On page 36, after line 13, insert the following:
NEW SECTION. Sec. 62. "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the Washington department of social and health services shall submit a request to obtain a statutory or regulatory waiver of provisions to the extent of the conflicting requirements in Title IV-D of the federal social security act from the federal department of health and human services.
NEW SECTION. Sec. 63. If after submission of a waiver request pursuant to section 62 of this act, the federal department of health and human services denies the request for the waiver, then section 61 of this act is inoperative with respect to sections 1 through 60 of this act."
EFFECT: The 2008 UIFSA Amendments are adopted verbatim in their entirety in chapter
26.21A RCW.
A new section is added to chapter
4.24 RCW that presumes (but does not deem) an order is manifestly incompatible with public policy if it violates a party's constitutional rights.
If there is found to be a conflict with federal law, DSHS must submit a waiver request to federal HHS. If the requested waiver is denied, section 61 of this act is inoperative, with respect to sections 1 through 60 of this act, to the extent of any remaining conflict with federal law.