SENATE AMENDED PRIOR PRINTER'S NOS. 2581, 3199 PRINTER'S NO. 3485
No. 1992 Session of 1997
INTRODUCED BY MILLER, TRUE, BENNINGHOFF, RUBLEY, EGOLF, VANCE, DALEY, BOSCOLA, FICHTER, MICOZZIE, EACHUS, LEDERER, CLARK, SCHRODER, CURRY, KENNEY, STABACK, DALLY, VAN HORNE, GEIST, TIGUE, WALKO, E. Z. TAYLOR, SAYLOR, BELFANTI, PISTELLA, HENNESSEY, OLASZ, STEELMAN, BARD, LAUGHLIN, SEYFERT, TRELLO, RAMOS, STERN, M. COHEN, C. WILLIAMS, BROWNE, STURLA, ARGALL, CALTAGIRONE, WASHINGTON, SEMMEL AND SANTONI, NOVEMBER 21, 1997
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, APRIL 28, 1998
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, providing for the Department of Public <-- 3 Welfare to draft regulations to ensure the confidentiality of 4 Social Security numbers on records collected for use by the 5 department, the court or the domestic relations section 6 solely for purposes of child and spousal support enforcement; 7 and further providing for immunity, for special procedures 8 for operating privilege and for release of information in 9 confidential reports relating to child abuse. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Title 23 of the Pennsylvania Consolidated <-- 13 Statutes is amended by adding a section to read: 14 § 4304.2. Drafting of regulations by Department of Public 15 Welfare to ensure confidentiality of Social 16 Security numbers. 17 (a) General rule.--The Department of Public Welfare shall
1 draft rules and regulations to ensure the confidentiality of 2 Social Security numbers on records or applications for a 3 professional or occupational license or certification; driver's 4 permit; driver's license, including a commercial driver's 5 license; recreational license; marriage license; divorce decree; 6 support order; paternity determination or acknowledgments of 7 paternity or other like records; records relating to death, 8 including death certificates; employment records; or other 9 records collected by law for use by the department, the court or 10 the domestic relations section solely for purposes of child and 11 spousal support enforcement, except for when otherwise provided 12 for by law. 13 (b) Collection on separate form.--Any governmental agency or 14 employer required to collect Social Security numbers on records 15 or applications for professional or occupational licenses or 16 certifications; driver's permits; driver's licenses, including 17 commercial driver's licenses; recreational licenses; marriage 18 licenses; divorce decrees; support orders; paternity 19 determinations or acknowledgments of paternity or other such 20 records; records relating to death, including death 21 certificates; employment records; or other records collected by 22 law for use by the department, the court or the domestic 23 relations section solely for purposes of child and spousal 24 support enforcement shall collect those Social Security numbers 25 on a separate form not open to public inspection or 26 dissemination until the department develops the rules and 27 regulations to ensure the confidentiality of Social Security 28 numbers, except for when otherwise provided for by law. 29 (c) Identifying numbers.--The department shall draft rules 30 and regulations for the use of identifying numbers, other than 19970H1992B3485 - 2 -
1 Social Security numbers, for use on all records collected by law 2 for use by the department, the court or the domestic relations 3 section solely for purposes of child and spousal support and 4 enforcement, for individuals who do not have Social Security 5 numbers. Any governmental agency or employer may use established 6 identifying numbers, such as Federal employee identification 7 numbers, Federal visa numbers, local property and other tax 8 numbers, driver's licenses or vehicle registrations to provide 9 identification for the person until the department drafts its 10 rules and regulations. 11 Section 2. Section 4355(d.6) of Title 23, amended December 12 16, 1997 (P.L.549, No.58), is amended and subsection (d.1) is 13 amended by adding a paragraph to read: 14 SECTION 1. SECTIONS 4355(D.6) AND 6340(A)(5) OF TITLE 23 OF <-- 15 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 16 § 4355. Denial or suspension of licenses. 17 * * * 18 (d.1) Special procedures for operating privilege.-- <-- 19 * * * 20 (7) Notwithstanding paragraph (6), an individual 21 alleging a mistake of fact may appeal a suspension or a 22 refusal to issue or renew a license pursuant to this section 23 by submitting a written request for a hearing to the domestic 24 relations section within 14 days of the date of the 25 suspension or the refusal to issue or renew. Within seven 26 days of the date of such request, the domestic relations 27 section shall direct the Department of Transportation to stay 28 any action revoking or suspending the individual's license 29 until further notice from the domestic relations section. 30 Such hearing shall be limited to deciding if there has been a 19970H1992B3485 - 3 -
1 mistake of fact. If the hearing results in a finding that 2 there is no basis for a suspension or a refusal to issue or 3 renew a license under this section, the domestic relations 4 section shall promptly notify the Department of 5 Transportation. If the hearing results in a finding that 6 there is a basis for a suspension or a refusal to issue or 7 renew the individual's license under this section, the 8 domestic relations section shall promptly notify the 9 Department of Transportation to proceed with the suspension 10 or the refusal to issue or renew the individual's license. 11 * * * 12 (d.6) Immunity.--The court, the domestic relations section, 13 the Department of Public Welfare, the Department of 14 Transportation, the Pennsylvania Game Commission, the 15 Pennsylvania Fish and Boat Commission or any employee of any of 16 these entities or any person appointed by the Pennsylvania Game 17 Commission or the Pennsylvania Fish and Boat Commission to issue 18 licenses and permits pursuant to the applicable provisions of 30 19 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to game) 20 shall not be subject to civil or criminal liability for carrying 21 out their duties under this section. 22 * * * 23 Section 3. Section 6340(a)(5) of Title 23 is amended to <-- 24 read: 25 § 6340. Release of information in confidential reports. 26 (a) General rule.--Reports specified in section 6339 27 (relating to confidentiality of reports), and testimony based on 28 the reports or on the investigation underlying them, shall only 29 be made available to: 30 * * * 19970H1992B3485 - 4 -
1 (5) [A] Pursuant to a subpoena or similar court order, a 2 court of competent jurisdiction [pursuant to a court order.] 3 in any case and a district justice, a judge of the 4 Philadelphia Municipal Court or a judge of the Pittsburgh 5 Magistrates Court, in a case involving alleged criminal 6 conduct which meets the definition of child abuse under 7 section 6303 (relating to definitions). Disclosure through 8 testimony shall be subject to the restrictions of subsection 9 (c). 10 * * * 11 Section 4 2. This act shall take effect in 60 days. <-- G14L23WMB/19970H1992B3485 - 5 -