H. B. 4441
(By Delegates Ellem, Manchin, D. Poling, Hunt,
Rowan and Hamilton)
[Introduced February 7, 2012; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-15-201 and §48-15-209 of the Code of West Virginia, 1931, as amended, all relating to removing driver and commercial driver licenses from the identified licenses which may be revoked when in arrearage on child support payments.
Be it enacted by the Legislature of West Virginia:
That §48-15-201 and §48-15-209 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 15. ENFORCEMENT OF SUPPORT ORDER THROUGH ACTION AGAINST LICENSE.
§48-15-201. Licenses subject to action.
The following licenses are subject to an action against a license as provided for in this article:
(1) A business registration certificate issued under article twelve, chapter eleven of this code authorizing a person to transact business in the State of West Virginia;
(2) A permit or license issued under chapter seventeen-b of this code authorizing a person to drive a motor vehicle;
(3) A commercial driver's license issued under chapter seventeen-e of this code authorizing a person to drive a class of commercial vehicle;
(4) (2) A permit, license or stamp issued under article two or two-b, chapter twenty of this code regulating a person's activities for wildlife management purposes, authorizing a person to serve as an outfitter or guide or authorizing a person to hunt or fish;
(5) (3) A license or registration issued under chapter thirty of this code authorizing a person to practice or engage in a profession or occupation;
(6) (4) A license issued under article twelve, chapter forty-seven of this code authorizing a person to transact business as a real estate broker or real estate salesperson;
(7) (5) A license or certification issued under article fourteen, chapter thirty-seven of this code authorizing a person to transact business as a real estate appraiser;
(8) (6) A license issued under article twelve, chapter thirty-three of this code authorizing a person to transact insurance business as an agent, broker or solicitor;
(9) (7) A registration made under article two, chapter thirty-two of this code authorizing a person to transact securities business as a broker-dealer, agent or investment advisor;
(10) (8) A license issued under article twenty-two, chapter twenty-nine of this code authorizing a person to transact business as a lottery sales agent;
(11) (9) A license issued under article thirty-two or thirty-four, chapter sixteen of this code authorizing persons to pursue a trade or vocation in asbestos abatement or radon mitigation;
(12) (10) A license issued under article eleven, chapter twenty-one of this code authorizing a person to act as a contractor;
(13) (11) A license issued under article two-c, chapter nineteen of this code authorizing a person to act as an auctioneer; and
(14) (12) A license, permit or certificate issued under chapter nineteen of this code authorizing a person to sell, market or distribute agricultural products or livestock.
§48-15-209. Hearing on denial, nonrenewal, suspension or restriction of license.
(a) The court shall order a licensing authority to deny, refuse to renew, suspend or restrict a license if it finds that:
(1) All appropriate enforcement methods have been exhausted or are not available;
(2) The person is the holder of a license or has an application pending for a license;
(3) The requisite amount of child support or medical support arrearage exists or health insurance for the child has not been provided as ordered or the person has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding;
(4) No motion to modify the child support order, filed prior to the date that the notice was sent by the Bureau for Child Support Enforcement, is pending before the court; and
(5) There is no equitable reason, such as involuntary unemployment, disability or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the person’s noncompliance with the child support order.
(b) If the court is satisfied that the conditions described in subsection (a) of this section exist, it shall first consider suspending or restricting a driver’s license prior to professional license. If the person fails to appear at the hearing after being properly served with notice, the court shall order the suspension of all licenses identified in section two-hundred-one of this article held by the person.
(c) If the court finds that a license suspension will result in a significant hardship to the person, to the person’s legal dependents under eighteen years of age living in the person’s household, to the person’s employees or to persons, businesses or entities to whom the person provides goods or services, the court may allow the person to pay a percentage of the past-due child support amount as an initial payment, and establish a payment schedule to satisfy the remainder of the arrearage within one year and require that the person comply with any current child support obligation. If the person agrees to this arrangement, no suspension or restriction of any licenses shall may be ordered. Compliance with the payment agreement shall be monitored by the Bureau for Child Support Enforcement.
(d) If a person has good cause for not complying with the payment agreement within the time permitted, the person shall immediately file a motion with the court and the Bureau for Child Support Enforcement requesting an extension of the payment plan. The court may extend the payment plan if it is satisfied that the person has made a good faith effort to comply with the plan and is unable to satisfy the full amount of past-due support within the time permitted due to circumstances beyond the person’s control. If the person fails to comply with the court-ordered payment schedule, the court shall, upon receipt of a certification of noncompliance from the Bureau for Child Support Enforcement, and without further hearing, order the immediate suspension or restriction of all licenses held by the person.
NOTE: The purpose of this bill is to remove driver and commercial driver licenses from the identified licenses which may be revoked when in arrearage on child support payments.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.