.--
     Notwithstanding any other provision of law, all financial
     institutions doing business in this Commonwealth shall:
            (1)  Provide for each calendar quarter such identifying
        information, asset information and benefit information as the
        department may specify for any obligor who owes past due
        support as identified by the department by name and Social
        Security number or other taxpayer identification number.
            (2)  Upon receipt of a notice of lien or seizure order
        from the domestic relations section or the department,
        encumber or surrender, as the case may be, identified assets
        of an obligor who is subject to a child support lien. The
        Supreme Court shall by general rule prescribe the form of the
        order. The financial institution shall remit to the domestic
        relations section or to the department the assets available
        in the account on the date of the receipt of the notice of
        lien or seizure order by the financial institution.
        Remittance by the financial institution shall be made within
        a reasonable period of time.
        (b.2)  Agreements between the department and financial
     institutions.--Notwithstanding any other provision of law, the
     department and any financial institution doing business in this
     Commonwealth are authorized to enter into agreements for the
     purpose of carrying out the provisions of subsection (b.1). The
     agreement may specify payment of a fee by the department to the
     financial institution to conduct the activities in accordance
     with subsection (b.1)(1) which shall not exceed actual and
     reasonable costs incurred by the financial institution.
        (c)  Penalty.--Following notice and hearing, the department
     may impose a civil penalty of up to $1,000 per violation upon
     any government agency, labor organization or financial
     institution which willfully fails to comply with a request by
     the department for information pursuant to this section.
        (d)  Confidentiality.--Any information provided or collected
     pursuant to this section shall be confidential and may be used
     by the department, the court or the domestic relations section
     solely for purposes of child and spousal support enforcement
     and, to the extent allowed by Federal law, for administration of
     public assistance programs. Any person, government agency,
     employer or agent of the department who divulges such
     information in a manner not provided in this section commits a
     misdemeanor of the third degree and, upon conviction, shall be
     sentenced to pay a fine of up to $1,000 per violation and costs
     and shall be subject to a term of imprisonment of not more than
     one year, or both.
        (d.1)  Notification.--No financial institution shall be
     required to notify an obligor of a request for information by
     the department or the court under this section.
        (e)  Immunity.--A person, government agency, labor
     organization or financial institution providing information,
     encumbering or surrendering property pursuant to this section
     shall not be subject to civil or criminal liability to any
     person or entity. The department, a court, a domestic relations
     section or an authorized employee of such an entity requesting
     information under this section or ordering the seizure,
     encumbrance or surrender of an asset held by a financial
     institution shall not be subject to any civil or criminal
     liability. A financial institution shall not be subject to any
     civil or criminal liability for encumbering or surrendering
     assets of an obligor as required by this section. The immunity
     provided by this subsection shall not apply to any person or
     agent of a government agency, labor organization or financial
     institution who knowingly supplies false information under this
     section.
        (f)  Data collection.--The department shall provide for the
     frequency and format, which may include automated data
     exchanges, for the collection of the information required in
     this section.
        (g)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Account."  A demand deposit account, checking or negotiable
     withdrawal order account, savings account, time deposit account
     or money market mutual fund account. The term does not include
     trust accounts, custodian accounts or accounts under 20 Pa.C.S.
     Ch. 53 (relating to the Pennsylvania Uniform Transfers to Minors
     Act).
        "Asset information."  Account balances, deposits,
     withdrawals, interest, investments, trusts, dividends,
     certificates of deposits and other asset information.
        "Benefit information."  Information regarding financial or
     health care benefits to which an individual may be entitled from
     government, an employer, an insurer or other source.
        "Financial institution."  A depository institution, as
     defined by section 3(c) of the Federal Deposit Insurance Act (64
     Stat. 873, 12 U.S.C. § 1813(c)); an institution-affiliated
     party, as defined by section 3(u) of the Federal Deposit
     Insurance Act; a Federal credit union or State credit union, as
     defined in section 101 of the Federal Credit Union Act (48 Stat.
     1216, 12 U.S.C. § 1752), including an institution-affiliated
     party of such a credit union, as defined in section 206(r) of
     the Federal Credit Union Act; and a benefit association,
     insurer, safe deposit company, money market mutual fund or
     similar entity authorized to do business in this Commonwealth.
        "Identifying information."  Name, record address, Social
     Security number or other taxpayer identification number.
        "Insurer."  A foreign or domestic insurance company,
     association or exchange holding a certificate of authority under
     the act of May 17, 1921 (P.L.682, No.284), known as The
     Insurance Company Law of 1921; a risk-assuming preferred
     provider organization operating under section 630 of The
     Insurance Company Law of 1921; a health maintenance organization
     holding a certificate of authority under the act of December 29,
     1972 (P.L.1701, No.364), known as the Health Maintenance
     Organization Act; a fraternal benefit society holding a
     certificate of authority under the act of December 14, 1992
     (P.L.835, No.134), known as the Fraternal Benefit Societies
     Code; a hospital plan corporation holding a certificate of
     authority under 40 Pa.C.S. Ch. 61 (relating to hospital plan
     corporations); a professional health service plan corporation
     holding a certificate of authority under 40 Pa.C.S. Ch. 63
     (relating to professional health services plan corporations); or
     a similar entity authorized to do insurance business in this
     Commonwealth.
     (Oct. 16, 1996, P.L.706, No.124, eff. 60 days; Dec. 16, 1997,
     P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15, 1998, P.L.963,
     No.127, eff. imd.)

        1998 Amendment.  Act 127 amended subsec. (a)(2) and (3). Act
     127 of 1998 was suspended by Pennsylvania Rule of Civil
     Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it
     is inconsistent with Rule No.1910.20 relating to the
     availability of remedies for collection of past due and overdue
     support.
        1997 Amendment.  Act 58 of 1997 was suspended by Pennsylvania
     Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000,
     insofar as it is inconsistent with Rule No.1910.20 relating to
     the availability of remedies for collection of past due and
     overdue support.
        References in Text.  The act of December 14, 1992 (P.L.835,
     No.134), known as the Fraternal Benefit Societies Code, referred
     to in the def. of "insurer," was repealed by the act of July 10,
     2002 (P.L.749, No.110). The subject matter is now contained in
     Article XXIV of The Insurance Company Law of 1921.