HB2475 H GO AM 2-27

NIchols 3192


The Committee on Government Organization moved to amend the bill on page one, after the enacting clause, by striking out the enacting section and the remainder of the bill in its entirety and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §14-1A-1, §14-1-2 and §14-1A-3, all to read as follows:


ARTICLE 1A. Debt resolution service.

§14-1A-1.  Purpose.

The purpose of this article is to provide for a timely and efficient mechanism for the offset of delinquent debt owed the state from payments made by the state.

§14-1A-2. Definitions.

(a)  For purposes of this article, the term:

(1) “Auditor” means the State Auditor.

(2) “Debt” means the Obligations, other than income tax obligations or local government obligations, owed to the state which a spending unit has not been able to collect within a minimum of 180 days of the date on which the obligation was created.

(3) “Division” means the Debt Resolution Services Division, created by this article.

(4) “Offset” means the capture and diversion of a payment due to a vendor, contractor or taxpayer from the state to satisfy an outstanding obligation owed by them to the state.

 (5) “United States Treasury Offset Program” means the reciprocal debt collection offset program between the federal government and the State of West Virginia authorized by section thirty-seven, article one, chapter fourteen of this code.

14-1A-3.  Division Created.

(a) The Auditor is hereby authorized to establish a “Debt Resolution Services Division” to be administered by the existing employees of his or her office, which shall be authorized to identify and offset state payments due to vendors, contractors, or taxpayers that owe delinquent debts to the state.

            (b) The division shall also be authorized to administer the United States Treasury Offset Program established pursuant to section thirty-seven, article one, chapter fourteen of this code.

            (c) The Auditor may promulgate legislative rules under the provisions of article three, chapter twenty-nine-a of this code, to prescribe requirements, forms and agreements as the Auditor deems necessary to effectuate the purposes of this article.  All spending units of the state, with the exception of the state tax commissioner and any other division otherwise exempted by law, are authorized to refer delinquent debt to the division for consideration for offset.  The State Auditor shall not be required to accept the transfer of any debt from any spending unit which he finds is not qualified for offset as proscribed by legislative rule.”