2006 Code of Virginia § 63.2-1932 - Data exchange agreements authorized; immunity

63.2-1932. Data exchange agreements authorized; immunity.

The Commissioner is authorized and shall, as feasible, enter into agreementswith financial institutions doing business in the Commonwealth to develop andoperate, in conjunction with such financial institutions, a data match systemusing automated data exchanges to the maximum extent feasible. Pursuant to adata match system, a financial institution shall provide on a periodic basis,but no more frequently than every three months, the account title, recordaddress, social security number or other taxpayer identification number, forany person in arrears in the payment of child support who is identified bythe Department in the request by social security number or other taxpayeridentification number.

Any such agreement shall provide for the following:

1. The financial institution shall be obligated to match only those accountsfor which a social security number or taxpayer identification number isprovided by the Department, and shall have no obligation to match or identifyany account based on a person's name or any other identifying information;

2. The financial institution shall provide the account title, record address,social security number or taxpayer identification number for any accountmatching the social security number and taxpayer identification numberprovided by the Department. It shall be the Department's responsibility todetermine whether such account is an account subject to a lien, or order towithhold and deliver in accordance with the provisions of this chapter;

3. The financial institution shall be given a reasonable time in which torespond to each data match request, based upon the capabilities of thefinancial institution to handle the data match system, but in no event lessthan thirty days; and

4. The financial institution shall have no obligation to hold, encumber, orsurrender assets in any account based on a match until it is served with alien or order to withhold and deliver in accordance with the provisions ofthis chapter.

The Department is authorized to pay a reasonable fee to a financialinstitution for conducting the data match, not to exceed the actual costsincurred by such financial institution and may assess and recover actualcosts incurred from noncustodial parents identified as a result of the datamatch.

A financial institution providing information in accordance with this sectionshall not be liable to any account holder or other person for any disclosureof information to the Department, for encumbering or surrendering any assetsheld by such financial institution in response to a lien or order to withholdand deliver issued by the Department, or for any other action taken pursuantto this section, including individual or mechanical errors, provided suchaction does not constitute gross negligence or willful misconduct.

For purposes of this section, "account" means a demand deposit account,checking or negotiable withdrawal order account, savings account, timedeposit account, share account, share draft account or money market mutualfund account maintained in this Commonwealth.

(1997, cc. 796, 895, 63.1-260.3; 2002, c. 747.)