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Introduced Version House Bill 4339 History

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hb4339 intr
H. B. 4339


(By Delegates H. White and Campbell)

[By Request of the State Tax Division]

[Introduced February 4, 2010 ; referred to the

Committee on Government Organization then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-1-37, relating to collecting debts through the United States Treasury Offset Program; authorizing the State Auditor to enter into agreements with the United States Treasury's Financial Management Service; specifying reduction and offset of payments for collection of debt; authorizing rules; specifying cost-effective actions to aggressively collect; and authorizing interagency agreements.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §14-1-37, to read as follows:

ARTICLE 1. CLAIMS DUE THE STATE.

§14-1-37. United States Treasury offset program authorized; setoff of federal debts.
(a) The Auditor is authorized to enter into an agreement with the United States Treasury's Financial Management Service to participate in the Treasury Offset Program pursuant to 31 U.S.C. §3716 for the collection of any debts owed to the state or to state agencies. The agreement may provide for the United States to submit debts owed to federal agencies for offset against state payments similar to the procedures for offsetting debts owed to state agencies.
(b) The Auditor shall reduce any state payment by the amount of any federal debt submitted in accordance with the agreement authorized by this section, and pay such amount to the appropriate federal official in accordance with the procedures specified in the agreement.
(c) The amount of the offset fee as set forth in the agreement shall be added to the debt liability, fees, or penalties. The fee may be deducted from amounts remitted to the state by the federal government pursuant to an intergovernmental agreement or from refunds or credits due an individual or entity.
(d) The Auditor may, by rule, establish a fee to be charged to the federal government for the provision of state offset services.
(e) Each state agency and institution shall take all appropriate and cost-effective actions to aggressively collect its accounts receivable. Each agency and institution may participate in the Treasury Offset Program of the United States under 31 U.S.C. §3716.
(f) The Auditor may promulgate rules to implement this section and the agreement pursuant to article three, chapter twenty-nine-a of this code.
(g) The Auditor and the chief administrators of the agencies are authorized by this section to enter into interagency agreements for the purpose of collecting debts, fees and penalties due to the agency.



NOTE: The purpose of this bill is to facilitate the collection of debt owed to the state and state agencies. The bill authorizes the Auditor to enter into a reciprocal agreement with U.S. Treasury Financial Management Service in order to satisfy debt to the state by offsetting federal nontax payments to the person or entity with state debt. The offset fee is an additional debt which the Auditor may pay from money otherwise due and owing to the individual or entity.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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