(a) The Attorney General shall enter into agreements with financial institutions doing business on Guam to coordinate the development and operation of a system for matching data, using automated exchanges or data to the maximum extent feasible. As used in this Section, “financial institution” means any banking institution or trust company, savings and loan institution, credit union, finance company, insurance company or related corporation, partnership, benefit association, foundation, safe deposit company, money market mutual fund or similar entity authorized to do business on Guam. (b) A financial institution doing business on Guam shall: (1) cooperate with the Attorney General, or a designated representative, in carrying out Subsection (a) of this § 34109.1; (2) use the system to provide to the support enforcement agency for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification, and other identifying information for each responsible parent who maintains an account at the financial institution, as identified by the support enforcement agency by name and social security number of other number assigned for taxpayer identification; (3) surrender to the support enforcement agency such assets held by the financial institution on behalf of the responsible parent as may be required by the support enforcement agency in response to the receipt from the support enforcement agency of a; (A) notification of a lien against a responsible parent which arises pursuant to an order of a tribunal of Guam or is entitled to full faith and credit pursuant to this Chapter or the Uniform Interstate Family Support Act; (B) notice of attachment pursuant to this Chapter. (4) except as otherwise provided in Subsection (b)(3) of this § 34109.1, in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to this Chapter or the Uniform Interstate Family Support Act or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien. A financial institution doing business on Guam which receives from the support enforcement agency a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien. (c) A financial institution may not be held liable in any civil or criminal action for: (1) any disclosure of information to the support enforcement agency pursuant to this § 34109.1; (2) encumbering or surrendering any assets held by the financial institution pursuant to this § 34109.1; (3) any other action taken in good faith to comply with the requirements of this § 34109.1. (d) If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to Subsection (b) of this § 34109.1, the support enforcement agency is not liable to the
COL 2024-12-05 TITLE 5 GOVERNMENT OPERATIONS
responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for payment of support SOURCE: Added by P.L. 24-129:15 (Feb. 16, 1998). Subsection (a) amended by P.L. 26-148:7 (Sept. 27, 2002) to conform to federal SSA § 466(a)(17), and § 469A(d) relating to the definition of “financial institutions”.
§ 34109.2 Social Security Numbers Required for Certain License Applications. Each licensing board, commission, or other entity which issues professional, occupational, motor vehicle, recreational, or marriage licenses or certificates shall record the Social Security number of an applicant for such license or certificate on the application and shall enter this information in its database in order to aid the Attorney General in locating parents or their assets, or in enforcing child support orders. SOURCE: Added by P.L. 26-148:8 (Sept. 27, 2002) to conform with SSA § 466(a)(13) and also the new federal privacy laws, which this section does not offend.