7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 8006 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter prohibits any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, or a long-term care ombudsman
when investigating the financial abuse of an elder or dependent adult, may
request a bank, credit union, or savings association to furnish, and a bank,
credit union, or savings association shall furnish, a statement setting forth
the following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's department or
district attorney, a county adult protective services office when investigating
the financial abuse of an elder or dependent adult, or a long-term care
ombudsman when investigating the financial abuse of an elder or dependent
adult, may request, with the consent of the accountholder, the bank, credit
union, or savings association to furnish, and the bank, credit union, or
savings association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the requesting
party for a period 30 days prior to, and up to 30 days following, the date of
occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000) of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001)
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section 37001)
of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
(s) This section shall
7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 8006 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter prohibits any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, or a long-term care ombudsman
when investigating the financial abuse of an elder or dependent adult, may
request a bank, credit union, or savings association to furnish, and a bank,
credit union, or savings association shall furnish, a statement setting forth
the following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's department or
district attorney, a county adult protective services office when investigating
the financial abuse of an elder or dependent adult, or a long-term care
ombudsman when investigating the financial abuse of an elder or dependent
adult, may request, with the consent of the accountholder, the bank, credit
union, or savings association to furnish, and the bank, credit union, or
savings association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the requesting
party for a period 30 days prior to, and up to 30 days following, the date of
occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000) of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001)
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section 37001)
of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
(s) This section shall
7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter shall prohibit any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association in this state, the police or sheriff's department
or district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or a
long-term care ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings association to
furnish, and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a customer
account specified by the requesting party for a period 30 days prior to, and up
to 30 days following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving the
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, access cards, or other orders drawn upon any bank, credit
union, or savings association doing business in this state, the police or
sheriff's department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or dependent adult,
or a long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, may request, with the consent of the accountholder,
the bank, credit union, or savings association to furnish, and the bank, credit
union, or savings association shall furnish, a statement setting forth the
following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) Surveillance photographs and video recordings of persons accessing the
crime victim's financial account via an automated teller machine (ATM) or from
within the financial institution for dates on which illegal acts involving this
account were alleged to have occurred. Nothing in this paragraph does any of
the following:
(A) Requires a financial institution to produce a photograph or video
recording if it does not possess the photograph or video recording.
(B) Affects any existing civil immunities as provided in Section 47 of the
Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000), of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001),
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section
37001), of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 8006 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
7480. Nothing in this chapter prohibits any of the following:
(a) The dissemination of any financial information that is not identified
with, or identifiable as being derived from, the financial records of a
particular customer.
(b) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, or a long-term care ombudsman
when investigating the financial abuse of an elder or dependent adult, may
request a bank, credit union, or savings association to furnish, and a bank,
credit union, or savings association shall furnish, a statement setting forth
the following information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days following,
the date of occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account statements
prepared in the regular course of business shall be deemed to be in compliance
with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney in this
state certifies to a bank, credit union, or savings association in writing that
a crime report has been filed that involves the alleged fraudulent use of
drafts, checks, or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's department or
district attorney, a county adult protective services office when investigating
the financial abuse of an elder or dependent adult, or a long-term care
ombudsman when investigating the financial abuse of an elder or dependent
adult, may request, with the consent of the accountholder, the bank, credit
union, or savings association to furnish, and the bank, credit union, or
savings association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the requesting
party for a period 30 days prior to, and up to 30 days following, the date of
occurrence of the alleged illegal act involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which created
overdrafts and a statement explaining any credit arrangement between the bank,
credit union, or savings association and customer to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account balance on
these dates.
(5) A copy of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the account
closed.
(7) A bank, credit union, or savings association doing business in this
state that provides the requesting party with copies of one or more complete
account statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder shall be
satisfied if an accountholder provides to the financial institution and the
person or entity seeking disclosure, a signed and dated statement containing
all of the following:
(1) Authorization of the disclosure for the period specified in subdivision
(c).
(2) The name of the agency or department to which disclosure is authorized
and, if applicable, the statutory purpose for which the information is to be
obtained.
(3) A description of the financial records that are authorized to be
disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board,
the State Board of Equalization, the Employment Development Department, the
Controller or an inheritance tax referee when administering the Prohibition of
Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of
the Revenue and Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult, a county
welfare department when investigating welfare fraud, a county
auditor-controller or director of finance when investigating fraud against the
county, or the Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the Commissioner of
Corporations, from requesting of an office or branch of a financial
institution, and the office or branch from responding to a request, as to
whether a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this section shall be
released to a county welfare department without either the accountholder's
written consent or a judicial writ, search warrant, subpoena, or other judicial
order.
(3) A county auditor-controller or director of finance who unlawfully
discloses information he or she is authorized to request under this subdivision
is guilty of the unlawful disclosure of confidential data, a misdemeanor, which
shall be punishable as set forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency of
financial records that relate solely to the exercise of its supervisory
function. The scope of an agency's supervisory function shall be determined by
reference to statutes that grant authority to examine, audit, or require
reports of financial records or financial institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by reference
to Division 1 (commencing with Section 99), Division 1.5 (commencing with
Section 4800), Division 2 (commencing with Section 5000), Division 5
(commencing with Section 14000), Division 7 (commencing with Section 18000),
Division 15 (commencing with Section 31000), and Division 16 (commencing with
Section 33000) of the Financial Code.
(2) With respect to the Controller by reference to Title 10 (commencing with
Section 1300) of Part 3 of the Code of Civil Procedure.
(3) With respect to the Administrator of Local Agency Security by reference
to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division
2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of any
security interest that a financial institution has in a specified asset of a
customer or (2) financial records in connection with the filing or audit of a
tax return or tax information return that are required to be filed by the
financial institution pursuant to Part 10 (commencing with Section 17001), Part
11 (commencing with Section 23001), or Part 18 (commencing with Section 38001)
of the Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of the
following:
(1) The information required by Sections 6702, 6703, 8954, 8957, 30313,
30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443,
43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404,
and 60407 of the Revenue and Taxation Code.
(2) The financial records in connection with the filing or audit of a tax
return required to be filed by the financial institution pursuant to Part 1
(commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3
(commencing with Section 8601), Part 13 (commencing with Section 30001), Part
14 (commencing with Section 32001), and Part 17 (commencing with Section 37001)
of Division 2 of the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the branch or
office where the interest is held.
(i) The disclosure to the Controller of the information required by Section
7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the amount of
any security interest a financial institution has in a specified asset of a
customer, if the inquiry is directed to the branch or office where the interest
is held.
(k) The disclosure by a construction lender, as defined in Section 3087 of
the Civil Code, to the Registrar of Contractors, of information concerning the
making of progress payments to a prime contractor requested by the registrar in
connection with an investigation under Section 7108.5 of the Business and
Professions Code.
(l) Upon receipt of a written request from a local child support agency
referring to a support order pursuant to Section 17400 of the Family Code, a
financial institution shall disclose the following information concerning the
account or the person named in the request, whom the local child support agency
shall identify, whenever possible, by social security number:
(1) If the request states the identifying number of an account at a
financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which the request
is delivered, and, if the branch is able to make a computerized search, each
account maintained by the person at any other branch of the financial
institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2), the
account number, current balance, street address of the branch where the account
is maintained, and, to the extent available through the branch's computerized
search, the name and address of any other person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial institution
shall not disclose either the request or its response, to an owner of the
account or to any other person, except the officers and employees of the
financial institution who are involved in responding to the request and to
attorneys, employees of the local child support agencies, auditors, and
regulatory authorities who have a need to know in order to perform their
duties, and except as disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information in response to a
request pursuant to this subdivision, (B) failing to notify the owner of an
account, or complying with a request under this paragraph not to disclose to
the owner, the request or disclosure under this subdivision, or (C) failing to
discover any account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information pursuant to this
subdivision only when the local child support agency has received at least one
of the following types of physical evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by name, the
bank, and the account number.
(x) Correspondence that identifies the child support obligor by name, the
bank, and the banking services related to the account of the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12 months
immediately preceding the request that the person named in the request has had
or may have had an account at an office or branch of the financial institution
to which the request is made.
(7) Information obtained by a local child support agency pursuant to this
subdivision shall be used only for purposes that are directly connected with
the administration of the duties of the local child support agency pursuant to
Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of
Title 42 of the United States Code, upon receipt of an administrative subpoena
on the current federally approved interstate child support enforcement form, as
approved by the federal Office of Management and Budget, a financial
institution shall provide the information or documents requested by the
administrative subpoena.
(2) The administrative subpoena shall refer to the current federal Office of
Management and Budget control number and be signed by a person who states that
he or she is an authorized agent of a state or county agency responsible for
implementing the child support enforcement program set forth in Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code. A financial institution may rely on the statements made in
the subpoena and has no duty to inquire into the truth of any statement in the
subpoena.
(3) If the person who signs the administrative subpoena directs a financial
institution in writing not to disclose either the subpoena or its response to
any owner of an account covered by the subpoena, the financial institution
shall not disclose the subpoena or its response to the owner.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for (A) disclosing information or providing
documents in response to a subpoena pursuant to this subdivision, (B) failing
to notify any owner of an account covered by the subpoena or complying with a
request not to disclose to the owner, the subpoena or disclosure under this
subdivision, or (C) failing to discover any account owned by the person named
in the subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records pursuant to any
of the following:
(1) Compliance by a financial institution with the requirements of Section
2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of Section
2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a peace
officer showing specific and articulable facts that there are reasonable
grounds to believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the records to
be produced, which shall be only those of the individual or individuals who are
the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order shall be open
to the public as a judicial record unless ordered sealed by the court, for a
period of 60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the continuance of
the investigation. Sixty-day extensions may continue for up to one year or
until termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the peace
officer applicant or his or her designee within a reasonable time period after
service of the order upon the financial institution.
(D) Nothing in this subdivision shall preclude the financial institution
from notifying a customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold notification to the
customer upon a finding that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to withhold
notification to the customer under this paragraph, the peace officer or law
enforcement agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(4) No financial institution, or any officer, employee, or agent thereof,
shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections 2892 and
2893.
(B) Disclosing information in response to a court order pursuant to
paragraph (3).
(C) Complying with a court order under this subdivision not to disclose to
the customer, the order, or the dissemination of information pursuant to the
court order.
(o) Disclosure by a financial institution to a peace officer, as defined in
Section 830.1 of the Penal Code, pursuant to the following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code,
provided that the financial institution has first complied with the
requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section
4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code,
provided that any financial institution that is a finance lender has first
complied with the requirements of paragraph (2) of subdivision (a) and
subdivision (b) of Section 22470 of the Financial Code.
(p) When the governing board of the Public Employees' Retirement System or
the State Teachers' Retirement System certifies in writing to a financial
institution that a benefit recipient has died and that transfers to the benefit
recipient's account at the financial institution from the retirement system
occurred after the benefit recipient's date of death, the financial institution
shall furnish the retirement system the name and address of any coowner,
cosigner, or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the account has been
closed, the name and address of the person who closed the account.
(q) When the retirement board of a retirement system established under the
County Employees Retirement Law of 1937 certifies in writing to a financial
institution that a retired member or the beneficiary of a retired member has
died and that transfers to the account of the retired member or beneficiary of
a retired member at the financial institution from the retirement system
occurred after the date of death of the retired member or beneficiary of a
retired member, the financial institution shall furnish the retirement system
the name and address of any coowner, cosigner, or any other person who had
access to the funds in the account following the date of death of the retired
member or beneficiary of a retired member, or if the account has been closed,
the name and address of the person who closed the account.
(r) When the Franchise Tax Board certifies in writing to a financial
institution that (1) a taxpayer filed a tax return that authorized a direct
deposit refund with an incorrect financial institution account or routing
number that resulted in all or a portion of the refund not being received,
directly or indirectly, by the taxpayer; (2) the direct deposit refund was not
returned to the Franchise Tax Board; and (3) the refund was deposited directly
on a specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the financial
institution shall furnish to the Franchise Tax Board the name and address of
any coowner, cosigner, or any other person who had access to the funds in the
account following the date of direct deposit refund, or if the account has been
closed, the name and address of the person who closed the account.
(s) This section shall
