FINAL BILL REPORT

SB 6399

PARTIAL VETO

                              C 165 L 90

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

Requiring employer compliance with the office of support enforcement.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

An employer who disciplines, discharges or refuses to hire an employee as the result of a payroll deduction action may be liable to the employee for double the amount of damages suffered.  The employer may also be liable for costs, reasonable attorney fees and subject to a civil penalty of up to $2,500.

An employer who fails or refuses to deduct and remit earnings, or fails to answer a notice of payroll deduction within 20 days is liable 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.

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 lost wages and other actual damages.  The civil penalty is reduced from a fine up to $2,500 per violation to a fine not to exceed $250.

An employer may be liable for 100 percent of the support debt, or the amount which should have been withheld, if the employer is unwilling to comply with other statutory requirements, such as giving the wage assignment order priority over other garnishments.

VOTES ON FINAL PASSAGE:

     Senate   49    0

     House 97  0 (House amended)

     Senate   46    0 (Senate concurred)

EFFECTIVE:June 7, 1990

Partial Veto Summary:  The provisions requiring the cooperation of the Office of Support Enforcement, eliminating double damages, and reducing the civil penalty were vetoed.  (See VETO MESSAGE)