Senate Bill No. 264

(By Senator Holliday)

____________

[Introduced February 4, 1994; referred to the Committee
on the Judiciary.]

____________




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.