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ENGROSSED HOUSE BILL 2487
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By Representatives Appelwick, Forner and
Karahalios; by request of Department of Social and Health Services
Read first time 01/17/94. Referred to Committee
on Judiciary.
Revising provisions relating to
employer reporting to the Washington state support registry.
AN ACT Relating to
employers in the standard industrial classification; and amending RCW
26.23.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 26.23.040 and 1993 c
480 s 1 are each amended to read as follows:
(1) Except as provided
in subsection (3) of this section, all employers doing business in the state of
Washington, and to whom the department of employment security has assigned the
standard industrial classification sic codes listed in subsection (2) of this
section, shall report to the Washington state support registry:
(a) The hiring of any
person who resides or works in this state to whom the employer anticipates
paying earnings; and
(b) The rehiring or
return to work of any employee who was laid off, furloughed, separated, granted
a leave without pay, or terminated from employment.
(2) Employers in the
standard industrial classifications that shall report to the Washington state
support registry include:
(a) Construction
industry sic codes: 15, general building; ((and)) 16, ((other
than building)) heavy construction; and 17, special trades;
(b) Manufacturing industry
sic code 37, transportation equipment;
(c) ((Wholesale
trade industry)) Business services sic codes: 73, ((business
services,)) except sic code ((7362)) 7363 (temporary help
supply services); and health services sic code 80((, health services)).
(3) Employers are not
required to report the hiring of any person who:
(a) Will be employed
for less than one months duration;
(b) Will be employed
sporadically so that the employee will be paid for less than three hundred
fifty hours during a continuous six-month period; or
(c) Will have gross
earnings less than three hundred dollars in every month.
The secretary of the
department of social and health services may adopt rules to establish
additional exemptions if needed to reduce unnecessary or burdensome reporting.
(4) Employers may
report by mailing the employee's copy of the W-4 form, or other means
authorized by the registry which will result in timely reporting.
(5) Employers shall
submit reports within thirty-five days of the hiring, rehiring, or return to
work of the employee. The report shall contain:
(a) The employee's
name, address, social security number, and date of birth; and
(b) The employer's
name, address, and employment security reference number or unified business
identifier number.
(6) An employer who
fails to report as required under this section shall be given a written warning
for the first violation and shall be subject to a civil penalty of up to two
hundred dollars per month for each subsequent violation after the warning has
been given. All violations within a single month shall be considered a single
violation for purposes of assessing the penalty. The penalty may be imposed
and collected by the office of support enforcement under RCW 74.20A.270.
(7) The
registry shall retain the information for a particular employee only if the
registry is responsible for establishing, enforcing, or collecting a support
obligation or debt of the employee. If the employee does not owe such an
obligation or a debt, the registry shall not create a record regarding the
employee and the information contained in the notice shall be promptly
destroyed. Prior to the destruction of the notice, the department of social
and health services shall make the information contained in the notice
available to other state agencies, based upon the written request of an
agency's director or chief executive, specifically for comparison with records
or information possessed by the requesting agency to detect improper or
fraudulent claims. If, after comparison, no such situation is found or
reasonably suspected to exist, the information shall be promptly destroyed by
the requesting agency. Requesting agencies that obtain information from the
department of social and health services under this section shall maintain the
confidentiality of the information received, except as necessary to implement
the agencies' responsibilities.
