Oklahoma § 56-240.22 - Financial institution data match reporting system

§ 56-240.22. Financial institution data match reporting system

A. The Department of Human Services, in coordination with

representatives of the financial industry in Oklahoma, shall develop

and implement a financial institution data match reporting system.

Such system shall be operated by the Department and shall use

automated data exchanges to the maximum extent feasible to compare

account information data held by financial institutions with the

Child Support Enforcement Division's database of child obligors in

noncompliance with an order of support.

B. The Department is authorized to enter into any contracts or

cooperative agreements necessary to carry out the provisions of this

act.

C. Release and maintenance of any information in a good faith

attempt to comply with the provisions of this act shall not

constitute a violation of any confidentiality or financial privacy

law.

Oklahoma Statutes - Title 56. Poor Persons

D. The Department shall adopt rules under the Administrative

Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma

Statutes, to implement the provisions of this section.

Added by Laws 1997, c. 402, § 25, eff. July 1, 1997.

§56-240.22A. Financial institution data match reporting system Definitions.

As used in Section 240.22 et seq. of this title:

1. "Account" means a demand deposit account, checking or

negotiable withdrawal order account, savings account, time deposit

account, money-market mutual fund account or brokerage account;

2. "Financial institution" means any federal or state bank or

savings association, federal or state credit union, benefit

association, insurance company, safe deposit company, money-market

mutual fund or similar entity authorized to do business by the State

of Oklahoma; and

3. "Noncompliance with an order for support" means that the

obligor has failed to make child support payments required by a

child support order in an amount equal to the child support payable

for at least ninety (90) days.

Added by Laws 1997, c. 402, § 26, eff. July 1, 1997. Amended by

Laws 2001, c. 407, § 19, eff. July 1, 2001.

§56-240.22B. Information required from financial institutions.

A. The Department shall make the first request to each

financial institution to provide data in writing. Within thirty

(30) days of such notification, each financial institution notified

shall provide a list containing the name, record address, social

security number, and other identifying data of each noncustodial

parent who maintains an account at the institution and who is in

noncompliance with an order for support. Each financial institution

is further required to provide such information within thirty (30)

days of the end of each calendar quarter thereafter, after receiving

an updated list of obligors from the Department, without further

notification from the Department.

B. To comply with the requirements of this act a financial

institution may either:

1. Provide to the Department the list of all account holders

for the Department to compare against its list of obligors in

noncompliance with an order for support for the purpose of

identifying which obligors maintain any account at the financial

institution; or

2. Obtain a list of obligors in noncompliance with an order for

support from the Department and compare that data to the data

maintained by the financial institution to identify which of the

obligors maintains any account at the financial institution. The

Department shall provide the list of obligors in noncompliance with

Oklahoma Statutes - Title 56. Poor Persons

an order for support in electronic media form and compatible format

unless the financial institution requests the list to be in written

format.

C. Each institution shall notify the Director of the Department

of Human Services in writing within fifteen (15) days of the

original request to provide the data and by December 15 of each

calendar year if it chooses to change methods for the following

calendar year.

D. A financial institution may provide the required data by

submitting electronic media in a compatible format, delivering,

mailing, or telefaxing a copy of the data or by other means

authorized by the Director of the Department of Human Services, or

their designee, that will result in timely reporting.

E. With regard to account information on all account holders

provided by a financial institution under paragraph 1 of subsection

B of this section, the Department shall retain the reported

information only until the account information is compared against

the Department's database. All account information that does not

pertain to an obligor listed in the Department's database shall be

immediately destroyed and no retention or publication shall be made

of that data by the Department. Financial institutions choosing the

method described in paragraph 2 of subsection B of this section

should immediately destroy all information provided by the

Department after all matches are determined and forwarded to the

Department. All account information that does pertain to an obligor

listed in the Department's database shall be incorporated into the

Department's database and access to that data will then be governed

by this act.

F. A financial institution that performs a data match pursuant

to the provisions of this act and furnishes matching data, if any,

to the Department may collect from the Department for providing such

information in an amount to be established by agreement between the

Department the actual cost incurred for performing the data match.

G. A financial institution that provides information to the

Department in good faith or takes any other action in good faith in

an attempt to comply with the provisions of this act shall not be

liable to any person for disclosing such information or for taking

such action.

H. The Department of Human Services shall examine the data made

available pursuant to this act under the reporting system and make

positive identification of cases in which child support is owed to

the Department pursuant to the state child support program or to the

person entitled to the support.

I. Upon a positive identification, the Department may require

the financial institution to submit additional information

concerning the obligor, social security number, and other data to

Oklahoma Statutes - Title 56. Poor Persons

assure positive identification, and the name and location of the

financial institution.

J. If the Department determines a match between a child support

obligor and an account in a financial institution, the Department

may issue a subpoena seeking additional information or serve a

notice of a levy on the obligor's assets in that financial

institution.

K. The Department shall adopt rules under the Administrative

Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma

Statutes, to implement the provisions of this section.

Added by Laws 1997, c. 402, § 27, eff. July 1, 1997.

§56-240.22C. Financial institution data match reporting system Unauthorized disclosure of information by state employee or agent.

No employee or agent of this state shall divulge any information

referred to in this act, except in the manner herein prescribed to

any public or private agency or individual. Information may be

disclosed and shared by and between any employee of an administering

agency and any other state or federal agency as necessary in the

collection of child support. Unauthorized disclosure of any such

information shall, upon conviction, be a misdemeanor punishable by a

fine of One Thousand Dollars ($1,000.00) per offense. Such

unauthorized release of information shall also be cause for

administrative discipline of any employee who engages in such

unauthorized release.

Added by Laws 1997, c. 402, § 28, eff. July 1, 1997.

§56-240.22D. Financial institution data match reporting system Failure to comply with reporting requirements - Penalty.

Any financial institution which is required to submit a report

pursuant to the provisions of this act which fails, without

reasonable cause, to comply with such reporting requirements after

notification by certified mail return receipt requested, and such

failure continues for more than thirty (30) business days after

mailing of such notification of the failure to comply, without

reasonable cause, or if said financial institution willfully renders

false information in reply to such request, such financial

institution shall be liable for a penalty of One Thousand Dollars

($1,000.00).

Added by Laws 1997, c. 402, § 29, eff. July 1, 1997.

§56-240.22E. Financial institutions data match reporting system Disclosure to depositors or account holders prohibited - Penalty Liability - Unauthorized disclosure of financial records - Penalty.

A. Unless otherwise required by applicable law, a financial

institution furnishing a report or providing information to the

Department pursuant to this act shall not disclose to a depositor or

Oklahoma Statutes - Title 56. Poor Persons

an account holder that the name of such person has been received

from or furnished to the Department; provided, however, that a

financial institution may disclose to its depositors or account

holders that under the financial data match reporting system the

Department has the authority to request certain identifying

information on certain depositors or account holders.

B. If an institution willfully violates the provisions of this

section, such financial institution shall pay to the Department the

lesser of One Thousand Dollars ($1,000.00) or the amount on deposit

or in the account of the person to whom such disclosure was made.

C. A financial institution shall incur no obligation or

liability to a depositor or account holder or any other person

arising from the furnishing of a report or information pursuant to

this act.

D. A financial institution shall incur no obligation or

liability to a depositor or account holder or any other person

arising from the furnishing of information to the depositor or

account holder that the Child Support Enforcement Division has

issued a levy on the depositor’s or account holder’s assets in that

financial institution if the financial institution advises the

depositor or account holder of the levy after the financial

institution has frozen all accounts of the depositor or account

holder pursuant to Section 240.22G of this title.

E. A financial institution may charge an account levied on by

the Department of Human Services a fee, as determined by the

Department, of not less than Twenty Dollars ($20.00) nor more than

Fifty Dollars ($50.00) which shall be deducted from such account

prior to remitting any funds to the Department.

F. Any individual who knowingly makes an unauthorized

disclosure of financial records pursuant to this act shall upon

conviction thereof, be fined up to One Thousand Dollars ($1,000.00)

and shall be subject to civil proceedings for such violation of

privacy.

Added by Laws 1997, c. 402, § 30, eff. July 1, 1997. Amended by

Laws 2000, c. 384, § 19, eff. Nov. 1, 2000.

§56-240.22F. Financial institution data match reporting system Development of compatible systems - Survey of time and expense.

The Department shall determine by survey the likely time and

expense required for individual financial institutions in Oklahoma

to reprogram their data processing systems, if necessary and if

reasonably possible, to carry out electronic data matches. Based on

the information obtained from the survey and in coordination with

representatives of the financial industry in Oklahoma, the

Department shall implement a reporting system that maximizes

electronic data matches with those financial institutions that now

have compatible systems, and that phases in electronic data matches

Oklahoma Statutes - Title 56. Poor Persons

with other financial institutions that are capable of developing

compatible systems with the expenditure of reasonable time and

expense.

Added by Laws 1997, c. 402, § 31, eff. July 1, 1997.

§56-240.22G. Financial institution data match reporting system Levy of match accounts.

Upon matching a delinquent obligor with a financial account, the

Division shall automatically issue a levy for each match account

unless after reviewing each data match, it is found that a levy

would be inappropriate under the particular circumstances, and there

is full and timely compliance with a court-ordered payment plan.

1. Such levy shall be valid for sixty (60) days. Upon receipt

of any levy, the financial institution shall:

a.

immediately freeze all accounts of the obligor, up to

the amount of the lien,

b.

hold funds in the accounts for twenty-one (21) days

before remitting payment to the Division, and

c.

notify the Division if an account has been closed.

2. Except as provided in Section 240.22E of this title, the

financial institution shall not disclose information to the

depositor or account holder. Within three (3) working days after

levy is sent to the financial institution, the Division shall send

the levy to the obligor, with a notice that the obligor has ten (10)

days to request an administrative review of the levy.

3. Twenty-one (21) days after receiving the levy, the financial

institution shall remit funds, up to the amount of the lien, to the

Division, unless the Division has notified the institution that the

levy has been released in part or in full. The financial

institution shall remit any additional deposit made to a levied

account, up to the amount of the levy, for a period of sixty (60)

days after receiving the levy.

Added by Laws 1997, c. 402, § 32, eff. July 1, 1997. Amended by

Laws 2000, c. 384, § 20, eff. Nov. 1, 2000; Laws 2001, c. 407, § 20,

eff. July 1, 2001.