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1996 SESSION

965773350
HOUSE BILL NO. 1401
Offered January 22, 1996
A BILL to amend the Code of Virginia by adding a section numbered 63.1-249.1, relating to child support enforcement.
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Patrons-- McDonnell, Wagner and Albo
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 63.1-249.1 as follows:

§ 63.1-249.1. Child support enforcement; private contracts.

A. By January 1, 1998, all child support enforcement functions in the Commonwealth, shall be performed by private entities. The Department, in consultation with the Office of the Attorney General, shall supervise the administration of the child support enforcement program, let and monitor all contracts and ensure compliance with federal laws and regulations. The Department shall enter into no fewer than four contracts to perform child support enforcement fieldwork functions. Contracts entered into pursuant to this section shall be with an entity submitting an acceptable response pursuant to a request for proposal. An acceptable response shall be one which meets all of the requirements in the request for proposals. Each of the contracts entered into by the Department shall contain a provision that the entity to whom the contract is awarded shall give employment preference to qualified persons whose employment with the Department is terminated as a result of the privatization of child support enforcement functions. Notwithstanding any other provision of law, when hiring to fill vacant positions within the Department, preference shall be given to qualified persons who are unable to obtain employment with an entity who is awarded a contract pursuant to this section and whose jobs with the Division of Child Support Enforcement are terminated as a result of the privatization of child support enforcement functions.

B. Notwithstanding any other provision of law, the Attorney General shall employ special counsel to provide legal services in child support enforcement cases. The Attorney General is authorized to expend funds appropriated to his office in order to enter into contracts for such legal representation.

C. The Department and its agents shall have the authority to assess and recover the actual costs of fees for enforcement actions from the obligor, including but not limited to, fees for service of process, seizure and sale, and foreclosure and court costs.

D. The State Board shall promulgate regulations to implement the provisions of this section.

E. By January 1, 1997, the Department shall submit a report to the Governor and General Assembly with a detailed plan for the implementation of this section.