COMMITTEE SUBSTITUTE
FOR
H. B. 2185
(By Delegates Williams, Stalnaker, Everson and Osborne)
(Originating in the House Committee on the Judiciary.)
[March __, 1997]
A BILL to amend article five-A, chapter thirty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seven-a, and to amend article five-B, chapter thirty-eight of
said code, by adding thereto a new section, designated section
seven-a, all relating to suggestions of salary and wages of
persons engaged in private and public employment; requiring
such persons to notify the clerk of the court issuing the
suggestee execution and the judgment creditor of any change in
the person's job status; making failure to notify a
misdemeanor; providing a criminal penalty; and providing that
clerks of court have no responsibility to investigate or
report on the non-compliance of judgment debtors with this
section.
Be it enacted by the Legislature of West Virginia:
That article five-A, chapter thirty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated seven-a, and
that article five-B, chapter thirty-eight of said code be amended
by adding thereto a new section, designated seven-a, all to read as
follows:
ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED IN
PRIVATE EMPLOYMENT.
§38-5A-7a. Requiring judgment debtor subject to suggestion to
notify clerk and judgment creditor of change in job
status; failure to notify a misdemeanor; penalty;
clerk has no responsibility to investigate or
report non-compliance.
(a) As long as the salary or wages of a judgment debtor are
subject to one or more suggestee executions issued under the
provisions of this article, the judgment debtor must notify each
judgment creditor involved and the clerk of the court issuing each
suggestee execution of any change in the judgment debtor's job
status within thirty days of the date the change in status becomes
effective.
(b) For purposes of this section, a "change in job status"
means any change in the judgment debtor's employment which affects
the identity of his or her employer or the amount of his or her
salary or wages or both. If the judgment debtor's change in job
status affects the identity of his or her employer, the
notification required by this section shall include the name and
address of the new employer and the amount of salary or wages the
judgment debtor earns or will earn in the employ of the new
employer. If the judgment debtor's change in job status affects
the amount of the judgment debtor's salary or wages, the
notification required by this section shall include the new amount
of salary or wages he or she earns or will earn.
(c) Any judgment debtor who fails to report a change in job
status to each judgment creditor involved and the clerk of the
court issuing each suggestee execution as required by this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred
dollars, or confined in the county or regional jail not more than
one year, or both.
(d) Nothing in this section shall require the clerk of any
court issuing a suggestee execution:
(1) to conduct any investigation to determine whether any judgment debtor whose salary or wages are subject to a suggestee
execution issued by the clerk has failed to comply with the
notification requirements of this section; or
(2) to report the non-compliance of any judgment debtor with
the notification requirements of this section to any law- enforcement agency or to the judgment creditor involved.
ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS;
GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.
§38-5AB-7a. Requiring judgment debtor subject to suggestion to
notify clerk and judgment creditor of change in job
status; failure to notify a misdemeanor; penalty;
clerk has no responsibility to investigate or
report non-compliance.
(a) As long as the salary or wages of a judgment debtor are
subject to one or more suggestee executions issued under the
provisions of this article, the judgment debtor must notify each
judgment creditor involved and the clerk of the court issuing each
suggestee execution of any change in the judgment debtor's job
status within thirty days of the date the change in status becomes
effective.
(b) For purposes of this section, a "change in job status"
means any change in the judgment debtor's employment which affects the identity of his or her employer or the amount of his or her
salary or wages or both. If the judgment debtor's change in job
status affects the identity of his or her employer, the
notification required by this section shall include the name and
address of the new employer and the amount of salary or wages the
judgment debtor earns or will earn in the employ of the new
employer. If the judgment debtor's change in job status affects
the amount of the judgment debtor's salary or wages, the
notification required by this section shall include the new amount
of salary or wages he or she earns or will earn.
(c) Any judgment debtor who fails to report a change in job
status to each judgment creditor involved and the clerk of the
court issuing each suggestee execution as required by this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred
dollars, or confined in the county or regional jail not more than
one year, or both.
(d) Nothing in this section shall require the clerk of any
court issuing a suggestee execution:
(1) to conduct any investigation to determine whether any
judgment debtor whose salary or wages are subject to a suggestee
execution issued by the clerk has failed to comply with the notification requirements of this section; or
(2) to report the non-compliance of any judgment debtor with
the notification requirements of this section to any law- enforcement agency or to the judgment creditor involved.
NOTE: The purpose of this bill is to require a judgment debtor
employed by a private or public employer whose salary or wages are
the subject of a suggestee execution to notify the clerk of the
court issuing the execution and the judgment creditor involved of
any change in the judgment debtor's job status. The bill provides
a misdemeanor penalty for failure to make the required notification
within thirty days of the date the change in job status becomes
effective. The bill also provides that clerks of court have no
responsibility to investigate or report on a judgment debtor's non- compliance.
These sections isare new; therefore, underlining and
strikethroughs have been omitted.