                                 CODE OF VIRGINIA

DATA EXCHANGE AGREEMENTS AUTHORIZED; IMMUNITY (§ 63.2-1932)

The Commissioner is authorized and shall, as feasible, enter into agreements
with financial institutions doing business in the Commonwealth to develop and
operate, in conjunction with such financial institutions, a data match system
using automated data exchanges to the maximum extent feasible. Pursuant to a
data match system, a financial institution shall provide on a periodic basis,
but no more frequently than every three months, the account title, record
address, social security number or other taxpayer identification number, for any
person in arrears in the payment of child support who is identified by the
Department in the request by social security number or other taxpayer
identification number.
		Any such agreement shall provide for the following:

1. The financial institution shall be obligated to match only those accounts for
which a social security number or taxpayer identification number is provided by
the Department, and shall have no obligation to match or identify any account
based on a person&#8217;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 account
matching the social security number and taxpayer identification number provided
by the Department. It shall be the Department&#8217;s responsibility to
determine whether such account is an account subject to a lien, or order to
withhold and deliver in accordance with the provisions of this chapter;

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

4. The financial institution shall have no obligation to hold, encumber, or
surrender assets in any account based on a match until it is served with a lien
or order to withhold and deliver in accordance with the provisions of this
chapter.
			The Department is authorized to pay a reasonable fee to a financial
institution for conducting the data match, not to exceed the actual costs
incurred by such financial institution and may assess and recover actual costs
incurred from noncustodial parents identified as a result of the data match.
			A financial institution providing information in accordance with this section
shall not be liable to any account holder or other person for any disclosure of
information to the Department, for encumbering or surrendering any assets held
by such financial institution in response to a lien or order to withhold and
deliver issued by the Department, or for any other action taken pursuant to this
section, including individual or mechanical errors, provided such action does
not constitute gross negligence or willful misconduct.
			For purposes of this section, &#8220;account&#8221; means a demand deposit
account, checking or negotiable withdrawal order account, savings account, time
deposit account, share account, share draft account or money market mutual fund
account maintained in this Commonwealth.

HISTORY: 1997, cc. 796, 895, § 63.1-260.3; 2002, c. 747.