An Act To Allow the Department of Health and Human Services To Locate Parents Who are Delinquent in Child Support Payments through Information Related To Cellular Telephones
Maine Legislature, Session 122, LD 1743
Committee Amendment CA_A_S535 (Senate)
Amends: 19-A MRSA §2158

COMMITTEE AMENDMENT "A" to S.P. 660, L.D. 1743, Bill, "An 
Act To 
Allow the Department of Health and Human Services To 
Locate Parents 
Who 
Are Delinquent in Child Support 
Payments 
through Information Related to Cellular Telephones" 
Amend the bill by striking out everything after the enacting 
clause and before the emergency clause and inserting in its place 
the following: 
'Sec. 1. 19-A MRSA §2158 is enacted to read: 
§2l58. 
Access to wireless service provider's records of 
individuals who owe child support 
1. 
Definitions. 
For the purposes of this section, unless 
the context otherwise indicates, the following terms have the 
following meanings. 
A. 
"Account holder" means an individual who has executed an 
agreement with 
a wireless service provider 
for cellular 
telephone service. 
B. 
"Match" means an automated comparison by name, date of 
birth and social security number of 
a list of obligors 
provided to a wireless service provider by the department 
with a list of account holders of the wireless service 
provider for the purpose of providing the department with a 
list of addresses of account holders delinquent in support 
allowing 
the 
department 
to 
locate 
and 
enforce 
support 
obligations. 
Page l-LR2574(2) 
COMMITTEE AMENDMENT 
,.\ .. 
'~'" !J. 
COMMITTEE AMENDMENT 'J\" to S.P, 660, L.D. 1743 
C. 
"Obligor" 
means 
a 
person who 
owes 
a 
child support 
obligation. 
D. 
"Wireless 
service 
provider" 
means 
an 
entity 
that 
provides cellular telephone service. 
2. 
Match. 
Upon request from the department to a wireless 
service provider conducting business in this State, the wireless 
service 
provider 
shall 
perform 
a 
match 
using 
the 
list of 
obligors' names provided by the department. 
The department may 
not request a wireless service provider to perform a match under 
this section more often than once every calendar quarter. 
3. 
Compilation of match list. 
After completing a match 
under subsection 2, a wireless service provider shall compile for 
the department a list of those account holders whose names match 
names on the list of obligors provided by the department. 
The 
list must contain the following information, if available to the 
wireless service provider through its matching procedure, 
for 
each account holder identified: 
A. 
The account holder's full name: 
B. 
The account holder's date of birth; 
C. 
The account holder's social security number; 
D. 
The account holder's address; and 
E. 
The accoynt hQlder's employgr. 
4. 
Notice to department. 
A wireless service prQvider that 
has compilgd a match list under subsectiQn 3 shall send the list 
to the department at the address designated by the department. 
5. 
Reasonable fee. 
To cQver thg costs Qf carrying out the 
rgquirgments of this section, 
a wirglgss servicg providgr may 
assgss a 
rgasonable fee to the dgpartment not to excegd the 
actual costs incurred by the wirglgss sgrvice provider. 
6. 
Confidentiality. 
A list of obligors provided by the 
departmgnt to a wirgless service l?rovider under subsection 2 is 
confidential. 
The infQrmation may bg usgd only for the purpose 
of carrying out the rgquiremgnts of this section. 
KnQwing or 
intentional use of the information, without authorization from 
the del?artmgnt. is a civil violation for which a fine not to 
excged $1,000 may be adjudged. 
COMMITTEE AMENDMENT 
, 
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~-
COMMITTEE AMENDMENT ,A" to S.P. 660, L.D. 1743 
1. 
Immunity 
from liability; hold harmless. 
A wireless 
service provider is immune from any liability for its good faith 
actions to comply with this section. 
The department shall defend 
and hold harmless, including compensation for attorney's fees, a 
wireless service provider that acts in good faith to carry out 
the requirements of this section. 
8. 
Rulemaking. 
The department shall adopt rules to carry 
out 
this 
section. 
Rules 
adopted 
under 
this 
subsection are 
routine technical rules as provided in Title 5, 
chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. 
This amendment is based on the current law that authorizes 
the Department of Health and Human Services to conduct a data 
match with financial institutions for the purpose of locating 
child support obligors. 
This amendment allows the department to submit a list of 
child support obligors to wireless service providers to be used 
to 
conduct 
computerized 
matches 
with 
the 
wireless 
service 
providers' account holders. 
The wireless service providers must 
provide in return lists of the matched names, plus the birth 
dates, social security numbers, addresses and employers of those 
matched, if that information is available. 
The department may 
submit the list for matching no 
more often than once every 
calendar quarter. 
To cover the costs of carrying out the requirements of this 
section, a wireless service provider may assess a reasonable fee 
to the department not to exceed the actual costs incurred by the 
wireless service provider. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/16/06 ~ac:.. 
LD 1743 
LR 2574(02) 
An Act To Allow the Department of Health and Human Services To Locate Parents Who are 
Delinquent in Child Support Payments through Information Related To Cellular Telephones 
Fiscal Note for Bill as Amended by Committee Amendment 1\ It 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services in implementing this bill, including the costs of 
paying the fee to a wireless services provider, can be absorbed by the department utilizing existing budgetary 
resources. The bill may result in the location of child support obligors who would not otherwise be identified, 
resulting in additional child support collections that could offset the costs of state programs. 
LR2574(2) - Fiscal Note - Page 1 of 1 
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