2006 Louisiana Laws - RS 46:236.1.4 — Family and child support programs; financial institution duties; responsibilities

§236.1.4.  Family and child support programs; financial institution duties; responsibilities

A.  A financial institution shall provide the name, record address, social security number or other taxpayer identification number, other identifying information and an average daily account balance for the most recent thirty-day period for each calendar quarter for each noncustodial parent who maintains an account at such institution and who owes past due support.

B.  In response to a notice of lien or levy, a financial institution shall encumber or surrender assets held by such institution on behalf of the noncustodial parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4).

C.  The Department of Social Services may pay a reasonable fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by such financial institution.

D.  A financial institution, including any of its directors, officers, employees, attorneys, accountants, or other agents, shall not be civilly or criminally liable to any person, including any customer, for any disclosure of information made in accordance with this Subpart, including any disclosure of account balances provided in cooperation with this Subpart since July 1, 1997, or for encumbering or surrendering assets in response to a notice of lien or levy made in compliance with or authorized by the provisions of this Subpart.  However, if the financial institution actually receives written notice that the customer has taken legal action to enjoin or otherwise restrain the encumbering or surrendering of assets and the financial institution receives such written notice sufficiently in advance of the encumbrance or surrender so as to allow the financial institution a reasonable time to act on said notice, then the financial institution shall postpone the encumbrance or surrender until such time as it is provided with satisfactory evidence that the encumbrance or surrender by it is permitted.

E.  The office of family support, support enforcement services, which obtains data match information on an individual from a financial institution pursuant to this Subsection may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

F.  If any state employee or any person working under a contract with the state knowingly, or by reason of negligence, discloses data match information of an individual in violation of any provision of this Subparagraph, such individual may bring a civil action for damages against such person in any district court of this state.

G.  No liability shall arise under this Subpart with respect to any disclosure which results from a good faith, but erroneous, interpretation of this Subpart except in cases of gross negligence; however, nothing in this Subsection shall be interpreted contrary to federal law.

H.  In any action brought under this Subpart, upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of the greater of one thousand dollars for each act of unauthorized disclosure of data match information with respect to which such defendant is found liable; or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized disclosure.  In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees.

I.  The violation of the provisions of this Subpart shall be unlawful and any person convicted of violating the provisions of this Subpart shall be guilty of a misdemeanor and shall pay a fine of not more than five hundred dollars or be sentenced to not more than six months in prison, or both.

Acts 2003, No. 639, §2, eff. June 27, 2003; Acts 2003, No. 1068, §2, eff. July 2, 2003.