WSR 15-15-169

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 22, 2015, 9:10 a.m.]

Subject of Possible Rule Making: The division of child support (DCS) proposed amendments to WAC 388-14A-4200 and any other rules as may be required in order to implement SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015. At the same time DCS files this preproposal statement of inquiry, DCS is filing a CR-103E, Rule-making order, to adopt an emergency amendment of WAC 388-14A-4200; that emergency rule will implement the bill while DCS goes through the regular rule-making process under chapter 34.05 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Implementation of SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015, is authorized under RCW 26.23.030(3), 34.05.220 (1)(a), 34.05.322, and 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015, amended RCW 26.18.190 to add a new subsection (3) providing as follows: "(3) When the veterans' administration apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, the amount paid for the child or children shall be treated for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for that period for which benefits are paid."

In order to implement SB 5793, DCS must amend WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, to include credit for these benefits paid by the United States Department of Veterans Affairs (the new name of the agency formerly known as the Veterans' Administration).

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://dcs.esa.dshs.wa.lcl/Pages/default.aspx, 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, 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.

July 21, 2015

Katherine I. Vasquez

Rules Coordinator