View Amendment Current Amendment: 323R001.KMM.GH.docx to Bill 323     Senator HEMBREE proposed the following amendment (323R001.KMM.GH):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/     SECTION     1.     Chapter 54, Title 12 of the 1976 Code is amended by adding:

    "Section 12-54-265.     (A)     For the purposes of this section, 'financial institution' means a federal, state, commercial, or savings bank and loan association, cooperative bank, federal or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
    (B)(1)     Notwithstanding any other provision of law, the department may submit to a financial institution information that identifies a debtor named on a warrant for distraint that has been issued and filed by the department. For the purposes of debts named on warrants for distraint, the debt must be at least one hundred eighty days old from the date of assessment. The department may submit the information to the financial institution on a quarterly basis or, with the agreement of the financial institution, on a more frequent basis. A financial institution that receives the information must conduct a data match. The financial institution must then provide to the department, in a manner and on a form prescribed by the department, information concerning account holders for use in the collection of the debt associated with the warrant for distraint, including, but not limited to, the account holder's:
            (a)     full name;
            (b)     Social Security number, taxpayer identification number, or alien identification number, as applicable;
            (c)     address of record;
            (d)     account number; and
            (e)     assets and liabilities.
        (2)     Nothing contained in this section allows a financial institution to release information concerning accounts held jointly or in common by a person not subject to the debt.
        (3)     The financial institution must be paid a reasonable fee out of the collected funds not to exceed actual costs.
    (C)     Notwithstanding any other provision of law, a financial institution is not liable to a person for:
        (1)     disclosure of information to the department, its designee, or the department's or its designee's employees pursuant to subsection (B);
        (2)     encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department or its designee; or
        (3)     any other action taken in good faith to comply with the requirements of subsection (B)."

SECTION     2.     This act takes effect upon approval by the Governor.     /
    Renumber sections to conform.
    Amend title to conform.