H. B. 2195
(By Delegates Staton, Amores, Givens, Fleischauer, Rowe, L. White
and Thomas)
(Originating in the House Committee on the Judiciary)
[February 21, 1997]
A BILL to amend article two, chapter forty-eight-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-three-a, relating to nonliability for financial
institutions providing financial records to the division of
child support enforcement.
Be it enacted by the Legislature of West Virginia:
That article two, chapter forty-eight-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section thirty- three-a, to read as follows:
ARTICLE 2. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION; CHILD
SUPPORT ENFORCEMENT DIVISION; ESTABLISHMENT AND
ORGANIZATION.
§48A-2-33a. Nonliability for financial institutions providing financial records to the division of child support
enforcement.
(a) Notwithstanding any
other provision of this code, a
financial institution shall not be liable under the law of this
state to any person for disclosing any financial record of an
individual to the division of child support enforcement in
response to a subpoena issued by the division pursuant to section
thirty-three of this article.
(b) The division of child support enforcement, after obtaining
a financial record of an individual 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 individual.
(c) The civil liability of a person who knowingly, or by
reason of negligence, discloses a financial record of an individual
in violation of subsection (b) of this section is governed by the
provisions of federal law as set forth in 42 U.S.C. §469A.
(d) For purposes of this section the term "financial
institution" means:
(1) Any bank or savings association;
(2) A person who is an institution-affiliated party, as that
term is defined in the federal deposit insurance act, 12 U.S.C.
1813(u);
(3) Any federal credit union or state-chartered credit union, including an institution-affiliated party of a credit union; and
(4) Any benefit association, insurance company, safe deposit
company, money-market mutual fund, or similar entity authorized to
do business in this state.
(e) For purposes of this section, the term "financial record"
means an original of, a copy of, or information known to have been
derived from, any record held by a financial institution pertaining
to a customer's relationship with the financial institution.
NOTE: The purpose of this bill is to establish the
nonliability of financial institutions for disclosing any financial
record of an individual to the division of child support
enforcement when the division is attempting to establish, modify,
or enforce a child support obligation of the individual.