19-11-30.2
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19-11-30.2.
(a)
As used in Code Section 19-11-30.1, this Code section, and Code Sections
19-11-30.3 through 19-11-30.11, the term:
(1)
'Account' means a demand deposit account, checking or negotiable order of
withdrawal account, savings account, time deposit account, or a money market
mutual fund account.
(2)
'Financial institution' means every federal or state chartered commercial or
savings bank, including savings and loan associations and cooperative banks,
federal or state chartered credit unions, benefit associations, insurance
companies, safe-deposit companies, trust companies, and any money market mutual
fund.
(3)
'For cause' means that the department has reason to believe that an individual
has opened an account at a financial institution listed in paragraph (3) of this
subsection.
(4)
'Money market mutual fund' means every regulated investment company within the
meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a
constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7.
(b)
The department shall, pursuant to the provisions of subsection (f) of this Code
section, request from each financial institution, not more frequently than on a
quarterly basis, the name, record address, social security number, and other
identifying data for each person listed in such request who maintains an account
at such financial institution. The data provided shall be sent to the
Department of Human Resources Bank Match Registry. Such registry shall include
only identifying information for obligors whom the IV-D agency believes owe
child support and who are not under a child support order, and for obligors who
are delinquent in an amount equal to or in excess of their support payment for
one month. The department shall update such listing every calendar quarter by
removing the names of all persons who have had no prior matches in the two
immediately preceding quarters.
(c)
The department may continue to request account matches on such removed names
once a year for the two calendar years immediately following the year in which
the names are removed or for cause.
(d)
All requests made by the department pursuant to subsection (b) or (c) of this
Code section shall be in machine readable form unless a financial institution
expressly requests the department to submit the request in writing. The
financial institution shall furnish all such information in machine readable
form, which meets criteria established by the department, within 30 days of such
request. Each financial institution shall furnish all such information on those
persons whose accounts bear a residential address within the state at the time
such request is processed by the financial institution.
(e)
In no event shall a request for identifying information be made to a financial
institution on anyone other than an obligor whom the Department of Human
Resources has a good reason to believe owes child support and who is not under a
child support order, or an obligor who is delinquent in an amount equal to or in
excess of his or her support payment for one month.
(f)
The Department of Human Resources shall enter into agreements with financial
institutions doing business in this state to develop and operate a data match
system to the maximum extent feasible for the providing of the needed
information to the department by the financial institution. At a minimum, the
department shall identify the obligor by name and social security number or
other taxpayer identification number. If the geographic region of an obligor is
known by the Department of Human Resources, and that department shall make an
effort to determine the geographic region of an obligor, the department shall
initially limit its request to the financial institution or institutions within
that geographic region prior to making additional requests to other financial
institutions in other geographic regions of the state. The department may pay a
reasonable fee to the financial institution for conducting the searches required
herein not to exceed the actual costs incurred by the financial institution.