252I.4 - VERIFICATION OF ACCOUNTS AND IMMUNITY FROM LIABILITY.
252I.4 VERIFICATION OF ACCOUNTS AND IMMUNITY FROM
LIABILITY.
1. The unit may contact a financial institution to obtain
verification of the account number, the names and social security
numbers listed for the account, and the account balance of any
account held by an obligor. Contact with a financial institution may
be by telephone or by written communication. The financial
institution may require positive voice recognition and may require
the telephone number of the authorized person from the unit before
releasing an obligor's account information by telephone.
2. The unit and financial institutions doing business in Iowa
shall enter into agreements to develop and operate a data match
system, using automated data exchanges to the maximum extent
feasible. The data match system shall allow a means by which each
financial institution shall provide to the unit for each calendar
quarter the name, record address, social security number or other
taxpayer identification number, and other identifying information for
each obligor who maintains an account at the institution and who owes
past-due support, as identified by the unit by name and social
security number or other taxpayer identification number. The unit
shall work with representatives of financial institutions to develop
a system to assist nonautomated financial institutions in complying
with the provisions of this section.
3. The unit may pay a reasonable fee to a financial institution
for conducting the data match required in subsection 2, not to exceed
the lower of either one hundred fifty dollars for each quarterly data
match or the actual costs incurred by the financial institution for
each quarterly data match. However, the unit may also adopt rules
pursuant to chapter 17A to specify a fee amount for each quarterly
data match based upon the estimated state share of funds collected
under this chapter, which, when adopted, shall be applied in lieu of
the one hundred fifty dollar fee under this subsection. In addition,
the unit may pay a reasonable fee to a financial institution for
automation programming development performed in order to conduct the
data match required in subsection 2, not to exceed the lower of
either five hundred dollars or the actual costs incurred by the
financial institution. The unit may use the state share of funds
collected under this chapter to pay the fees to financial
institutions under this subsection. For state fiscal years beginning
July 1, 1999, and July 1, 2000, the unit may use up to one hundred
percent of the state share of such funds. For state fiscal years
beginning on or after July 1, 2001, the unit may use up to fifty
percent of the state share of such funds. Notwithstanding any other
provision of law to the contrary, a financial institution shall have
until a date provided in the agreement in subsection 2 to submit its
claim for a fee under this subsection. If the unit does not have
sufficient funds available under this subsection for payment of fees
under this subsection for conducting data matches or for automation
program development performed in the fiscal year beginning July 1,
1999, the cost may be carried forward to the fiscal year beginning
July 1, 2000. The unit may also use funds from an amount assessed a
child support agency of another state, as defined in section 252H.2,
to conduct a data match requested by that child support agency as
provided in 42 U.S.C. § 666(a)(14) to pay fees to financial
institutions under this subsection.
4. a. A financial institution is immune from any liability in
any action or proceeding, whether civil or criminal, for any of the
following:
(1) The disclosure of any information by a financial institution
to the unit pursuant to this chapter or the rules or procedures
adopted by the unit to implement this chapter, including disclosure
of information relating to an obligor who maintains an account with
the financial institution or disclosure of information relating to
any other person who maintains an account with the financial
institution that is provided for the purpose of complying with the
data match requirements of this section and with the agreement
entered into between the financial institution and the unit pursuant
to subsection 2.
(2) Any encumbrance or surrender of any assets held by a
financial institution in response to a notice of lien or levy issued
by the unit.
(3) Any action or omission in connection with good faith efforts
to comply with this chapter or any rules or procedures that are
adopted by the unit to implement this chapter.
(4) The disclosure, use, or misuse by the unit or by any other
person of information provided or assets delivered to the unit by a
financial institution.
b. For the purposes of this section, "financial
institution" includes officers, directors, employees, contractors,
and agents of the financial institution.
5. The financial institution or the unit is not liable for the
cost of any early withdrawal penalty of an obligor's certificate of
deposit. Section History: Recent Form
94 Acts, ch 1101, §4; 97 Acts, ch 175, §111; 99 Acts, ch 127, §3;
2000 Acts, ch 1096, §3, 4; 2000 Acts, ch 1232, §90, 95