H. B. 2406
(By Delegates Douglas, Collins, Tucker, Prunty, Claypole,
Stalnaker and Capito)
[Originating in the Committee on Government Organization]
[March 4, 1997]
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, continuing the child
support enforcement division until the first day of July,
one thousand nine hundred ninety-eight.
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:
§48A-2-12. Establishment of the child support enforcement
division; cooperation with the division of human services; continuation.
(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, one thousand nine
hundred ninety-eight.
NOTE: The purpose of this bill is to continue the Child
Support Enforcement Division until July 1, 1998, 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 new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage during the 1997 Regular Session
of the Legislature.