HLS 10RS-873 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 741
BY REPRESENTATIVE JOHNSON
SOCIAL SERVICES DEPT: Provides relative to child support programs
AN ACT1
To amend and reenact R.S. 46:236.1.4(B), relative to family and child support programs; to2
provide for financial institution duties; to provide for the authority of other states to3
place levies and liens on assets of noncustodial parents; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:236.1.4(B) is hereby amended and reenacted to read as follows:7
ยง236.1.4. Family and child support programs; financial institution duties;8
responsibilities9
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B.(1) For the purposes of this Subsection, the following definitions shall11
apply:12
(a) "Financial institution" shall have the meaning ascribed in R.S.13
46:236.1.1.14
(b) "Title IV-D agency" shall mean an agency that administers child support15
programs pursuant to Title IV-D of the Social Security Act of 1975.16
(2) In response to a notice of lien or levy, a financial institution shall17
encumber or surrender assets held by such institution on behalf of the noncustodial18
parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4). The19
state shall recognize the authority of Title IV-D agencies in other states to enforce20
all child support matters if the provisions of this Subsection are met.21 HLS 10RS-873 REENGROSSED
HB NO. 741
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(3) Any Title IV-D agency may enforce a lien in this state by attaching and1
seizing of assets of the delinquent obligor held in a financial institution operating in2
Louisiana without the necessity of obtaining an order from any other judicial or3
administrative tribunal if the financial institution is presented with a properly4
documented request. To be properly documented and valid, such request shall5
contain all of the following:6
(a) A certified copy of the judgment or administrative order issued by the7
appropriate legal authority establishing the lien.8
(b) A letter or notice of lien or levy which includes all of the following9
information:10
(i) The name of the Title IV-D agency responsible for making the request for11
attachment and seizure of assets.12
(ii) The name of the Title IV-D agency representative responsible for making13
the request for attachment and seizure of assets.14
(iii) The name of the financial institution to whom the request for attachment15
and seizure is directed.16
(iv) The name and social security number of the obligor against whom the17
lien is sought to be enforced.18
(v) The name and address of the Title IV-D agency to whom the financial19
institution is to remit the seized assets or deposits.20
(vi) A statement confirming that a copy of the request for attachment and21
seizure of assets or deposits was sent to the obligor by certified mail with return22
receipt requested.23
(4) To transmit a request prepared in accordance with the provisions of this24
Subsection, a Title IV-D agency shall send the request by certified mail with return25
receipt requested to all of the following:26
(a) A financial institution through its registered agent as defined in R.S.27
6:285(C).28
(b) The obligor against whom the lien is sought to be enforced.29 HLS 10RS-873 REENGROSSED
HB NO. 741
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(5) If, after fifteen days from the date that a financial institution receives a1
request which conforms with the provisions of this Subpart, the person against whom2
the lien is sought has not provided written notice stating that he has taken legal3
action to enjoin or otherwise restrain compliance with the request, then the financial4
institution may remit funds or other assets to the Title IV-D agency making the5
request.6
(6) No financial institution, including its directors, officers, employees,7
attorneys, accountants, or other agents, shall incur liability to any person, including8
any depositor or other customer, as a result of remitting deposits or other assets to9
a Title IV-D agency in compliance with a request that conforms to the provisions of10
this Subsection.11
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Johnson HB No. 741
Abstract: Allows agencies which operate a child support program under Title IV-D of the
Social Security Act in states other than La. to place a levy or lien directly on assets
held by La. financial institutions without requiring said agencies to obtain a court
order first.
Present law allows the Dept. of Social Services to place a lien on an obligor's assets held by
a La. financial institution.
Proposed law provides that for the purposes of this Subsection, "financial institution" shall
have the meaning ascribed in present law.
Proposed law defines "Title IV-D agency".
Proposed law retains present law and allows Title IV-D child support agencies from other
states to place a levy or lien directly on assets held by an obligor in a La. financial institution
without requiring a court order.
Proposed law provides for the specific procedures by which a Title IV-D agency and a
financial institution may effectuate the enforcement of a lien.
(Amends R.S. 46:236.1.4(B)) HLS 10RS-873 REENGROSSED
HB NO. 741
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are additions.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision providing for definitions.
2. Added provision which provides for the specific procedures by which a Title
IV-D agency and a financial institution may effectuate the enforcement of a
lien.