Senate Bill No. 397
(By Senators Bowman, Ball, Dawson,
Kessler, McCabe, Minard, Plymale, Redd,
Walker, Wooton, Boley and Minear)
[Originating in the Committee on Government Organization;
reported February 3, 2000.]
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;
(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.
(NOTE: The purpose of this bill is to continue the Child
Support Enforcement Division until July 1, 2002, pursuant to the
provisions of the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be
This bill is recommended by the Joint Committee on Government
Operations for passage during the regular 2000 Legislative