COMMITTEE SUBSTITUTE
FOR
H. B. 2185
(By Delegates Williams, Stalnaker, Everson and Osborne)

(Originating in the House Committee on the Judiciary.)

[March __, 1997]

A BILL to amend article five-A, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-a, and to amend article five-B, chapter thirty-eight of said code, by adding thereto a new section, designated section seven-a, all relating to suggestions of salary and wages of persons engaged in private and public employment; requiring such persons to notify the clerk of the court issuing the suggestee execution and the judgment creditor of any change in the person's job status; making failure to notify a misdemeanor; providing a criminal penalty; and providing that clerks of court have no responsibility to investigate or report on the non-compliance of judgment debtors with this section.

Be it enacted by the Legislature of West Virginia:
That article five-A, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated seven-a, and that article five-B, chapter thirty-eight of said code be amended by adding thereto a new section, designated seven-a, all to read as follows:

ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED IN PRIVATE EMPLOYMENT.

§38-5A-7a. Requiring judgment debtor subject to suggestion to notify clerk and judgment creditor of change in job status; failure to notify a misdemeanor; penalty; clerk has no responsibility to investigate or report non-compliance.

(a) As long as the salary or wages of a judgment debtor are subject to one or more suggestee executions issued under the provisions of this article, the judgment debtor must notify each judgment creditor involved and the clerk of the court issuing each suggestee execution of any change in the judgment debtor's job status within thirty days of the date the change in status becomes effective.
(b) For purposes of this section, a "change in job status" means any change in the judgment debtor's employment which affects the identity of his or her employer or the amount of his or her salary or wages or both. If the judgment debtor's change in job status affects the identity of his or her employer, the notification required by this section shall include the name and address of the new employer and the amount of salary or wages the judgment debtor earns or will earn in the employ of the new employer. If the judgment debtor's change in job status affects the amount of the judgment debtor's salary or wages, the notification required by this section shall include the new amount of salary or wages he or she earns or will earn.
(c) Any judgment debtor who fails to report a change in job status to each judgment creditor involved and the clerk of the court issuing each suggestee execution as required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, or confined in the county or regional jail not more than one year, or both.
(d) Nothing in this section shall require the clerk of any court issuing a suggestee execution:
(1) to conduct any investigation to determine whether any judgment debtor whose salary or wages are subject to a suggestee execution issued by the clerk has failed to comply with the notification requirements of this section; or
(2) to report the non-compliance of any judgment debtor with the notification requirements of this section to any law- enforcement agency or to the judgment creditor involved.

ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS;
GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.

§38-5AB-7a. Requiring judgment debtor subject to suggestion to

notify clerk and judgment creditor of change in job status; failure to notify a misdemeanor; penalty; clerk has no responsibility to investigate or report non-compliance.