MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO CREATE NEW CODE SECTION 43-19-48, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL ENTER INTO AGREEMENTS WITH CERTAIN FINANCIAL INSTITUTIONS DOING BUSINESS IN THIS STATE TO DEVELOP AND OPERATE A DATA MATCH SYSTEM IN WHICH THE FINANCIAL INSTITUTION SHALL PROVIDE CERTAIN INFORMATION FOR EACH NONCUSTODIAL PARENT WHO MAINTAINS AN ACCOUNT AT THE FINANCIAL INSTITUTION; TO PROVIDE THAT THE FINANCIAL INSTITUTION SHALL NOT BE LIABLE FOR ACTIONS TAKEN IN GOOD FAITH TO COMPLY WITH THE REQUIREMENTS OF THIS ACT; TO PROVIDE DEFINITIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following section shall be codified as Section 43-19-48, Mississippi Code of 1972:

43-19-48. (1) The Department of Human Services shall enter into agreements with financial institutions doing business in this state:

(a) To develop and operate a data match system, using automated data exchanges, in which each financial institution shall provide 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 the financial institution and who owes past-due child support, as identified by the Department of Human Services by name and social security number or other taxpayer identification number; and

(b) In response to a notice of lien or levy, the financial institution shall encumber or surrender, as the case may be, assets held by the institution on behalf of any noncustodial parent who is subject to a child support lien.

(2) A financial institution shall not be liable under federal or state law to any person:

(a) For disclosure of information to the Department of Human Services;

(b) For encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy; or

(c) For any other action taken in good faith to comply with the requirements of subsection (1) of this section.

(3) For purposes of this section:

(a) The term "financial institution" has the meaning given to it under Section 81-12-3 and shall include, but not be limited to, credit unions, stock brokerages and public or private entities administering retirement, savings, annuities, life insurance or pension funds.

(b) The term "account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.