HOUSE BILL REPORT

SB 6399

BYSenators Barr, Hansen, Bluechel, Warnke, Johnson, Lee and Bailey

Requiring employer compliance with the office of support enforcement.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers and Tate.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Belcher, Brough and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE MARCH 2, 1990

BACKGROUND:

The Office of Support Enforcement may serve a notice of payroll deduction on the employer of a parent who becomes delinquent in making child support payments in an amount equal to or greater than the one month's support payment. An employer who disciplines or discharges an employee, or refuses to hire an applicant because of a child support wage assignment order, may be sued by the employee or applicant.  The employer is liable for double that amount of lost wages and any other damages suffered and is subject to a civil penalty of not more than $2,500 per violation.

An employer who is served with a notice of payroll deduction must immediately make a mandatory payroll deduction and deduct the amount payable to the Washington State Registry each pay period.  The employer must give the wage assignment order priority over any wage assignment or garnishment.  The employer must answer the notice of payroll within 20 days.

If an employer has been served with a notice of payroll deduction, an employer who fails or refuses to deduct and remit earnings to the Washington State Child Support Registry, or fails to answer notice of payroll deduction order is liable to the Washington state support registry for the lesser of 100 percent of the amount of the debt or the amount which should have been withheld.  The liability established against the employer includes costs, interest, reasonable attorney fees, and staff costs. Service of the notice must be made personally or by any form of mail that requires a return receipt.

SUMMARY:

The Office of Support Enforcement is directed to cooperate and assist employers who hire individuals subject to a payroll deduction for child support. The provision that allows double damages for wrongful discipline, discharge, or refusal to hire is eliminated but a wronged person may still recover actual lost wages. The civil penalty is reduced from a fine up to $2,500 per violation to a fine not to exceed $250.

In addition to incurring liability for failing to answer the notice of payroll deduction or failing to deduct and remit to the Washington State Child Support Registry the amount required under the payroll deduction, the employer may be liable for 100 percent of the support debt if the employer is unwilling to comply with other requirements such as giving the wage assignment order priority over other garnishments.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Barr, Prime Sponsor.

House Committee - Testified Against:      Dave Hogan (with concerns).

House Committee - Testimony For:    Most employers are willing to cooperate with the collection effort but may not be able to respond as quickly or completely as required.  Greater cooperation with employers would improve collection efforts.  The penalties are too high and can substantially adversely effect small employers.

House Committee - Testimony Against:      The bill reduces protections and remedies available to a person who is wrongfully discharged or not hired due to the wage assignment order.