Louisiana 2013 2013 Regular Session

Louisiana House Bill HB565 Comm Sub / Analysis

                    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)]
Patrick Williams	HB No. 565
Abstract: Authorizes the Dept. of Revenue to establish and use an electronic financial
institution data match system for purposes of enforcement of tax collection from tax
debtors.
Proposed law authorizes the secretary of the Dept. of Revenue to establish and use an electronic
financial institution data match system (hereinafter "system") for comparison of personal account
information held by financial institutions with the secretary's database of tax debtors against
whom an assessment or judgment for the tax has become final.   
Proposed law defines terms, including: account, account holder of interest, account information, 
financial institution, electronic financial institution data match system, and tax debtor. 
Proposed law authorizes the secretary to contract with financial institutions for the purpose of
enforcing the collection of assessments and judgments that have become final.  The contract shall
contain such provisions as the secretary and the financial institution deem necessary.  The
contract shall also provide with respect to the transmission of information from the secretary to
the financial institution regarding the names of tax debtors, and the transmission of information
from the financial institution to the secretary regarding the names of any account holders who
match the names of the tax debtors as identified by the secretary.  Further, an intermediary may
be retained for any purpose related to proposed law. 
Proposed law authorizes the provision of the following data elements for account holders
matching the list of tax debtors provided by the secretary: name, record address, social security
number, taxpayer identification number, other identifying data, account type, account number,
and an average daily account balance for the most recent 30-day period for each calendar quarter
for each account held by a tax debtor.
Proposed law authorizes the secretary to use the information received from a financial institution
to match against the Dept. of Revenue files of taxpayers whose tax liabilities are delinquent or
against the files of any other persons for whom the information is authorized.
Proposed law provides for confidentiality of account information and limits liability of the
financial institution with regard to the provision of data to the secretary. 
Proposed law provides that the procedures established in proposed law are additional  to any
other legal remedy available to the secretary for the collection of tax indebtedness. Proposed law authorizes the promulgation of rules and regulations to implement the provisions
of proposed law. 
Effective upon signature of governor or lapse of time for gubernatorial action. 
(Adds R.S. 47:1543.1)