PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Subject of Possible Rule Making: New sections and/or amendments in chapter 388-14A WAC, to implement HB 2393 (chapter 109, Laws of 2012), which amended RCW 26.23.040 concerning new hire reporting.
Statutes Authorizing the Agency to Adopt Rules on this Subject: HB 2393 (chapter 109, Laws of 2012), RCW 26.23.040(1), 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20A.310.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB 2393 amends RCW 26.23.040, the Washington statute regarding new hire reporting. This statute is a state plan requirement for the child support program under Title IV-D of the federal Social Security Act (42 U.S.C. 653A(b)). The division of child support (DCS) is amending WAC 388-14A-8200 to implement HB 2393, which was adopted to implement changes to federal law contained in two acts: (1) The Claims Resolution Act of 2010 (P.L. 111-291), which among other things makes changes to employer reporting requirements. Under this new provision, employers are now required to report, among other elements, the date that an employee first performs services for pay; and (2) the Trade Adjustment Assistance Extension Act of 2011 (P.L. 112-40), which in Section 253 amends 42 U.S.C. 653a (a)(2) to provide a definition of the term "newly-hired employee," a term which was not previously defined. A state's employer reporting statute must contain the new definition.
Failure to enact these requirements into state law could have resulted in a state plan violation for Washington state, which would jeopardize all federal funding for Washington's child support enforcement and temporary assistance for needy families programs.
Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS/DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at http://www.dshs.wa.gov/dcs/, or on the DSHS economic services administration's policy review web site, which can be found at https://fortress.wa.gov/dshs/f2ws03esaapps/extpolicy/. DSHS/DCS encourages the public to take part in developing the rules. After the rules are drafted, DSHS will file a copy with the office of the code reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Rules Coordinator, DCS, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, e-mail nkoptur@dshs.wa.gov or nancy.koptur@dshs.wa.gov, phone (360) 664-5065, toll-free 1-800-457-6202, fax (360) 664-5342, TTY/TDD (360) 664-5011.
May 18, 2012
Katherine I. Vasquez
Rules Coordinator
Rules and Policies Assistance Unit