ENGROSSED

Senate Bill No. 397

(By Senators Bowman, Ball, Dawson,

Kessler, McCabe, Minard, Plymale, Redd,

Walker, Wooton, Boley and Minear)

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[Originating in the Committee on Government Organization;

reported February 3, 2000.]

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A BILL to amend and reenact section twelve, article two, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the child support enforcement division.

Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION; CHILD SUPPORT ENFORCEMENT DIVISION; ESTABLISHMENT AND ORGANIZATION.

§48A-2-12. Establishment of the child support enforcement division; cooperation with the division of human services; continuation.

(a) Effective the first day of July, one thousand nine hundred ninety-five, there is hereby established in the department of health and human resources the child support enforcement division. The division is under the immediate supervision of the director, who is responsible for the exercise of the duties and powers assigned to the division under the provisions of this chapter. The division is designated as the single and separate organizational unit within this state to administer the state plan for child and spousal support according to 42 U.S.C. §654(3).
(b) The division of human services shall cooperate with the child support enforcement division. At a minimum, such cooperation shall require that the division of human services:
(1) Notify the child support enforcement division when the division of human services proposes to terminate or provide public assistance payable to any obligee;
(2) Receive support payments made on behalf of a former or current recipient to the extent permitted by Title IV-D, Part D of the Social Security Act; and
(3) Accept the assignment of the right, title or interest in support payments and forward a copy of the assignment to the child support enforcement division.
(c) Pursuant to the provisions of article ten, chapter four of this code, the child support enforcement division shall continue to exist until the first day of July, two thousand two, unless sooner terminated, continued or reestablished by act of the Legislature.