SENATE BILL REPORT

SB 6399

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

Requiring employer compliance with the office of support enforcement.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 31, 1990; February 1, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Niemi, Patrick, Rasmussen, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  March 3, 1990

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 13, 1990

BACKGROUND:

An employer who disciplines, discharges or refuses to hire an employee as the result of a payroll deduction action shall be liable to the employee for double the amount of damages suffered.  The employer shall 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 order 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, reasonable attorney fees and staff costs.

SUMMARY:

The provision allowing double damages for a wrongful discipline, discharge, or refusal to hire is eliminated.  The civil penalty is not to exceed $250.

The Office of Support Enforcement is required to make reasonable efforts to support and encourage employers in complying with notices of payroll deduction.  An employer may be held responsible for failing or refusing to respond if the employer was properly informed of the action.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Senator Barr, prime sponsor; Dave Hogan, DSHS; Cliff Finch, AWB

HOUSE AMENDMENT:

New language about employers being "properly notified" is stricken and existing law providing for service on employers is restored.  Intent sections are merged.