Senate Bill No. 264
(By Senator Holliday)
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[Introduced February 4, 1994; referred to the Committee
on the Judiciary.]
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A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-a; and to
amend article two, chapter forty-eight-a of said code by
adding thereto two new sections, designated sections
twenty-two and twenty-six, all relating to compliance with
child support orders; defining certain terms; providing that
the child advocate office notify certain support obligors of
intention to submit the obligor's name to his or her
licensing board; providing for an administrative hearing;
providing that the child advocate office certify in writing
to the appropriate licensing board the names of certain
support obligors; providing an opportunity for compliance;
providing for agreements; promulgation of rules; requiring
certain reports; setting forth consequences for
noncompliance; providing a procedure for reissuance of
license; requiring program review; declaring that families
have certain financial responsibilities; defining certain
terms; requiring that individuals who hold a driver's
license comply with a court order of child support;
providing for certification of nonsupport to the
commissioner of motor vehicles; providing for notice of
suspension; temporary licenses; promulgation of rules by the
commissioner of motor vehicles; providing that certain costs
be indemnified; providing for certain agreements; requiring
the child advocate office to report certain information;
providing for the suspension or revocation of a support
obligor's hunting and fishing license; requiring notice of
suspension; providing for promulgation of rules; charging
for certain costs; agreements; modification of support
orders; stays; and program reviews.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-a; and that
article two, chapter forty-eight-a of said code be amended by
adding thereto two new sections, designated sections twenty-two
and twenty-six, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1A. COMPLIANCE WITH CHILD SUPPORT ORDERS; LICENSE
QUALIFICATIONS AND CONDITIONS.
§30-1A-1. Application of article.
Unless otherwise specially provided, every board ofexamination or registration referred to in this chapter shall
conform to the requirements prescribed in the following sections
of this article.
§30-1A-2. Compliance with support orders; license qualifications
and conditions.
In addition to other qualifications for licensure or
registration and conditions for continuing eligibility to hold a
license as prescribed by this chapter, licensees renewing their
licenses and existing licensees shall comply with the
requirements of this article with respect to parental support
obligations.
§30-1A-3. Definitions; notice to licensing boards and obligor;
administrative hearing; decision after hearing; stay;
certification of noncompliance; notice from board; written
confirmation of compliance; rules; agreements; motion to
modify court order of support; reporting; effect of
noncompliance; subsequent reissuance, renewal or other
extension of license or certificate; and program review.
(a) Definitions. -- As used in this section, unless the
context otherwise indicates, the following terms have the
following meanings:
(1) "Board" means any bureau, board or commission listed in
this chapter, other licensure that is affiliated with or is a
part of the state bar and any other state agency or municipality
that issues a license authorizing a person to engage in abusiness, occupation, profession or industry.
(2) "Child advocate office" means the child advocate office
provided for in chapter forty-eight-a of this code.
(3) "Compliance with a court order of support" means that
the support obligor is no more than ninety days in arrears in
making payments in full for current support, in making periodic
payments on a support arrearage pursuant to a written agreement
with the child advocate office or in making periodic payments as
set forth in a court order of support and has obtained or
maintained health insurance coverage if required by a court order
of support.
(4) "Court order of support" means any judgment or order for
the support of dependent children issued by any court of the
state or another state, including an order in a final decree of
divorce or any judgment or order issued in accordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review.
(5) "License" means a license, certification, registration,
permit, approval or other similar document evidencing admission
to or granting authority to engage in a profession, occupation,
business or industry, but does not mean a registration, permit,
approval or similar document evidencing the granting of authority
to engage in the business of banking.
(6) "Licensee" means any individual holding a license,
certification, registration, permit, approval or other similar
document evidencing admission to or granting authority to engagein a profession, occupation, business or industry except an
individual holding a registration, permit, approval or similar
document evidencing the granting of authority to engage in the
business of banking.
(b) Notice. -- The child advocate office may serve notice
upon a support obligor who is not in compliance with a court
order of support that informs the obligor of the child advocate
office intention to submit the obligor's name to any appropriate
board as a licensee who is not in compliance with a court order
of support. The notice must inform the obligor that:
(1) The obligor may request an administrative hearing to
contest the issue of compliance;
(2) A request for hearing must be made in writing and must
be received by the child advocate office within twenty days of
service;
(3) If the obligor requests a hearing within twenty days of
service, the department shall stay action to certify the obligor
to any board for noncompliance with a court order of support
pending a decision after hearing;
(4) If the obligor does not request a hearing within twenty
days of service and is not in compliance with a court order of
support, the department shall certify the obligor to any
appropriate board for noncompliance with a court order of
support;
(5) If the child advocate office certifies the obligor to a
board for noncompliance with a court order of support, the boardmust revoke the obligor's license and refuse to issue or reissue
a license until the obligor provides the board with a release
from the child advocate office that states the obligor is in
compliance with the obligor's support order. A revocation by an
agency or a refusal by an agency to reissue, renew or otherwise
extend the license or certificate of authority is deemed a final
determination; and
(6) If the obligor files a motion to modify support with the
court or requests the child advocate office to amend a support
obligation established by an administrative decision, the child
advocate office shall stay action to certify the obligor to any
board for noncompliance with a court order of support. The
notice must include the address and telephone number of the child
advocate office's support enforcement office that issues the
notice and a statement of the need to obtain a release from that
office. The child advocate office shall attach a copy of the
obligor's court order of support to the notice. Service of the
notice must be made by certified mail, return receipt requested,
or by service in hand. For purposes of this section, authorized
representatives of the child advocate office may serve the
notice.
(c) Administrative hearing. -- An obligor may request an
administrative hearing upon service of the notice described in
subsection (b) of this section. The request for hearing must be
made in writing and must be received by the child advocate office
within twenty days of service. The child advocate office shallconduct hearings under this subsection in accordance with the
requirements of chapter twenty-nine-a of this code. The issues
that may be considered at hearing are limited to whether the
obligor is required to pay child support under a court or
administrative order and whether the obligor is in compliance
with a court order of support.
(d) Decision after hearing. -- The child advocate office
shall render a decision after hearing without undue delay as to
whether the obligor is in compliance with the obligor's court
order of support. The decision must be based on the hearing
record and rules adopted by the child advocate office. The
decision must inform the obligor that the obligor may file a
petition for judicial review of the decision within thirty days
of the date of the decisions. The child advocate office shall
send an attested copy of the decision to the obligor by regular
mail to the obligor's most recent address of record.
(e) Stay. -- If an obligor timely requests a hearing to
contest the issue of compliance, the child advocate office may
not certify the name of the obligor to a board for noncompliance
with a court order of support until the child advocate office
issues a decision after hearing that finds the obligor is not in
compliance with a court order of support.
(f) Certification of noncompliance. -- The child advocate
office may certify in writing to any appropriate board that a
support obligor is not in compliance with a court order of
support if:
(1) The obligor does not timely request a hearing upon
service of a notice and is not in compliance with a court order
of support twenty-one days after service of the notice;
(2) The child advocate office issues a decision after
hearing that finds the obligor is not in compliance with a court
order of support; or
(3) The court enters a judgment on a petition for judicial
review that finds the obligor is not in compliance with a court
order of support. The child advocate office shall send by
regular mail a copy of any certification of noncompliance filed
with a board to the obligor at the obligor's most recent address
of record.
(g) Notice from board. -- A board shall notify an obligor
certified by the child advocate office without undue delay, that
the obligor's application for the issuance or renewal of a
license may not be granted or that the obligor's license has been
revoked because the obligor's name has been certified by the
child advocate office as a support obligor who is not in
compliance with a court order of support.
(h) Written confirmation of compliance. -- When an obligor
who is served notice subsequently complies with the court order
of support, the child advocate office shall provide the obligor
with written confirmation that the obligor is in compliance with
the order.
(i) Rules. -- The child advocate office shall adopt rules to
implement and enforce the requirements of this section.
(j) Agreements. -- The child advocate office and the various
boards shall enter into such agreements as are necessary to carry
out the requirements of this section, but only to the extent the
child advocate office determines it is cost effective.
(k) Motion to modify court order of support; stay. --
Nothing in this section prohibits a support obligor from filing
a motion to modify support with the court or from requesting the
child advocate office to amend a support obligation established
by an administrative decision. The child advocate office shall
stay action to certify the obligor to any board for noncompliance
with a court order of support if the obligor files a motion to
modify support with the court and notifies the child advocate
office of the motion or requests the child advocate office to
amend a support obligation established by the child advocate
office.
(l) Reporting. -- On or before the first day of April, one
thousand nine hundred ninety-four, and annually thereafter all
boards subject to this section shall provide to the child
advocate office specified information about applicants for
licensure and all current licensees. The information to be
provided must include all of the following information about the
licensee:
(1) Name;
(2) Address of record;
(3) Federal employer identification number or social
security number;
(4) Type of license;
(5) Effective date of license or renewal;
(6) Expiration date of license; and
(7) Active or inactive status.
(m) Effect of noncompliance. -- The child advocate office,
upon receipt of the licensee information, shall identify and
notify each board of the names of any of its licensees who are
support obligors subject to this section. The notice must
include the social security number and address of the support
obligor, the name, address and telephone number of the child
advocate office's designee for implementing this section and a
certification by the child advocate office that it has verified
that the licensee is a support obligor subject to this section.
When the child advocate office notifies a board under this
subsection, the child advocate office shall provide adequate
notice of its action to the obligor. The notice must inform the
obligor of the right to request a hearing on the issue of whether
the obligor is in compliance with a court order of support. The
board may not issue or renew a license to a person whose name is
on the most recent list from the child advocate office until the
board receives a copy of a written confirmation of compliance.
(n) Subsequent reissuance, renewal or other extension of
license or certificate. -- The board may reissue, renew or
otherwise extend the license or certificate of authority in
accordance with the board's rules after the board receives a copy
of the written confirmation of compliance. A board may waive anyapplicable requirements for reissuance, renewal or other
extension if it determines that the imposition of that
requirement places an undue burden on the person and that waiver
of the requirement is consistent with the public interest.
(o) Program review. -- In furtherance of the public policy
of increasing collection of child support, the child advocate
office shall report the following to the Legislature and the
governor on the first day of January, one thousand nine hundred
ninety-six:
(1) The number of support obligors identified as licensees
subject to this section;
(2) The number of support obligors identified by the child
advocate office under this section who are not in compliance with
a court order of support; and
(3) The number of actions taken by the child advocate office
under this section and the results of those actions.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.
ARTICLE 2. WEST VIRGINIA CHILD ADVOCATE OFFICE.
§48A-2-22. Family financial responsibility; purpose;
definitions; compliance with court order of support;
certification of noncompliance; suspension of driver's
license; notice of suspension; temporary license; rules;
costs; agreement; motion to modify court order of support;
stay; program review.
(a) Purpose. -- The Legislature finds and declares the child
support is a basic legal right of the state's parents andchildren, that mothers and fathers have a legal obligation to
provide financial support for their children and that child
support payments can have a substantial impact on child poverty
and state welfare expenditures. It is, therefore, the intent of
the Legislature to encourage payment of child support to decrease
overall costs to the state's taxpayers while increasing the
amount of financial support collected for the state's children.
To this end, the child advocate office is authorized to initiate
action under this section against individuals who are not in
compliance with a court order of support.
(b) Definitions. -- As used in this section, unless the
context otherwise indicates, the following terms have the
following meanings:
(1) "Child Advocate Office" means the child advocate office
provided for in chapter forty-eight-a of this code, a designee or
an authorized representative.
(2) "Compliance with a court order of support" means that
the support obligor is no more than ninety days in arrears in
making payments in full for current support, in making periodic
payments on a support arrearage pursuant to a written agreement
with the child advocate office, in making periodic payments as
set forth in a court order of support or has obtained or
maintained health insurance coverage as required.
(3) "Court order of support" means any judgment or order for
the support of dependent children issued by any court of the
state or another state, including an order in a final decree ofdivorce or any judgment or order issued in accordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review.
(c) Compliance with court order of support. -- In addition
to other qualifications and conditions established by this code,
the right of an individual to hold a motor vehicle operator's
license or permit issued by the state is subject to the
requirements of this section.
(d) Certification of noncompliance. -- Upon receipt of a
written certification from the child advocate office, that a
support obligor who owns or operates a motor vehicle is not in
compliance with a court order of support, the commissioner of
motor vehicles shall suspend the license and right to operate and
obtain the license of the individual so certified. The
commissioner of motor vehicles may not reinstate an operator's
license suspended for noncompliance with a court order of support
until the child advocate office issues a release that states the
obligor is in compliance with a court order of support or the
court orders reinstatement.
(e) Notice of suspension. -- Upon suspending an individual's
license, permit or privilege to operate under the provisions of
this section, the commissioner of motor vehicles must notify the
individual of the suspension. A notice of suspension must
specify the reason and statutory grounds for the suspension and
the effective date of the suspension and may include any other
notices prescribed by the commissioner. The notice must informthe individual that in order to apply for reinstatement, the
individual must obtain a release from the child advocate office.
The notice must inform the individual that the individual may
file a petition for judicial review of the notice of suspension
in circuit court within thirty days of receipt of the notice.
(f) Temporary license. -- Upon being presented with a
conditional release issued by the commissioner of human services
and at the request of an individual whose operator's license,
permit or privilege to operate has been suspended under this
section, the commissioner of motor vehicles may issue the
individual a temporary license valid for a period not to exceed
one hundred twenty days.
(g) Rules. -- The commissioner of motor vehicles shall adopt
rules to implement and enforce the requirements of this section.
(h) Costs. -- The child advocate office shall indemnify the
commissioner of motor vehicles for legal expenses incurred in
defending the commissioner's actions to comply with the
requirements of this section.
(i) Agreement. -- The commissioner of motor vehicles and the
child advocate office may enter into an agreement to carry out
the requirements of this section.
(j) Motion to modify court order of support; stay. --
Nothing in this section prohibits a support obligor from filing
a motion to modify support with the court or from requesting the
child advocate office to amend a support obligation established
by an administrative decision. The child advocate office shallstay action to certify the obligor to the commissioner of motor
vehicles for noncompliance with a court order of support if the
obligor files a motion to modify support with the court and
notifies the child advocate office of the motion or requests the
child advocate office to amend a support obligation established
by the child advocate office.
(k) Program review. -- In furtherance of the public policy
of increasing collection of child support, the child advocate
office shall report the following to the Legislature and the
governor on the first day of July, one thousand nine hundred
ninety-five:
(1) The number of notices served upon support obligors by
the child advocate office under this section;
(2) The number of obligors served notice under this section
who request a hearing;
(3) The number of hearings held under this section, the
results of the hearings and the number of cases settled without
a hearing;
(4) The number of support obligors certified to the
commissioner of motor vehicles for noncompliance with a court
order of support under this section; and
(5) The costs incurred in the implementation and enforcement
of this section and the child advocate office's estimate of the
amount of child support collected due to the child advocate
office's actions under this section.
§48A-2-26. Suspension of hunting and fishing license; notice of
suspension; rules; costs; agreement; motion to modify court
order of support; stay; program review.
(a) Compliance with court order of support. -- In addition
to other qualifications and conditions established by this code,
the right of an individual to hold a hunting or fishing license
or permit issued pursuant to the provisions of article two,
chapter twenty of this code is subject to the requirements of
this article.
(b) Certification of noncompliance. -- Upon receipt of a
written certification from the child advocate office, that a
support obligor, who has been issued any license to hunt or fish
in this state, is not in compliance with a court order of
support, the director of the division of natural resources shall
suspend the license and right to hunt or fish in this state or to
obtain the license of the individual so certified. The director
of natural resources may not reinstate a license suspended for
noncompliance with a court order of support until the child
advocate office issues a release that states the obligor is in
compliance with a court order of support or the court orders
reinstatement.
(c) Notice of suspension. -- Upon suspending an individual's
license, permit or privilege to hunt or fish in this state under
the provisions of this section, the director of natural resources
must notify the individual of the suspension. A notice of
suspension must specify the reason and statutory grounds for the
suspension and the effective date of the suspension and mayinclude any other notices prescribed by the director. The notice
must inform the individual that in order to apply for
reinstatement, the individual must obtain a release from the
child advocate office. The notice must inform the individual
that the individual may file a petition for judicial review of
the notice of suspension in circuit court within thirty days of
receipt of the notice.
(d) Rules. -- The director of natural resources promulgate
rules to implement and enforce the requirements of this section.
(e) Costs. -- The child advocate office shall indemnify the
director of natural resources for legal expenses incurred in
defending the director's actions to comply with the requirements
of this section.
(f) Agreement. -- The director of natural resources and the
child advocate office may enter into an agreement to carry out
the requirements of this section.
(g) Motion to modify court order of support; stay. --
Nothing in this section prohibits a support obligor from filing
a motion to modify support with the court or from requesting the
child advocate office to amend a support obligation established
by an administrative decision. The child advocate office shall
stay action to certify the obligor to the director of natural
resources for noncompliance with a court order of support if the
obligor files a motion to modify support with the court and
notifies the child advocate office of the motion or requests the
child advocate office to amend a support obligation establishedby the child advocate office.
(h) Program review. -- In furtherance of the public policy
of increasing collection of child support, the child advocate
office shall report the following to the Legislature and the
governor on the first day of July, one thousand nine hundred
ninety-five:
(1) The number of notices served upon support obligors by
the child advocate office under this section;
(2) The number of obligors served notice under this section
who request a hearing;
(3) The number of hearings held under this section, the
results of the hearings and the number of cases settled without
a hearing;
(4) The number of support obligors certified to the director
of natural resources for noncompliance with a court order of
support under this section; and
(5) The costs incurred in the implementation and enforcement
of this section and the child advocate office's estimate of the
amount of child support collected due to the child advocate
office's actions under this section.
NOTE: The purpose of this bill is to require compliance
with child support orders. The bill requires that persons
licensed to practice a profession in this state comply with court
ordered child support or have their professional licenses
suspended. The bill establishes a procedure for notice, hearing
and compliance. The bill also requires that support obligors
comply with child support orders or be subject to loss of their
driver's licenses and their hunting and fishing licenses. The
bill provides due process procedures for persons subject to lossof their driver's licenses or their hunting and fishing license.
§30-1A and §§48A-2-22 and 26 are new; therefore, strike-
throughs and underscoring have been omitted.