Financial institution data matches

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  • (a) The Division is hereby authorized and directed to enter into agreements with financial institutions doing business in the Virgin Islands to develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution is required to provide, on a quarterly basis, the name, record address, social security number or other taxpayer identification number, and other identifying information for each obligor who maintains an account at such institution and who owes overdue support, as identified by the Division by name, social security number or other taxpayer information. The Division is further authorized to share information obtained through such agreements with other agencies of the Government of the Virgin Islands for the purpose of administering the tax laws, or for verifying financial eligibility for entitlement programs in the Virgin Islands. The Attorney General shall promulgate appropriate rules and regulations for the purpose of sharing information between government agencies. The agreements authorized and mandated by this section shall at minimum provide that:

    • (1) “account”, for purposes of this section, shall include a demand deposit account, a checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account;

    • (2) the financial institution, for each obligor submitted by the Division, if such obligor maintains an account at the institution, provide the information required by this subsection;

    • (3) all requests and information provided in response shall be in machine readable form whenever feasible;

    • (4) unless otherwise required by applicable law, an institution furnishing a report or providing information to the Division under this section shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the Division; provided, however, that an institution may disclose to its depositors or account holders that under the bank match system the Division has the authority to request certain identifying information on certain depositors or account holders. If an institution willfully violates this provision, such institution shall pay to the Department of Justice the lesser of one thousand dollars or the amount on deposit or in the account of the person to whom such disclosure was made;

    • (5) the institution, in response to a lien issued pursuant to section 375 of this chapter, shall encumber or surrender, as the case may be, assets held by such institution on behalf of the obligor; and

    • (6) the Division may pay a reasonable fee to the financial institution for conducting the data matches required by this section, provided that the fee does not exceed the actual costs incurred by such financial institution, and that the institution may charge an account levied on by the Division pursuant to section 375 of this chapter a fee, as determined by the Division, of not less than twenty nor more than fifty dollars which shall be deducted from such account prior to remitting any funds to the Division;

  • (b) 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 to the Division under this section, or from failure to disclose to a depositor or account holder that the name of such person was included in a list furnished to the Division or in a report furnished by the institution to the Division.

  • (c) Notwithstanding the foregoing provisions, nothing herein shall be construed to prohibit the Division from sharing bank information data with federal agencies or agencies of other states who administer Title IV-D programs if such information sharing is conducted pursuant to federal mandates and consistent with applicable privacy safeguards.


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