New Mexico § 27-1-13 - Financial institution data matches

§ 27-1-13. Financial institution data matches

A. “Financial institution” means: (1) a depository institution, as defined in Section 3(c) of the Federal Deposit Insurance

Act ( 12 U.S.C. 1813(c) ); (2) an institution-affiliated party, as defined in Section 3(u) of such act ( 12 U.S.C. 1813(u) ); (3) any federal credit union or state credit union, as defined in Section 101 of the

Federal Credit Union Act ( 12 U.S.C. 1752 ), including an institution-affiliated party of such a credit union, as defined Section

206(r) of such act ( 12 U.S.C. 1786(r) ); and (4) any benefit association, insurance company, safe deposit company, money-market

mutual fund or similar entity authorized to do business in the state. B. “Account” means a demand deposit account, checking or negotiable withdrawal order

account, savings account, time deposit account or money-market mutual fund account. C. “Past-due support” means the amount of support determined under a court order or

an order of an administrative process established under state law for support and

maintenance of a child or of a child and the parent with whom the child is living,

which has not been paid. D. The human services [health care authority] department, acting as the state's child

support enforcement agency pursuant to Title IV-D of the Social Security Act, 1 shall enter into agreements with financial institutions doing business in the state

to develop and operate, in coordination with such financial institutions, a data match

system to be operational by October 1, 2000, using automated data exchanges to the

maximum extent feasible, in which each such financial institution is required to provide

the information. E. The human services [health care authority] department shall establish standard

procedures and formats for the financial institutions. Such procedures shall include administrative due process for child support obligors

before funds or assets may be seized by the department. F. Each financial institution in New Mexico shall provide to the human services [health

care authority] department for each calendar quarter the name, record address, social

security number or other taxpayer identification number and other identifying information

for each noncustodial parent who maintains an account at such institution and who

owes past-due support, as identified by the human services [health care authority]

department, by name and social security number or other taxpayer identification number. G. Upon receipt of a notice of lien or levy from the human services [health care authority]

department, financial institutions shall encumber and surrender assets held by the

institution on behalf of any noncustodial parent who is subject to a child support

lien. H. The human services [health care authority] department may establish and pay a reasonable

fee to a financial institution for conducting the data match provided for in this

act, not to exceed the actual costs incurred by such financial institutions. I. A financial institution shall not be liable under any state law to any person for

disclosing of information to the human services [health care authority] department

under this section; or for freezing or surrendering any assets held by such financial

institution in response to a notice of lien or seizure issued by the human services

[health care authority] department, or for any other action taken in good faith to

comply with the requirements of this section. J. A state child support enforcement agency that obtains a financial record of a person

from a financial institution may disclose such financial record only for the purpose

of, and to the extent necessary in, establishing, modifying or enforcing a child support

obligation of such person. 1

42 U.S.C.A. § 651 et seq.