WSR 12-15-072



(Economic Services Administration)

(Division of Child Support)

[ Filed July 18, 2012, 9:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-11-098.

Title of Rule and Other Identifying Information: The division of child support (DCS) is amending WAC 388-14A-8200 to implement HB 2393 (chapter 109, Laws of 2012), which amended RCW 26.23.040 concerning new hire reporting.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

or by calling (360) 664-6094), on August 21, 2012, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 22, 2012.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on August 21, 2012.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 7, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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)). 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.

Reasons Supporting Proposal: 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 (TANF) programs.

Statutory Authority for Adoption: 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.

Statute Being Implemented: HB 2393 (chapter 109, Laws of 2012), amending RCW 26.23.040.

Rule is necessary because of federal law, see above under Purpose.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses because it will not impose more than minor costs on businesses, whether large or small. This rule adds one data element to an existing report that is already required to be filed by all employers doing business in Washington state under RCW 26.23.040.

A cost-benefit analysis is not required under RCW 34.05.328. Although this rule meets the definition of a significant legislative rule under RCW 34.05.328(5), the requirement for a cost-benefit analysis does not apply because this rule adopts a state statute based on federal statutes (RCW 34.05.328 (5)(b)(iii)) and the content of the rule is "explicitly and specifically dictated by statute" (RCW 34.05.328 (5)(b)(v)).

July 13, 2012

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-8200   All Washington employers must report new hires to the Washington state support registry.   (1) RCW 26.23.040 requires all employers doing business in the state of Washington to comply with the employer reporting requirements regarding new hires.

(2) For the purposes of this section, a "new hire" is defined as any person who resides or works in the state of Washington to whom the employer anticipates paying earnings and who:

(a) Has not previously been employed by the employer; or

(b) Was previously employed by the employer but has been separated from such employment for at least sixty consecutive days.

(3) The minimum information that an employer must report is the employee's name, date of birth, Social Security number ((and)), and date of hire.

(a) For purposes of this section, the "date of hire" is defined as the date on which the employee first performed services for pay for the employer.

(b) The "date of hire" of an employee described in subsection (2)(b) of this section, is the date on which the employee returned to perform services for pay after a layoff, furlough, separation, or leave without pay.

(((3))) (4) Employers must report the required information to the Washington State Support Registry (WSSR). An employer may report using the employee's W-4 form or any equivalent form, and may submit the information by:

(a) First class mail;

(b) Fax;

(c) Electronic transmission; or

(d) Any other means authorized by the WSSR which will result in timely reporting.

(5) An employer who submits a copy of the employee's completed W-4 form complies with the ((filing)) reporting requirements of RCW 26.23.040(3).

(((4))) (6) If an employer reports by submitting a W-4 form, the employer may choose to ((voluntarily)) report the ((other)) additional statutory elements by writing or typing the employee's date of birth and date of hire on the form.

[Statutory Authority: RCW 74.08.090, 26.23.040. 01-03-089, 388-14A-8200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-490.]

Washington State Code Reviser's Office