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Introduced Version House Bill 2881 History

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hb2881 intr
H. B. 2881


(By Delegate Poling)
[Introduced March 4, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §48-1-230 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon proceeds or awards of a child support obligor from Workers' Compensation awards; authorizing cooperation with insurance companies; and providing for the filing of a lien or income withholding order against a future insurance claim settlement of a child support obligor.

Be it enacted by the Legislature of West Virginia:
That §48-1-230 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
§48-1-230. Income defined.
"Income" includes, but is not limited to, the following:
(1) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer and successor employers;
(2) Any income that is the result of self-employment;
(3) Any income that is interest or dividends on investments;
(2) (4) Any payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental employment benefits, workers' compensation benefits, judgments and settlements, awards from arbitration or other alternative dispute resolution agreement or order, state lottery winnings and prizes, and overtime pay;
(3) (5) Any amount of money which is owing to an individual as a debt from:
(A) An individual, partnership, limited partnership association, limited liability company, public or private corporation;
(B) The United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state; or
(C) Any other person or legal entity which is indebted to the obligor.
ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§48-18-119a. Obtaining support from Workers' Compensation benefits.

(a) The Executive Director of the Workers' Compensation Commission shall determine on a periodic basis whether individuals receiving workers' compensation owe child support obligations which are being enforced or have been requested to be enforced by the Bureau for Child Support Enforcement. If an individual is receiving the compensation and owes any child support obligation which is not being met, the Bureau for Child Support Enforcement shall enter into an agreement with the individual to have specified amounts withheld otherwise payable to the individual, and shall submit a copy of the agreement to the Bureau of Employment Programs. In the absence of an agreement, the Bureau for Child Support Enforcement shall bring legal process to require the withholding of amounts from the obligor's compensation.
(b) The Secretary shall enter into a written agreement with the Executive Director of the Workers' Compensation Commission for the purpose of withholding workers' compensation from individuals with unmet support obligations being enforced by the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement shall agree only to a withholding program that it expects to be cost-effective, and, as to reimbursement, shall agree only to reimburse the Workers' Compensation Commission for its actual incremental costs of providing services to the Bureau for Child Support Enforcement.
(c) The Commissioner of the Bureau of Child Support Enforcement shall promulgate a procedural rule for selecting cases to pursue through the withholding of workers' compensation for support purposes. This rule shall be designed to ensure maximum case selection and minimal discretion in the selection process.
(d) The Commissioner of the Bureau of Child Support Enforcement shall, not less than annually, provide a receipt to an individual who requests a receipt for the support paid through the withholding of workers' compensation, if receipts are not provided through other means.
(e) The Commissioner of the Bureau of Child Support Enforcement shall, through direct contact with the Workers' Compensation Commission, process cases through Workers' Compensation programs in this state, and shall process cases through support enforcement agencies in other states. The Commissioner of the Bureau of Child Support Enforcement shall receive all amounts withheld by workers' compensation programs in this state, forwarding any amounts withheld on behalf of support enforcement agencies in other states to those agencies.
(f) At least one time per year, the Commissioner of the Bureau of Child Support Enforcement shall review and document program operations, including case selection criteria established under subsection (c) of this section, and the costs of the withholding process versus the amounts collected and, as necessary, modify procedures and renegotiate the services provided by Workers' Compensation programs to improve program and cost-effectiveness. (g) For the purposes of this section:
(1) "Legal process" means a writ, order, summons or other similar process in the nature of garnishment which is issued by a court of competent jurisdiction or by an authorized official pursuant to an order of the court or pursuant to state or local law.
(2) "Workers' Compensation" means any compensation under state workers' compensation law as provided in chapter twenty-three of this code with the exception of those provisions set forth in sections three and four of article four of said chapter twenty-three.
§48-18-119b. Insurance claim intercept program.

The Commissioner of the Bureau of Child Support Enforcement shall enter into agreements with other state child support enforcement agencies and insurance providers and shall participate in the pooling of delinquent child support obligor information and insurance claim intercept programs in cooperation with other state programs.
The Commissioner of the Bureau of Child Support Enforcement shall file a notice of lien or income withholding order against any insurance claimant who is a delinquent child support obligor in this state.



NOTE: The purpose of this bill is to provide for liens upon proceeds or awards of a child support obligor from Workers' Compensation awards. The bill also requires cooperation with insurance companies and child support enforcement agencies in other states to intercept proceeds of insurance claims and it provides for the filing of a lien or income withholding order against a future insurance claim settlement of a child support obligor.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-18-119a and §48-18-119b are new; therefore, strike-throughs and underscoring have been omitted.

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