H. B. 2185
(By Delegates Rutledge, Brown and Douglas)
[Introduced February 18, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nineteen, article two,
chapter forty-eight-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing information to credit reporting agencies.
Be it enacted by the Legislature of West Virginia:
That section nineteen, 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:
ARTICLE 2. WEST VIRGINIA CHILD ADVOCATE OFFICE.
§48A-2-19. Providing information to credit reporting agencies.
The director, shall by legislative rule, establish
procedures whereby information regarding the amount of overdue
support owed by an obligor residing in this state will be made
available by the office to any consumer reporting agency: upon
the request of the agency
Provided,
That such legislative rule
shall provide for the following:
(1) If the amount of overdue support is less than onethousand dollars, such information shall not be available;
The information regarding overdue support shall be the same
information as is submitted to the Internal Revenue Service and
shall be submitted to the consumer credit reporting agency
simultaneously with the submission to the Internal Revenue
Service; and
(2) If the amount of overdue support is one thousand dollars
or more, any such information with respect to an obligor shall be
made available under such procedures only after notice has been
sent to such obligor of the proposed action, and such obligor has
been given a reasonable opportunity to contest the accuracy of
such information; and
(3) (2) The imposition of a fee for furnishing such
information, not to exceed the actual cost thereof.
NOTE: The purpose of this bill is to allow the director of
the Child Advocate Office by legislative rule, to report overdue
child support information to the consumer credit reporting agency
simultaneously with the submission to the Internal Revenue
Service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.