59-1-1704.  Election to enter into an agreement.

(1)  A depository institution that does business in this state may elect to use the depository institution data match system to respond to judicial process against a delinquent taxpayer.

Terms Used In Utah Code 59-1-1704

  • Agreement: means an agreement described in Section 59-1-1704 between a depository institution and the commission. See Utah Code 59-1-1702
  • Delinquent taxpayer: means a person against whom the commission is considered to have obtained a judgment for a liability under Section 59-1-1414. See Utah Code 59-1-1702
  • Depository institution: is a depository institution described in Section 7-1-103 that holds or receives deposits, savings, or share accounts. See Utah Code 59-1-1702
  • Depository institution data match system: means the database that the commission develops, maintains, and operates in accordance with Section 59-1-1703. See Utah Code 59-1-1702
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  A depository institution may not make an election under Subsection (1) unless the commission approves the election.

(3)  A depository institution that elects to use the depository institution data match system shall enter into an agreement with the commission.

(4)  An agreement under this section shall:

(a)  address the operation of the depository institution data match system;

(b)  require the depository institution to comply with this part;

(c)  address reimbursement to the depository institution for complying with this part; and

(d)  provide for the security and confidentiality of data contained in the depository institution data match system.

(5)  An election under this section does not preclude the commission from requiring a depository institution to respond to judicial process against a delinquent taxpayer:

(a)  by means other than the depository institution data match system; and

(b)  as provided by law.

Enacted by Chapter 326, 2016 General Session