H-3980              _______________________________________________

                                                   HOUSE BILL NO. 2817

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Kirby, Appelwick, Jacobsen and Bennett

Read first time 1/22/90 and referred to Committee on Judiciary.

AN ACT Relating to the office of support enforcement; and amending RCW 26.23.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 435, Laws of 1987 and RCW 26.23.020 are each amended to read as follows:

          (1) The definitions contained in RCW 74.20A.020 shall be incorporated into and made a part of this chapter.

          (2) "Support order" means a superior court order or administrative order, as defined in RCW 74.20A.020 and includes any court-ordered obligation to pay medical expenses, including costs for dental and orthodontic work and for vision treatment and correction.

          (3) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.  Earnings shall specifically include all gain from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.

          (4) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of an amount required by law to be withheld.

          (5) "Employer" means any person or entity who pays or owes earnings in employment as defined in Title 50 RCW to the responsible parent including but not limited to the United States government, or any state or local unit of government.

          (6) "Employee" means a person in employment as defined in Title 50 RCW to whom an employer is paying, owes or anticipates paying earnings as a result of services performed.