SENATE BILL REPORT

SHB 420

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Armstrong, Valle, Brekke, Holm, Sutherland, Locke and Winsley; by request of Department of Social and Health Services)

Creating the Washington state support registry.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 31, 1987; April 3, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, Moore.

Senate Staff:Lidia Mori (786-7461)

                  April 6, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 3, 1987

BACKGROUND:

A parent who is entitled to receive child support may seek the assistance of private counsel, the prosecuting attorney or the Office of Support Enforcement to collect a support obligation.  At the time of dissolution of marriage proceedings, the court may order support payments to be made directly to the other party, to the Department of Social and Health Services, or to the clerk of the court.  Any court order establishing a duty of support must include notice to the obligated parent that a mandatory wage assignment may be ordered if the support obligation becomes 15 days past due by more than one full payment.

The Governor's Executive Task Force on Support Enforcement has recommended that a centralized registry be established to collect and disburse all support payments and centralize records relating to support obligations in the state.

SUMMARY:

The Washington State Support Registry is established within the Office of Support Enforcement.  The registry is responsible for collecting support payments, paying received funds to the parent entitled to them and maintaining records relating to support orders and debts.

An employer must notify the registry within five days of employment of the name, address, and social security number of new employees who are hired for more than twelve hours per week and forty-eight hours per month.  If the employee does not owe a support debt, the information will be destroyed.

The court may order child support payments to be made to the registry or in a manner the parties agree.

The Department of Social and Health Services may initiate payroll deduction of a parent obligated to pay child support if the support obligation is more than 15 days past due in one month's support amount.  The employer is liable to the registry for 100 percent of the amount of support which could be collected if the employer fails to make required payroll deductions or fails to respond to the notice of payroll deduction.  The employer may deduct $10 from the employee's pay to cover the cost of the first payroll deduction and then one dollar for each payroll deduction after the first.

A person obligated to pay support who is subject to a payroll deduction may petition the court to have the payroll deduction terminated if the person was not past due in support payments or if the payroll deduction causes extreme hardship or substantial injustice.  A person who has been subject to payroll deduction for one year may also petition to have the deduction stopped if there is no past due support.

Records maintained by the support registry are confidential and may be released only when authorized by statute or when necessary for child support enforcement purposes.  The address of the children will be disclosed to a parent having legal custody or visitation rights upon written request and after notice to the custodian of the children.  If the custodian shows the Department that a court has limited the right of the parent to contact the custodian or the children or has prohibited disclosure of their address, the Department shall not release the information.  Disclosure of information in violation of the act is a gross misdemeanor.

If a party to a custody proceeding initiates a mandatory wage assignment, the employer shall pay the funds withheld to the support registry.

The act takes effect January 1, 1988.

Fiscal Note:      available

Effective Date:The bill takes effect January 1, 1988.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The Secretary of Social and Health Services and the Commissioner of Employment Security are directed by the Legislature to work with business and employer groups to create a single reporting process.  By November 1, 1987 they are to submit a progress report to the Judiciary and Commerce and Labor Committees of the Senate and House of Representatives including any recommendations for legislative action.  If a single reporting cannot be devised, the Secretary of DSHS is authorized to adopt rules establishing a system of employer reporting to a central support registry.  By January 25, 1987 the Secretary of DSHS and the Commissioner of Employment Security are to submit a report to the Judiciary and the Commerce and Labor Committees of the Senate and House of Representatives describing the system in effect.

The specific prohibition against an employer asking a prospective employee about the existence of a support order or obligation is removed.

Senate Committee - Testified: Lucille Christenson, Department of Social and Health Services; Jean Irloech, Department of Social and Health Services; Suzanne Howle, Washington State Bar Association, Family Law Section, Seattle-King County Bar Association; Lonnie Johns-Brown, Washington Organization Women; Frank DeLong, Washington State Horticultural Association; Gary Smith, Executive Director of Independent Business Association