§ 17-1-104 — Collection of personal information for the purpose of child support enforcement

(a) On and after July 1, 1997, all persons, agencies, boards, commissions, or other licensing entities issuing any occupational, professional, or business license pursuant to Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall record the name, address, and Social Security number of each person applying for such a license. (b) (1) The name, address, and Social Security number of the person shall appear on the application. However, where an application is not required, the name, address, and Social Security number shall appear on the occupational, professional, or business license. (2) On and after October 1, 2000, the name, address, and Social Security number of each person issued a noncommercial driver's license under Title 27 shall appear on the application for the noncommercial driver's license. This information shall be maintained by the Revenue Division of the Department of Finance and Administration as confidential information not subject to disclosure under any commercial agreement, request under the Freedom of Information Act of 1967, § 25-19-101 et seq., as well as all applicable state and federal confidentiality requirements. (c) (1) The name, address, and Social Security number of each person issued a license under Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall be stored by the person, agency, board, commission, or other licensing entity in an electronic automated data system capable of transferring the information to electronic media. On a quarterly basis, the licensee database shall be transmitted to or made available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for the purposes of cross matching, location, and enforcement of child support obligations. (2) (A) However, subdivision (c)(1) shall not apply to non-occupational licensees or permit holders of the State Plant Board under §§ 20-20-209 - 20-20-211 . (B) The Arkansas State Game and Fish Commission may create an exemption to the requirement under subdivision (c)(1) of this section by rule. (d) (1) Only those persons, agencies, boards, departments, commissions, or other licensing entities that issue five hundred (500) or more licenses each year, or that have a membership of five hundred (500) or more, are required to implement an automated data system as set forth in subsection (c) of this section. (2) Those persons, agencies, boards, departments, commissions, or their licensing entities that issue fewer than five hundred (500) licenses each year, or that have a membership of fewer than five hundred (500), shall not be required to transmit licensee information to the Office of Child Support Enforcement on an automated basis. (e) The name of any member or representative of a licensing entity who refuses to provide license information to the Office of Child Support Enforcement shall be certified by the Office of Child Support Enforcement to the office of the Governor and to the Legislative Council. (f) (1) Member and applicant Social Security information required to be collected under this section shall be maintained in a confidential manner by the licensing entity. (2) Except as authorized herein, such Social Security number information shall not be released publicly and shall be excepted from the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) Disclosure of such Social Security information without the consent of the individual or without court authorization shall be a Class B misdemeanor. (4) Confidentiality requirements associated with the collection and maintenance of Social Security numbers by the licensing entity shall be appropriately disseminated and posted in the licensing entity's offices.

Legislative History

Amended by Act 2017, No. 645,§ 1, eff. 8/1/2017. Acts 1997, No. 1163, § 1; 1999, No. 1514, § 21.