AN
ACT Relating to implementing the federal personal responsibility and work
opportunity reconciliation act of 1996; amending RCW 74.08.025, 74.08.340,
74.09.510, 74.09.800, 74.08.331, 28A.630.876, 74.04.050, 41.06.380, 74.12A.020,
74.13.0903, 74.25.040, 74.12.255, 74.04.0052, 13.34.160, 74.12.250, 74.12.410,
74.20A.020, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181,
18.46.050, 18.96.120, 18.104.110, 18.130.150, 18.160.080, 18.165.160,
18.170.170, 43.20A.205, 43.70.115, 19.28.310, 19.28.580, 19.30.060, 19.16.120,
19.31.130, 19.32.060, 19.105.380, 19.105.440, 19.138.130, 19.158.050,
19.166.040, 21.20.110, 67.08.100, 19.02.100, 43.24.080, 43.24.110, 43.24.120,
70.74.110, 70.74.130, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130,
64.44.060, 19.146.220, 75.28.010, 26.09.160, 26.23.050, 26.18.100, 26.23.060,
74.20.040, 26.23.090, 74.20A.100, 26.23.045, 26.23.030, 74.20A.080, 26.23.120,
26.04.160, 26.09.170, 26.21.005, 26.21.115, 26.21.135, 26.21.235, 26.21.245, 26.21.255,
26.21.265, 26.21.450, 26.21.490, 26.21.520, 26.21.530, 26.21.580, 26.21.590,
26.21.620, 26.23.035, 74.20A.030, 74.20.320, 74.20.330, 70.58.080, 26.26.040,
74.20A.055, 26.23.040, 26.23.040, 26.26.130, 70.58.055, 50.13.060, and
74.04.062; reenacting and amending RCW 74.04.005, 74.20A.270, 42.17.310,
74.20A.060, 74.20A.056, 26.09.020, and 26.26.100; adding new sections to
chapter 74.12 RCW; adding new sections to chapter 74.04 RCW; adding a new
section to chapter 28A.630 RCW; adding a new section to chapter 43.30 RCW;
adding a new section to chapter 43.330 RCW; adding a new section to chapter
44.28 RCW; adding new sections to chapter 74.20A RCW; adding a new section to
chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new
section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding
a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW;
adding a new section to chapter 18.28 RCW; adding a new section to chapter
18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to
chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new
section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding
a new section to chapter 18.106 RCW; adding a new section to chapter 18.130
RCW; adding a new section to chapter 18.140 RCW; adding a new section to
chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new
section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW;
adding a new section to chapter 18.185 RCW; adding a new section to chapter
28A.410 RCW; adding a new section to chapter 20.01 RCW; adding a new section to
chapter 48.17 RCW; adding a new section to chapter 74.15 RCW; adding a new
section to chapter 47.68 RCW; adding a new section to chapter 71.12 RCW; adding
a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW;
adding a new section to chapter 88.02 RCW; adding a new section to chapter
43.24 RCW; adding a new section to chapter 70.95B RCW; adding a new section to
chapter 75.25 RCW; adding a new section to chapter 77.32 RCW; adding a new
section to chapter 75.28 RCW; adding a new section to chapter 75.30 RCW; adding
a new section to chapter 26.09 RCW; adding new sections to chapter 74.20 RCW; adding
new sections to chapter 26.23 RCW; adding new sections to chapter 26.21 RCW;
adding a new section to chapter 26.26 RCW; adding a new section to chapter
26.18 RCW; adding a new section to chapter 43.20A RCW; adding a new chapter to
Title 74 RCW; creating new sections; repealing RCW 74.12.420, 74.12.425,
74.04.660, 74.25.010, 74.25.020, 74.25.030, 74.25.900, 74.25.901, 74.08.120,
and 74.08.125; providing effective dates; providing an expiration date; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
TABLE
OF CONTENTS
Page
#
I. GENERAL PROVISIONS.......................................... 5
II. IMMIGRANT PROTECTION....................................... 9
III. WASHINGTON WORKFIRST PROGRAM............................. 15
IV. CHILD CARE................................................ 38
V. TEEN PARENTS............................................... 41
A. PERMISSIBLE LIVING SITUATIONS.............................. 41
B. GRANDPARENT LIABILITY...................................... 44
VI. ILLEGITIMACY PREVENTION AND ABSTINENCE PROMOTION.......... 46
VII. DEPARTMENT OF SOCIAL AND HEALTH SERVICES
ACCOUNTABILITY.. 47
VIII. LICENSE SUSPENSION AND CHILD SUPPORT ENFORCEMENT........ 49
A. LICENSE SUSPENSION......................................... 49
B. CHILD SUPPORT ENFORCEMENT................................. 139
X. MISCELLANEOUS............................................. 209
*NEW
SECTION. Sec. 1.
LEGISLATIVE INTENT AND FINDINGS.
The legislature finds that the federal personal responsibility and work
opportunity reconciliation act of 1996 presents both opportunities and
challenges for the states as they develop methods of moving families in poverty
from welfare to work. The legislature further finds that, although many of the
goals of the federal act coincide with Washington state's vision for enabling
families to achieve eventual economic self-sufficiency through private,
unsubsidized employment, the treatment of legal immigrants under the federal
act does not reflect Washington's commitment to those legal immigrants within
Washington's borders who have played by the rules, and who live in our
communities and participate in the American way of life, providing economic and
cultural enrichment to Washington state's population.
The
legislature finds that at least one-third of public assistance recipients have
experience in the work force and sufficient training to enable them to obtain
unsubsidized employment. The legislature intends to put a priority on finding
jobs, which may include on-the-job training, for this group of public
assistance recipients. The legislature intends that state agencies involved in
welfare reform shall reorganize to accomplish this priority. The legislature
intends that state agencies solicit from businesses information about job
opportunities and make the information available to public assistance
recipients.
The
legislature intends that legal immigrants who obey the laws of Washington, and
who were granted permission to immigrate by the federal government, should be
treated as equitably as possible under the state's enactment and implementation
of public assistance programs.
The
legislature finds that Washington state's goals in implementing the federal act
include promoting the American values of work, education, and responsibility,
including responsible childbearing and dedication by both parents to
protecting, supporting, and bringing up children to become responsible,
productive Americans. This has been the goal and the dream of generations of
Americans, whether native born or naturalized citizens.
The
legislature finds that it is necessary, to enable people to leave welfare, to
encourage a new alliance of state and local government, business, churches,
nonprofit organizations, and individuals to dedicate themselves, within the
letter and the spirit of the law, to helping families in poverty overcome
barriers, obtain support, direction, and encouragement, and become contributors
to the American way of life.
The
legislature finds that, in pursuance of these goals, it is also necessary to
establish policy that recognizes our moral imperative to protect children when
their parents or other adults in a child's life are unable or unwilling to do
so, and to continue our commitment to the elderly, frail, and vulnerable for
whom work is not an option.
The
legislature reaffirms its commitment to provide medical services to eligible
legal immigrants under the children's health program established under RCW 74.09.405.
The legislature affirms its commitment to provide the benefits of the maternity
care access program under RCW 74.09.800 to documented and undocumented
immigrants who qualify.
The
legislature finds that family structure and relationships are critical to the
long-term success and economic self-sufficiency of recipients of temporary
assistance for needy families and their children. The department and its
employees shall communicate clearly to recipients of temporary assistance for
needy families the importance of healthy and safe marriages and family
relationships.
*Sec. 1 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 2.
SHORT TITLE. This act may be known and cited as the Washington
WorkFirst temporary assistance for needy families act.
I.
GENERAL PROVISIONS
Sec.
101. RCW
74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:
(1)
Public assistance ((shall)) may be awarded to any applicant:
(((1)))
(a) Who is in need and otherwise meets the eligibility requirements of
department assistance programs; and
(((2)))
(b) Who has not made a voluntary assignment of property or cash for the
purpose of qualifying for an assistance grant; and
(((3)))
(c) Who is not an inmate of a public institution except as a patient in
a medical institution or except as an inmate in a public institution who could
qualify for federal aid assistance: PROVIDED, That the assistance paid by the
department to recipients in nursing homes, or receiving nursing home care, may
cover the cost of clothing and incidentals and general maintenance exclusive of
medical care and health services. The department may pay a grant to cover the
cost of clothing and personal incidentals in public or private medical
institutions and institutions for tuberculosis. The department shall allow
recipients in nursing homes to retain, in addition to the grant to cover the
cost of clothing and incidentals, wages received for work as a part of a
training or rehabilitative program designed to prepare the recipient for less
restrictive placement to the extent permitted under Title XIX of the federal
social security act.
(2)
Any person otherwise qualified for temporary assistance for needy families
under this title who has resided in the state of Washington for fewer than
twelve consecutive months immediately preceding application for assistance is
limited to the benefit level in the state in which the person resided
immediately before Washington, using the eligibility rules and other
definitions established under this chapter, that was obtainable on the date of
application in Washington state, if the benefit level of the prior state is
lower than the level provided to similarly situated applicants in Washington
state. The benefit level under this subsection shall be in effect for the
first twelve months a recipient is on temporary assistance for needy families
in Washington state.
(3)
Any person otherwise qualified for temporary assistance for needy families who
is assessed through the state alcohol and substance abuse program as drug or
alcohol-dependent and requiring treatment to become employable shall be
required by the department to participate in a drug or alcohol treatment
program as a condition of benefit receipt.
(4)
In order to be eligible for temporary assistance for needy families and food
stamp program benefits, any applicant with a felony conviction after August 21,
1996, involving drug use or possession, must: (a) Have been assessed as
chemically dependent by a chemical dependency program approved under chapter
70.96A RCW and be participating in or have completed a coordinated
rehabilitation plan consisting of chemical dependency treatment and vocational
services; and (b) have not been convicted of a felony involving drug use or
possession in the three years prior to the most current conviction.
Sec.
102. RCW
74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:
All
assistance granted under this title shall be deemed to be granted and to be
held subject to the provisions of any amending or repealing act that may hereafter
be enacted, and no recipient shall have any claim for compensation, or
otherwise, by reason of his assistance being affected in any way by such
amending or repealing act. There is no legal entitlement to public
assistance.
NEW
SECTION. Sec. 103. TIME
LIMITS. (1) A family that includes an adult who has received temporary
assistance for needy families for sixty months after the effective date of this
section shall be ineligible for further temporary assistance for needy families
assistance.
(2)
For the purposes of applying the rules of this section, the department shall
count any month in which an adult family member received a temporary assistance
for needy families cash assistance grant unless the assistance was provided
when the family member was a minor child and not the head of the household or
married to the head of the household.
(3)
The department shall refer recipients who require specialized assistance to
appropriate department programs, crime victims' programs through the department
of community, trade, and economic development, or the crime victims'
compensation program of the department of labor and industries.
(4)
The department may exempt a recipient and the recipient's family from the
application of subsection (1) of this section by reason of hardship or if the
recipient meets the family violence options of section 402(A)(7) of Title IVA
of the federal social security act as amended by P.L. 104-193. The number of
recipients and their families exempted from subsection (1) of this section for
a fiscal year shall not exceed twenty percent of the average monthly number of
recipients and their families to which assistance is provided under the
temporary assistance for needy families program.
(5)
The department shall not exempt a recipient and his or her family from the
application of subsection (1) of this section until after the recipient has
received fifty-two months of assistance under this chapter.
NEW
SECTION. Sec. 104.
ELECTRONIC BENEFIT TRANSFER. By October 2002, the department shall develop and
implement an electronic benefit transfer system to be used for the delivery of
public assistance benefits, including without limitation, food assistance.
The
department shall comply with P.L. 104-193, and shall cooperate with relevant
federal agencies in the design and implementation of the electronic benefit
transfer system.
*NEW
SECTION. Sec. 105. The
following acts or parts of acts are each repealed:
(1) RCW
74.12.420 and 1994 c 299 s 9;
(2) RCW
74.12.425 and 1994 c 299 s 10; and
(3) RCW
74.04.660 and 1994 c 296 s 1, 1993 c 63 s 1, 1989 c 11 s
26, 1985 c 335 s 3, & 1981 1st ex.s. c 6 s 6.
*Sec. 105 was partially vetoed. See message at end of
chapter.
NEW
SECTION. Sec. 106. (1)
The department shall allow religiously affiliated organizations to provide
services to families receiving temporary assistance for needy families on the
same basis as any other nongovernmental provider, without impairing the
religious character of such organizations, and without diminishing the
religious freedom of beneficiaries of assistance funded under chapter 74.12
RCW.
(2)
The department shall adopt rules implementing this section, and the applicable
sections of P.L. 104-193 related to services provided by charitable, religious,
or private organizations.
NEW
SECTION. Sec. 107. A
new section is added to chapter 74.12 RCW to read as follows:
The
department shall (1) provide eligible Indian tribes ongoing, meaningful
opportunities to participate in the development, oversight, and operation of
the state temporary assistance for needy families program; (2) certify annually
that it is providing equitable access to the state temporary assistance for
needy families program to Indian people whose tribe is not administering a
tribal temporary assistance for needy families program; (3) coordinate and
cooperate with eligible Indian tribes that elect to operate a tribal temporary
assistance for needy families program as provided for in P.L. 104-193; (4) upon
approval by the secretary of the federal department of health and human
services of a tribal temporary assistance for needy families program, transfer
a fair and equitable amount of the state maintenance of effort funds to the
eligible Indian tribe; and (5) establish rules related to the operation of this
section and section 108 of this act, covering, at a minimum, appropriate uses
of state maintenance of effort funds and annual reports on program operations.
The legislature shall specify the amount of state maintenance of effort funds
to be transferred in the biennial appropriations act.
NEW
SECTION. Sec. 108. A
new section is added to chapter 74.12 RCW to read as follows:
An
eligible Indian tribe exercising its authority under P.L. 104‑193 to
operate a tribal temporary assistance for needy families program shall operate
the program on a state fiscal year basis. If a tribe decides to cancel a
tribal temporary assistance for needy families program, it shall notify the
department no later than ninety days prior to the start of the state fiscal
year.
*NEW
SECTION. Sec. 109.
A new section is added to chapter 74.12 RCW to read as follows:
WRITTEN
MATERIAL. All forms, letters, and documents sent to
recipients of assistance shall be easy to read and comprehend. The department
shall ensure that all forms, letters, and documents covered by this section
shall be written at an eighth grade comprehension level.
*Sec. 109 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 110. A
new section is added to chapter 74.12 RCW to read as follows:
FOOD
STAMP WORK REQUIREMENTS. Single adults without
dependents between eighteen and fifty years of age shall comply with federal
food stamp work requirements as a condition of eligibility. The department may
exempt any counties or subcounty areas from the federal food stamp work
requirements in P.L. 104-193, unless the department receives written evidence
of official action by a county or subcounty governing entity, taken after
noticed consideration, that indicates that a county or subcounty area chooses
not to use an exemption to the federal food stamp work requirements.
II.
IMMIGRANT PROTECTION
Sec.
201. RCW
74.09.510 and 1991 sp.s. c 8 s 8 are each amended to read as follows:
Medical
assistance may be provided in accordance with eligibility requirements
established by the department ((of social and health services)), as
defined in the social security Title XIX state plan for mandatory categorically
needy persons and: (1) Individuals who would be eligible for cash assistance
except for their institutional status; (2) individuals who are under twenty-one
years of age, who would be eligible for ((aid to families with dependent
children)) temporary assistance for needy families, but do not
qualify as dependent children and who are in (a) foster care, (b) subsidized
adoption, (c) a nursing facility or an intermediate care facility for the
mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged,
blind, and disabled who: (a) Receive only a state supplement, or (b) would not
be eligible for cash assistance if they were not institutionalized; (4) categorically
eligible individuals who ((would be eligible for but choose not to
receive cash assistance)) meet the income and resource requirements of
the cash assistance programs; (5) individuals who are enrolled in managed
health care systems, who have otherwise lost eligibility for medical
assistance, but who have not completed a current six-month enrollment in a
managed health care system, and who are eligible for federal financial
participation under Title XIX of the social security act; (6) children and
pregnant women allowed by federal statute for whom funding is appropriated; ((and))
(7) other individuals eligible for medical services under RCW 74.09.035 and
74.09.700 for whom federal financial participation is available under Title XIX
of the social security act; and (8) persons allowed by section 1931 of the
social security act for whom funding is appropriated.
*NEW
SECTION. Sec. 202.
IMMIGRANTS‑-ELIGIBILITY.
It is the intent of the legislature that all legal immigrants who resided in
the United States before August 22, 1996, retain eligibility for assistance
programs the same as or similar to those from which they lost benefits as a
result of P.L. 104-193. The legislature also intends that sponsors' incomes
continue to be deemed for these individuals in the same manner it was addressed
prior to August 22, 1996.
Accordingly,
the state shall exercise its option under P.L. 104-193 to continue services to
legal immigrants under temporary assistance for needy families, medicaid, and
social services block grant programs. Legal immigrants who lose benefits under
the supplemental security income program as a result of P.L. 104-193 are
immediately eligible to apply for benefits under the state's general
assistance-unemployable program. The department shall redetermine income and
resource eligibility at least annually, in accordance with existing state
policy. It is the policy of the legislature to distinguish between legal
immigrants living in the United States prior to August 22, 1996, and those who
immigrated on or after the enactment of P.L. 104-193. The postenactment legal
immigrants are subject to a five-year benefit exclusion for means-tested public
assistance programs and are subject to the sponsor-deeming provisions of
section 206 of this act, which shall be strictly construed in favor of benefit
denial.
*Sec. 202 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 203.
INCOME AVERAGING‑-BENEFIT DETERMINATION.
In the case of applicants for temporary assistance for needy families whose
principal source of earned income is seasonal employment, the department shall
determine eligibility and benefit levels by retrospectively considering the
applicant's earned income for the twelve-month period immediately preceding the
application for assistance. The earned income shall be prorated on an annual
basis, and the prorated amount used for eligibility and benefit determination
in the prospective month. Assistance shall be denied until the applicant's
prorated prior twelve months of income equals a monthly amount at or below the
eligibility level. The intent of the legislature is to ensure that persons
with seasonal earned income that, if prorated on an annual basis, would have
exceeded the level qualifying them for assistance will be denied assistance
until such time as they qualify on a prorated basis.
*Sec. 203 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 204.
NATURALIZATION FACILITATION. The department shall make
an affirmative effort to identify and proactively contact legal immigrants
receiving public assistance to facilitate their applications for
naturalization. The department shall obtain a complete list of legal
immigrants in Washington who are receiving correspondence regarding their
eligibility from the social security administration. The department shall
inform immigrants regarding how citizenship may be attained. In order to
facilitate the citizenship process, the department shall coordinate and
contract, to the extent necessary, with existing public and private resources
and shall, within available funds, ensure that those immigrants who qualify to
apply for naturalization are referred to or otherwise offered classes. The
department shall assist eligible immigrants in obtaining appropriate test
exemptions, and other exemptions in the naturalization process, to the extent
permitted under federal law. The department shall report annually by December
15th to the legislature regarding the progress and barriers of the immigrant
naturalization facilitation effort. It is the intent of the legislature that
persons receiving naturalization assistance be facilitated in obtaining
citizenship within two years of their eligibility to apply.
*NEW
SECTION. Sec. 205.
SPONSOR DEEMING. (1) Except as provided in
subsection (5) of this section, qualified aliens and aliens permanently
residing under color of law who are recipients of public assistance under this
title as of August 22, 1996, shall have their eligibility for assistance
redetermined.
(2)
Qualified aliens who enter the United States of America after August 22, 1996,
are ineligible to receive public assistance under this title for a period of
five years, except as provided in subsection (6) of this section. Following
their period of ineligibility, their eligibility for public assistance shall be
determined as provided for in this section.
(3)
In determining the eligibility and the amount of benefits of a qualified alien
or an alien permanently residing under color of law for public assistance under
this title, the income and resources of the alien shall be deemed to include
the income and resources of any person and his or her spouse who executed an
affidavit of support pursuant to section 213A of the federal immigration and
naturalization act on behalf of the alien. The deeming provisions of this
subsection shall be waived if the sponsor dies or is permanently incapacitated
during the period the affidavit of support is valid.
(4)
As used in this section, "qualified alien" has the meaning provided
it in P.L. 104-193.
(5)(a)
Qualified aliens specified under sections 403, 412, and 552 (e) and (f),
subtitle B, Title IV, of P.L. 104-193 and in P.L. 104-208, are exempt from this
section.
(b)
Qualified aliens who served in the armed forces of an allied country, or were
employed by an agency of the federal government, during a military conflict
between the United States of America and a military adversary are exempt from
the provisions of this section.
(c)
Qualified aliens who are victims of domestic violence and petition for legal
status under the federal violence against women act are exempt from the
provisions of this section.
(d)
Until January 1, 1999, a qualified alien whose sponsor dies or is permanently
incapacitated is exempt from this section.
(6)
Subsection (2) of this section does not apply to the following state benefits:
(a)
Assistance described in P.L. 104-193 sections 403(c)(H) through (K), 411(b)(1),
421(b), and P.L. 104-208;
(b)
Short-term, noncash, in-kind emergency disaster relief;
(c)
Programs comparable to assistance or benefits under the federal national school
lunch act;
(d)
Programs comparable to assistance or benefits under the federal child nutrition
act of 1966;
(e)
Public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or
not the symptoms are caused by a communicable disease;
(f)
Payments for foster care and adoption assistance;
(g)
Programs, services, or assistance where eligibility is not determined by
employees of the department of social and health services;
(h)
Programs, services, or assistance such as meals from a soup kitchen, crisis
counseling and intervention, and short-term shelter, specified by the attorney
general, after consultation with appropriate agencies and departments, that:
(i)
Deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(ii)
Do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the individual recipient's
income or resources; and
(iii)
Are necessary for the protection of life or safety.
*Sec. 205 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 206.
A new section is added to chapter 74.04 RCW to read as follows:
FOOD
ASSISTANCE. (1) The department may establish a food
assistance program for persons whose immigrant status meets the eligibility
requirements of the federal food stamp program as of August 21, 1996, but who
are no longer eligible solely due to their immigrant status under P.L. 104-193.
(2)
The rules for the state food assistance program shall follow exactly the rules
of the federal food stamp program except for the provisions pertaining to
immigrant status under P.L. 104-193.
(3)
The benefit under the state food assistance program shall be established by the
legislature in the biennial operating budget.
(4)
The department may enter into a contract with the United States department of
agriculture to use the existing federal food stamp program coupon system for
the purposes of administering the state food assistance program.
(5)
In the event the department is unable to enter into a contract with the United
States department of agriculture, the department may issue vouchers to eligible
households for the purchase of eligible foods at participating retailers.
*Sec. 206 was vetoed. See message at end of chapter.
*Sec.
207.
RCW 74.09.800 and 1993 c 407 s 10 are each amended to read as follows:
The
department shall, consistent with the state budget act, develop a maternity
care access program designed to ensure healthy birth outcomes as follows:
(1)
Provide maternity care services to low-income pregnant women and health care
services to children in poverty to the maximum extent allowable under the
medical assistance program, Title XIX of the federal social security act;
(2)
Provide maternity care services to low-income women who are not eligible to
receive such services under the medical assistance program, Title XIX of the
federal social security act;
(3)
By January 1, 1990, have the following procedures in place to improve access to
maternity care services and eligibility determinations for pregnant women
applying for maternity care services under the medical assistance program,
Title XIX of the federal social security act:
(a)
Use of a shortened and simplified application form;
(b)
Outstationing department staff to make eligibility determinations;
(c)
Establishing local plans at the county and regional level, coordinated by the
department; and
(d)
Conducting an interview for the purpose of determining medical assistance
eligibility within five working days of the date of an application by a
pregnant woman and making an eligibility determination within fifteen working
days of the date of application by a pregnant woman;
(4)
Establish a maternity care case management system that shall assist at-risk
eligible persons with obtaining medical assistance benefits and receiving
maternity care services, including transportation and child care services;
(5)
Within available resources, establish appropriate reimbursement levels for
maternity care providers;
(6)
Implement a broad-based public education program that stresses the importance
of obtaining maternity care early during pregnancy;
(7)
Refer persons eligible for maternity care services under the program
established by this section to persons, agencies, or organizations with
maternity care service practices that primarily emphasize healthy birth
outcomes;
(8)
Provide family planning services including information about the synthetic
progestin capsule implant form of contraception, for twelve months immediately
following a pregnancy to women who were eligible for medical assistance under
the maternity care access program during that pregnancy or who were eligible
only for emergency labor and delivery services during that pregnancy; and
(9)
Within available resources, provide family planning services to women who meet
the financial eligibility requirements for services under subsections (1) and
(2) of this section.
The
legislature reaffirms its commitment to provide health care services under this
section to eligible immigrants, regardless of documented or undocumented
status.
*Sec. 207 was vetoed. See message at end of chapter.
III.
WASHINGTON WORKFIRST PROGRAM
NEW
SECTION. Sec. 301. It is
the intent of the legislature that all applicants to the Washington WorkFirst
program shall be focused on obtaining paid, unsubsidized employment. The focus
of the Washington WorkFirst program shall be work for all recipients.
NEW
SECTION. Sec. 302.
DIVERSION ASSISTANCE. (1) In order to prevent some families from developing
dependency on temporary assistance for needy families, the department shall
make available to qualifying applicants a diversion program designed to provide
brief, emergency assistance for families in crisis whose income and assets
would otherwise qualify them for temporary assistance for needy families.
(2)
Diversion assistance may include cash or vouchers in payment for the following
needs:
(a)
Child care;
(b)
Housing assistance;
(c)
Transportation-related expenses;
(d)
Food;
(e)
Medical costs for the recipient's immediate family;
(f)
Employment-related expenses which are necessary to keep or obtain paid
unsubsidized employment.
(3)
Diversion assistance is available once in each twelve-month period for each
adult applicant. Recipients of diversion assistance are not included in the
temporary assistance for needy families program.
(4)
Diversion assistance may not exceed one thousand five hundred dollars for each
instance.
(5)
To be eligible for diversion assistance, a family must otherwise be eligible
for temporary assistance for needy families.
(6)
Families ineligible for temporary assistance for needy families or general
assistance due to sanction, noncompliance, the lump sum income rule, or any
other reason are not eligible for diversion assistance.
(7)
Families must provide evidence showing that a bona fide need exists according
to subsection (2) of this section in order to be eligible for diversion
assistance.
An
adult applicant may receive diversion assistance of any type no more than once
per twelve-month period. If the recipient of diversion assistance is placed on
the temporary assistance for needy families program within twelve months of
receiving diversion assistance, the prorated dollar value of the assistance
shall be treated as a loan from the state, and recovered by deduction from the
recipient's cash grant.
Sec.
303. RCW
74.08.331 and 1992 c 7 s 59 are each amended to read as follows:
Any
person who by means of a willfully false statement, or representation, or
impersonation, or a willful failure to reveal any material fact, condition or
circumstance affecting eligibility ((of [or])) or need for
assistance, including medical care, surplus commodities and food stamps, as
required by law, or a willful failure to promptly notify the county office in
writing as required by law or any change in status in respect to resources, or
income, or need, or family composition, money contribution and other support,
from whatever source derived, including unemployment insurance, or any
other change in circumstances affecting the person's eligibility or need for
assistance, or other fraudulent device, obtains, or attempts to obtain, or aids
or abets any person to obtain any public assistance to which the person is not
entitled or greater public assistance than that to which he or she is justly
entitled shall be guilty of grand larceny and upon conviction thereof shall be
punished by imprisonment in a state correctional facility for not more than
fifteen years.
Any
person who by means of a willfully false statement or representation or by
impersonation or other fraudulent device aids or abets in buying, selling, or
in any other way disposing of the real property of a recipient of public
assistance without the consent of the secretary shall be guilty of a gross
misdemeanor and upon conviction thereof shall be punished by imprisonment for
not more than one year in the county jail or a fine of not to exceed one
thousand dollars or by both.
NEW
SECTION. Sec. 304. A
new section is added to chapter 28A.630 RCW to read as follows:
SCHOOL-TO-WORK
TRANSITIONS. (1) The legislature finds that students who do not prepare for
postsecondary education, training, and employment are more likely to become
dependent on state assistance programs than those who do make such preparation
and that long-term employment and earning outcomes for youth can be
significantly improved through school-to-work transition efforts, particularly
through work-based learning experiences. The legislature intends that every
effort be made to involve all youth in preparation for postsecondary education,
training, and employment, including out-of-school youth.
(2)
Washington is engaged in developing school-to-work transitions for all youth,
which involves preparation for postsecondary education, training, and
employment and requires outreach to out-of-school youth. All school-to-work
transition projects in the state, therefore, whether funded by state or federal
funds, shall contain an outreach component directed toward school-age youth not
currently enrolled in school and demonstrate the involvement of all in-school
youth in preparation for postsecondary education or training or employment. At
the time a school-to-work grant is made, the superintendent of public
instruction shall withhold twenty percent of the grant award and release the
funds upon a showing that the project has satisfactorily included outreach to
out-of-school youth and progress in involving students not traditionally
engaged in preparation for postsecondary education, training, or employment.
(3)
The office of the superintendent of public instruction shall provide technical
assistance to ensure that school districts establish and operate outreach
efforts under this section, and to include out-of-school youth in school-to-work
efforts within available funds.
Sec.
305. RCW
28A.630.876 and 1993 c 335 s 8 are each amended to read as follows:
(1)
The superintendent of public instruction shall report to the education
committees of the legislature and committees of the legislature handling
economic development and social welfare issues on the progress of the
schools for the school-to-work transitions program by December 15 of each
odd-numbered year.
(2)
Each school district selected to participate in the ((academic and
vocational integration development)) school-to-work transitions
program shall submit an annual report to the superintendent of public
instruction on the progress of the project as a condition of receipt of
continued funding.
*NEW
SECTION. Sec. 306.
A new section is added to chapter 43.30 RCW to read as follows:
JOBS
FOR THE ENVIRONMENT PROGRAMS. In any jobs for the
environment program designed to train and employ displaced natural resource
workers and operated by the department of natural resources, recipients of
temporary assistance for needy families from natural resource areas who are
engaged in work search activities are eligible for training and employment on
the same basis as displaced natural resource workers within available funds.
*Sec. 306 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 307. INDIVIDUAL
DEVELOPMENT ACCOUNTS. The department shall carry
out a program to fund individual development accounts established by recipients
eligible for assistance under the temporary assistance for needy families
program.
(1)
An individual development account may be established by or on behalf of a
recipient eligible for assistance provided under the temporary assistance for
needy families program operated under this title for the purpose of enabling
the recipient to accumulate funds for a qualified purpose described in
subsection (2) of this section.
(2)
A qualified purpose as described in this subsection is one or more of the
following, as provided by the qualified entity providing assistance to the
individual:
(a)
Postsecondary expenses paid from an individual development account directly to
an eligible educational institution;
(b)
Qualified acquisition costs with respect to a qualified principal residence for
a qualified first-time home buyer, if paid from an individual development
account directly to the persons to whom the amounts are due;
(c)
Amounts paid from an individual development account directly to a business
capitalization account which is established in a federally insured financial
institution and is restricted to use solely for qualified business
capitalization expenses.
(3)
A recipient may only contribute to an individual development account such
amounts as are derived from earned income, as defined in section 911(d)(2) of
the internal revenue code of 1986.
(4)
The department shall establish rules to ensure funds held in an individual
development account are only withdrawn for a qualified purpose as provided in
this section.
(5)
An individual development account established under this section shall be a
trust created or organized in the United States and funded through periodic
contributions by the establishing recipient and matched by or through a
qualified entity for a qualified purpose as provided in this section.
(6)
For the purpose of determining eligibility for any assistance provided under
this title, all funds in an individual development account under this section
shall be disregarded for such purpose with respect to any period during which
such individual maintains or makes contributions into such an account.
(7)
The department shall adopt rules authorizing the use of organizations using
microcredit and microenterprise approaches to assisting low-income families to
become financially self-sufficient.
(8)
The department shall adopt rules implementing the use of individual development
accounts by recipients of temporary assistance for needy families.
(9)
For the purposes of this section, "eligible educational institution,"
"postsecondary educational expenses," "qualified acquisition
costs," "qualified business," "qualified business
capitalization expenses," "qualified expenditures,"
"qualified first‑time home buyer," "date of
acquisition," "qualified plan," and "qualified principal
residence" include the meanings provided for them in P.L. 104‑193.
NEW
SECTION. Sec. 308.
EARNINGS DISREGARDS AND EARNED INCOME CUTOFFS. (1) In addition to their
monthly benefit payment, a family may earn and keep one-half of its earnings
during every month it is eligible to receive assistance under this section.
(2)
In no event may a family be eligible for temporary assistance for needy
families if its monthly gross earned income exceeds the maximum earned income
level as set by the department. In calculating a household's gross earnings,
the department shall disregard the earnings of a minor child who is:
(a)
A full-time student; or
(b)
A part-time student carrying at least half the normal school load and working
fewer than thirty-five hours per week.
Sec.
309. RCW
74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended
to read as follows:
For
the purposes of this title, unless the context indicates otherwise, the
following definitions shall apply:
(1)
"Public assistance" or "assistance"CPublic aid to persons in need thereof for any cause,
including services, medical care, assistance grants, disbursing orders, work
relief, general assistance and federal-aid assistance.
(2)
"Department"CThe
department of social and health services.
(3)
"County or local office"CThe
administrative office for one or more counties or designated service areas.
(4)
"Director" or "secretary" means the secretary of social and
health services.
(5)
"Federal-aid assistance"CThe
specific categories of assistance for which provision is made in any federal
law existing or hereafter passed by which payments are made from the federal
government to the state in aid or in respect to payment by the state for public
assistance rendered to any category of needy persons for which provision for
federal funds or aid may from time to time be made, or a federally administered
needs-based program.
(6)(a)
"General assistance"CAid to
persons in need who:
(i)
Are not eligible to receive federal-aid assistance, other than food stamps and
medical assistance; however, an individual who refuses or fails to cooperate in
obtaining federal-aid assistance, without good cause, is not eligible for
general assistance;
(ii)
Meet one of the following conditions:
(A)
Pregnant: PROVIDED, That need is based on the current income and resource
requirements of the federal ((aid to families with dependent children)) temporary
assistance for needy families program((: PROVIDED FURTHER, That during
any period in which an aid for dependent children employable program is not in
operation, only those pregnant women who are categorically eligible for
medicaid are eligible for general assistance)); or
(B)
Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by
reason of bodily or mental infirmity that will likely continue for a minimum of
ninety days as determined by the department.
(C)
Persons who are unemployable due to alcohol or drug addiction are not eligible
for general assistance. Persons receiving general assistance on July 26, 1987,
or becoming eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, shall be referred to appropriate assessment,
treatment, shelter, or supplemental security income referral services as
authorized under chapter 74.50 RCW. Referrals shall be made at the time of
application or at the time of eligibility review. Alcoholic and drug addicted
clients who are receiving general assistance on July 26, 1987, may remain on
general assistance if they otherwise retain their eligibility until they are
assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of
this section shall not be construed to prohibit the department from granting
general assistance benefits to alcoholics and drug addicts who are
incapacitated due to other physical or mental conditions that meet the
eligibility criteria for the general assistance program;
(iii)
Are citizens or aliens lawfully admitted for permanent residence or otherwise
residing in the United States under color of law; and
(iv)
Have furnished the department their social security account number. If the
social security account number cannot be furnished because it has not been
issued or is not known, an application for a number shall be made prior to
authorization of assistance, and the social security number shall be provided
to the department upon receipt.
(b)
Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this
section, general assistance shall be provided to the following recipients of
federal-aid assistance:
(i)
Recipients of supplemental security income whose need, as defined in this
section, is not met by such supplemental security income grant because of separation
from a spouse; or
(ii)
To the extent authorized by the legislature in the biennial appropriations act,
to recipients of ((aid to families with dependent children)) temporary
assistance for needy families whose needs are not being met because of a temporary
reduction in monthly income below the entitled benefit payment level caused by
loss or reduction of wages or unemployment compensation benefits or some other
unforeseen circumstances. The amount of general assistance authorized shall
not exceed the difference between the entitled benefit payment level and the
amount of income actually received.
(c)
General assistance shall be provided only to persons who are not members of
assistance units receiving federal aid assistance, except as provided in subsection
(6)(a)(ii)(A) and (b) of this section, and will accept available services which
can reasonably be expected to enable the person to work or reduce the need for
assistance unless there is good cause to refuse. Failure to accept such
services shall result in termination until the person agrees to cooperate in
accepting such services and subject to the following maximum periods of
ineligibility after reapplication:
(i)
First failure: One week;
(ii)
Second failure within six months: One month;
(iii)
Third and subsequent failure within one year: Two months.
(d)
Persons found eligible for general assistance based on incapacity from gainful
employment may, if otherwise eligible, receive general assistance pending
application for federal supplemental security income benefits. Any general
assistance that is subsequently duplicated by the person's receipt of
supplemental security income for the same period shall be considered a debt due
the state and shall by operation of law be subject to recovery through all
available legal remedies.
(e)
The department shall adopt by rule medical criteria for general assistance
eligibility to ensure that eligibility decisions are consistent with statutory
requirements and are based on clear, objective medical information.
(f)
The process implementing the medical criteria shall involve consideration of
opinions of the treating or consulting physicians or health care professionals
regarding incapacity, and any eligibility decision which rejects uncontroverted
medical opinion must set forth clear and convincing reasons for doing so.
(g)
Recipients of general assistance based upon a finding of incapacity from
gainful employment who remain otherwise eligible shall not have their benefits
terminated absent a clear showing of material improvement in their medical or
mental condition or specific error in the prior determination that found the
recipient eligible by reason of incapacitation. Recipients of general
assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits under the federal
((aid to families with dependent children)) temporary assistance for
needy families program shall not have their benefits terminated until the
end of the month in which the period of six weeks following the birth of the
recipient's child falls. Recipients of the federal ((aid to families with
dependent children)) temporary assistance for needy families program
who lose their eligibility solely because of the birth and relinquishment of
the qualifying child may receive general assistance through the end of the
month in which the period of six weeks following the birth of the child falls.
(7)
"Applicant"CAny
person who has made a request, or on behalf of whom a request has been made, to
any county or local office for assistance.
(8)
"Recipient"CAny
person receiving assistance and in addition those dependents whose needs are
included in the recipient's assistance.
(9)
"Standards of assistance"CThe
level of income required by an applicant or recipient to maintain a level of
living specified by the department.
(10)
"Resource"CAny
asset, tangible or intangible, owned by or available to the applicant at the
time of application, which can be applied toward meeting the applicant's need,
either directly or by conversion into money or its equivalent: PROVIDED, That
an applicant may retain the following described resources and not be ineligible
for public assistance because of such resources.
(a)
A home, which is defined as real property owned and used by an applicant or
recipient as a place of residence, together with a reasonable amount of
property surrounding and contiguous thereto, which is used by and useful to the
applicant. Whenever a recipient shall cease to use such property for
residential purposes, either for himself or his dependents, the property shall
be considered as a resource which can be made available to meet need, and if
the recipient or his dependents absent themselves from the home for a period of
ninety consecutive days such absence, unless due to hospitalization or health
reasons or a natural disaster, shall raise a rebuttable presumption of
abandonment: PROVIDED, That if in the opinion of three physicians the
recipient will be unable to return to the home during his lifetime, and the
home is not occupied by a spouse or dependent children or disabled sons or
daughters, such property shall be considered as a resource which can be made
available to meet need.
(b)
Household furnishings and personal effects and other personal property having
great sentimental value to the applicant or recipient, as limited by the
department consistent with limitations on resources and exemptions for federal
aid assistance.
(c)
A motor vehicle, other than a motor home, used and useful having an equity
value not to exceed ((one)) five thousand ((five hundred))
dollars.
(d)
A motor vehicle necessary to transport a physically disabled household
member. This exclusion is limited to one vehicle per physically disabled
person.
(e)
All other resources, including any excess of values exempted, not to exceed one
thousand dollars or other limit as set by the department, to be consistent with
limitations on resources and exemptions necessary for federal aid assistance. The
department shall also allow recipients of temporary assistance for needy
families to exempt savings accounts with combined balances of up to an
additional three thousand dollars.
(((e)))
(f) Applicants for or recipients of general assistance shall have their
eligibility based on resource limitations consistent with the ((aid to
families with dependent children)) temporary assistance for needy
families program rules adopted by the department.
(((f)))
(g) If an applicant for or recipient of public assistance possesses
property and belongings in excess of the ceiling value, such value shall be
used in determining the need of the applicant or recipient, except that: (i)
The department may exempt resources or income when the income and resources are
determined necessary to the applicant's or recipient's restoration to
independence, to decrease the need for public assistance, or to aid in
rehabilitating the applicant or recipient or a dependent of the applicant or
recipient; and (ii) the department may provide grant assistance for a period
not to exceed nine months from the date the agreement is signed pursuant to this
section to persons who are otherwise ineligible because of excess real property
owned by such persons when they are making a good faith effort to dispose of
that property: PROVIDED, That:
(A)
The applicant or recipient signs an agreement to repay the lesser of the amount
of aid received or the net proceeds of such sale;
(B)
If the owner of the excess property ceases to make good faith efforts to sell
the property, the entire amount of assistance may become an overpayment and a
debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C)
Applicants and recipients are advised of their right to a fair hearing and
afforded the opportunity to challenge a decision that good faith efforts to
sell have ceased, prior to assessment of an overpayment under this section; and
(D)
At the time assistance is authorized, the department files a lien without a sum
certain on the specific property.
(11)
"Income"C(a) All
appreciable gains in real or personal property (cash or kind) or other assets,
which are received by or become available for use and enjoyment by an applicant
or recipient during the month of application or after applying for or receiving
public assistance. The department may by rule and regulation exempt income
received by an applicant for or recipient of public assistance which can be
used by him to decrease his need for public assistance or to aid in
rehabilitating him or his dependents, but such exemption shall not, unless
otherwise provided in this title, exceed the exemptions of resources granted
under this chapter to an applicant for public assistance. In determining the
amount of assistance to which an applicant or recipient of ((aid to families
with dependent children)) temporary assistance for needy families is
entitled, the department is hereby authorized to disregard as a resource or
income the earned income exemptions consistent with federal requirements. The
department may permit the above exemption of earnings of a child to be retained
by such child to cover the cost of special future identifiable needs even
though the total exceeds the exemptions or resources granted to applicants and
recipients of public assistance, but consistent with federal requirements. In
formulating rules and regulations pursuant to this chapter, the department
shall define income and resources and the availability thereof, consistent with
federal requirements. All resources and income not specifically exempted, and
any income or other economic benefit derived from the use of, or appreciation
in value of, exempt resources, shall be considered in determining the need of
an applicant or recipient of public assistance.
(b)
If, under applicable federal requirements, the state has the option of
considering property in the form of lump sum compensatory awards or related
settlements received by an applicant or recipient as income or as a resource,
the department shall consider such property to be a resource.
(12)
"Need"CThe
difference between the applicant's or recipient's standards of assistance for
himself and the dependent members of his family, as measured by the standards
of the department, and value of all nonexempt resources and nonexempt income
received by or available to the applicant or recipient and the dependent
members of his family.
(13)
For purposes of determining eligibility for public assistance and participation
levels in the cost of medical care, the department shall exempt restitution
payments made to people of Japanese and Aleut ancestry pursuant to the Civil
Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act
passed by congress, P.L. 100‑383, including all income and resources
derived therefrom.
(14)
In the construction of words and phrases used in this title, the singular
number shall include the plural, the masculine gender shall include both the
feminine and neuter genders and the present tense shall include the past and
future tenses, unless the context thereof shall clearly indicate to the contrary.
NEW
SECTION. Sec. 310.
NONCUSTODIAL PARENTS IN WORK PROGRAMS. The department may provide Washington
WorkFirst activities or make cross-referrals to existing programs to qualifying
noncustodial parents of children receiving temporary assistance for needy
families who are unable to meet their child support obligations. Services
authorized under this section shall be provided within available funds.
NEW
SECTION. Sec. 311.
DEFINITIONS. Unless the context clearly requires otherwise, as used in this chapter,
"work activity" means:
(1)
Unsubsidized paid employment in the private or public sector;
(2)
Subsidized paid employment in the private or public sector;
(3)
Work experience, including work associated with the refurbishing of publicly
assisted housing, if sufficient paid employment is not available;
(4)
On-the-job training;
(5)
Job search and job readiness assistance;
(6)
Community service programs;
(7)
Vocational educational training, not to exceed twelve months with respect to
any individual;
(8)
Job skills training directly related to employment;
(9)
Education directly related to employment, in the case of a recipient who has
not received a high school diploma or a GED;
(10)
Satisfactory attendance at secondary school or in a course of study leading to
a GED, in the case of a recipient who has not completed secondary school or
received such a certificate;
(11)
The provision of child care services to an individual who is participating in a
community service program; and
(12)
Services required by the recipient under RCW 74.08.025(3) and 74.--.---(3)
(section 103(3) of this act) to become employable.
*NEW
SECTION. Sec. 312.
JOB SEARCH OR WORK ACTIVITY.
(1) There is established in the department the Washington WorkFirst program.
The department shall administer the program consistent with the temporary
assistance for needy families provisions of P.L. 104-193. In operating the
WorkFirst program the department shall meet the minimum work participation
rates specified in federal law, and shall require recipients of assistance to
engage in job search and work activities as an ongoing condition of
eligibility.
(2)
Upon application to the temporary assistance for needy families program, each
recipient shall be placed in the job search component. For recipients who have
been approved for assistance before the effective date of this section, the job
search component shall be completed no later than one hundred eighty days after
the effective date of this section.
(3)
The Washington WorkFirst program shall include a job search component in which
each nonexempt recipient of temporary assistance for needy families shall
participate. The job search component may not last more than four weeks for
each recipient. Each recipient shall be required to attend job search
component activities at least thirty-six hours per week. Failure to
participate in the job search component shall result in sanctions under section
313 of this act. The job search component shall serve as the assessment tool
to comply with federal law. If a recipient fails to find paid employment
during the job search component, the department may refer the recipient to
those work activities that are directly related to improving the recipient's
employability.
(4)
As used in this section, "job search component" means an activity in
which nonexempt recipients engage each weekday upon entering the Washington
WorkFirst program. The component shall provide at least three hours per
weekday of classroom instruction on how to secure a job and at least three
hours per weekday of individual job search activities.
*Sec. 312 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 313.
PLACEMENT INTO WORK ACTIVITY. Recipients who have not
obtained paid, unsubsidized employment by the end of the job search component
authorized in section 312 of this act shall be referred to a work activity.
(1)
Each recipient shall be assessed immediately upon completion of the job search
component. Assessments shall be based upon factors that are critical to
obtaining employment, including but not limited to education, employment
strengths, and employment history. Assessments may be performed by the
department or by a contracted entity. The assessment shall be based on a
uniform, consistent, transferable format that will be accepted by all agencies
and organizations serving the recipient. Based on the assessment, an
individual responsibility plan shall be prepared that: (a) Sets forth an
employment goal and a plan for moving the recipient immediately into
employment; (b) contains the obligation of the recipient to become and remain
employed; (c) moves the recipient into whatever employment the recipient is
capable of handling as quickly as possible; and (d) describes the services
available to the recipient to enable the recipient to obtain and keep
employment.
(2)
Recipients who are not engaged in work and work activities, and do not qualify
for a good cause exemption under section 314 of this act, shall engage in self‑directed
service as provided in section 326 of this act.
(3)
If a recipient refuses to engage in work and work activities required by the
department, the family's grant shall be reduced by the recipient's share, and
may, if the department determines it appropriate, be terminated.
(4)
The department may waive the penalties required under subsection (3) of this
section, subject to a finding that the recipient refused to engage in work for
good cause provided in section 314 of this act.
(5)
In implementing this section, the department shall assign the highest priority
to the most employable clients, including adults in two-parent families and
parents in single-parent families that include older preschool or school age children
to be engaged in work activities.
(6)
In consultation with the recipient, the department or contractor shall place
the recipient into a work activity that is available in the local area where
the recipient resides.
NEW
SECTION. Sec. 314. GOOD
CAUSE. Good cause reasons for failure to participate in WorkFirst program
components include: (1) Situations where the recipient is a parent or other
relative personally providing care for a child under the age of six years, and
formal or informal child care, or day care for an incapacitated individual
living in the same home as a dependent child, is necessary for an individual to
participate or continue participation in the program or accept employment, and
such care is not available, and the department fails to provide such care; or
(2) until June 30, 1999, if the recipient is a parent with a child under the
age of one year. A parent may only receive this exemption for a total of
twelve months, which may be consecutive or nonconsecutive; or (3) after June
30, 1999, if the recipient is a parent with a child under three months of age.
NEW
SECTION. Sec. 315.
WORKFIRST--GOALS--CONTRACTS--SERVICE AREAS--PLANS. (1) The legislature finds
that moving those eligible for assistance to self-sustaining employment is a
goal of the WorkFirst program. It is the intent of WorkFirst to aid a
participant's progress to self-sufficiency by allowing flexibility within the
state-wide program to reflect community resources, the local characteristics of
the labor market, and the composition of the caseload. Program success will be
enhanced through effective coordination at regional and local levels, involving
employers, labor representatives, educators, community leaders, local
governments, and social service providers.
(2)
The department, through its regional offices, shall collaborate with employers,
recipients, frontline workers, educational institutions, labor, private
industry councils, the work force training and education coordinating board,
community rehabilitation employment programs, employment and training agencies,
local governments, the employment security department, and community action
agencies to develop work programs that are effective and work in their
communities. For planning purposes, the department shall collect and make
accessible to regional offices successful work program models from around the
United States, including the employment partnership program, apprenticeship
programs, microcredit, microenterprise, self‑employment, and W‑2
Wisconsin works. Work programs shall incorporate local volunteer citizens in
their planning and implementation phases to ensure community relevance and
success.
(3)
To reduce administrative costs and to ensure equal state-wide access to
services, the department may develop contracts for state-wide welfare-to-work
services. These state-wide contracts shall support regional flexibility and
ensure that resources follow local labor market opportunities and recipients' needs.
(4)
The secretary shall establish WorkFirst service areas for purposes of planning
WorkFirst programs and for distributing WorkFirst resources. Service areas
shall reflect department regions.
(5)
By July 31st of each odd-numbered year, a plan for the WorkFirst program shall
be developed for each region. The plan shall be prepared in consultation with
local and regional sources, adapting the state-wide WorkFirst program to
achieve maximum effect for the participants and the communities within which
they reside. Local consultation shall include to the greatest extent possible
input from local and regional planning bodies for social services and work
force development. The regional and local administrator shall consult with
employers of various sizes, labor representatives, training and education
providers, program participants, economic development organizations, community
organizations, tribes, and local governments in the preparation of the service
area plan.
(6)
The secretary has final authority in plan approval or modification. Regional
program implementation may deviate from the state-wide program if specified in
a service area plan, as approved by the secretary.
NEW
SECTION. Sec. 316. WORK
PROGRAM CONTRACTS. (1) It is the intent of the legislature that the department
is authorized to engage in competitive contracting using performance-based
contracts to provide all work activities authorized in chapter . . .,
Laws of 1997 (this act), including the job search component authorized in
section 312 of this act.
(2)
The department may use competitive performance-based contracting to select
which vendors will participate in the WorkFirst program. Performance-based
contracts shall be awarded based on factors that include but are not limited to
the criteria listed in section 702 of this act, past performance of the
contractor, demonstrated ability to perform the contract effectively, financial
strength of the contractor, and merits of the proposal for services submitted
by the contractor. Contracts shall be made without regard to whether the
contractor is a public or private entity.
(3)
The department may contract for an evaluation of the competitive contracting
practices and outcomes to be performed by an independent entity with expertise
in government privatization and competitive strategies. The evaluation shall
include quarterly progress reports to the fiscal committees of the legislature
and to the governor, starting at the first quarter after the effective date of
the first competitive contract and ending two years after the effective date of
the first competitive contract.
(4)
The department shall seek independent assistance in developing contracting
strategies to implement this section. Assistance may include but is not
limited to development of contract language, design of requests for proposal,
developing full cost information on government services, evaluation of bids,
and providing for equal competition between private and public entities.
NEW
SECTION. Sec. 317.
PLACEMENT BONUSES. In the case of service providers that are not public
agencies, initial placement bonuses of no greater than five hundred dollars may
be provided by the department for service entities responsible for placing
recipients in an unsubsidized job for a minimum of twelve weeks, and the
following additional bonuses shall also be provided:
(1)
A percent of the initial bonus if the job pays double the minimum wage;
(2)
A percent of the initial bonus if the job provides health care;
(3)
A percent of the initial bonus if the job includes employer-provided child care
needed by the recipient; and
(4)
A percent of the initial bonus if the recipient is continuously employed for
two years.
*NEW
SECTION. Sec. 318.
No collective bargaining agreement may be
entered into, extended, or renewed after the effective date of this section
that prevents or restricts the authority of the department of social and health
services to exercise the powers granted under sections 312 through 317 of this
act and RCW 74.04.050.
*Sec. 318 was vetoed. See message at end of chapter.
*Sec.
319.
RCW 74.04.050 and 1981 1st ex.s. c 6 s 3 are each amended to read as follows:
(1)
The department shall serve as the single state agency to administer public
assistance. The department is hereby empowered and authorized to cooperate in
the administration of such federal laws, consistent with the public assistance
laws of this state, as may be necessary to qualify for federal funds for:
(((1)))
(a) Medical assistance;
(((2)
Aid to dependent children)) (b) Temporary assistance for needy families;
(((3)))
(c) Child welfare services; and
(((4)))
(d) Any other programs of public assistance for which provision for
federal grants or funds may from time to time be made.
(2)
The state hereby accepts and assents to all the present provisions of the
federal law under which federal grants or funds, goods, commodities and
services are extended to the state for the support of programs administered by
the department, and to such additional legislation as may subsequently be
enacted as is not inconsistent with the purposes of this title, authorizing
public welfare and assistance activities. The provisions of this title shall
be so administered as to conform with federal requirements with respect to
eligibility for the receipt of federal grants or funds.
The
department shall periodically make application for federal grants or funds and
submit such plans, reports and data, as are required by any act of congress as
a condition precedent to the receipt of federal funds for such assistance. The
department shall make and enforce such rules and regulations as shall be
necessary to insure compliance with the terms and conditions of such federal
grants or funds.
(3)
The department may contract with public and private entities for administrative
services for the following programs and functions: (a) Temporary assistance
for needy families; (b) general assistance; (c) refugee services; (d)
facilitation of eligibility for federal supplemental security income benefits;
(e) medical assistance eligibility; and (f) food stamps.
*Sec. 319 was vetoed. See message at end of chapter.
*Sec.
320.
RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:
(1)
Nothing contained in this chapter shall prohibit any department, as defined in
RCW 41.06.020, from purchasing services by contract with individuals or
business entities if such services were regularly purchased by valid contract
by such department prior to April 23, 1979: PROVIDED, That no such contract
may be executed or renewed if it would have the effect of terminating
classified employees or classified employee positions existing at the time of
the execution or renewal of the contract.
(2)
Nothing in this chapter shall be construed to prohibit the department of social
and health services from carrying out the provisions of sections 312 through
318 of this act and RCW 74.04.050.
*Sec. 320 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 321.
FUNDING RESTRICTIONS. The department of social
and health services shall operate the Washington WorkFirst program authorized
under sections 301, 302, 307, 308, 310 through 318, 323 through 326, and 401
through 403 of this act, RCW 74.13.0903 and 74.25.040, and chapter 74.12 RCW
within the following constraints:
(1)
The full amount of the temporary assistance for needy families block grant, plus
qualifying state expenditures as appropriated in the biennial operating budget,
shall be appropriated to the department each year in the biennial
appropriations act to carry out the provisions of the program authorized in
sections 301, 302, 307, 308, 310 through 318, 323 through 326, and 401 through
403 of this act, RCW 74.13.0903 and 74.25.040, and chapter 74.12 RCW.
(2)
The department may expend funds defined in subsection (1) of this section in
any manner that will effectively accomplish the outcome measures defined in
section 702 of this act. No more than fifteen percent of the amount provided
in subsection (1) of this section may be spent for administrative purposes.
For the purpose of this subsection, "administrative purposes" does not
include expenditures for information technology and computerization needed for
tracking and monitoring required by P.L. 104-193. The department shall not
increase grant levels to recipients of the program authorized in sections 301,
302, 307, 308, 310 through 318, and 323 through 326 of this act and chapter
74.12 RCW.
(3)
The department shall implement strategies that accomplish the outcome measures
identified in section 702 of this act that are within the funding constraints
in this section. Specifically, the department shall implement strategies that
will cause the number of cases in the program authorized in sections 301, 302,
307, 308, 310 through 318, and 323 through 326 of this act and chapter 74.12
RCW to decrease by at least fifteen percent during the 1997-99 biennium and by
at least five percent in the subsequent biennium. The department may transfer
appropriation authority between funding categories within the economic services
program in order to carry out the requirements of this subsection.
(4)
The department shall monitor expenditures against the appropriation levels
provided for in subsection (1) of this section. The department shall quarterly
make a determination as to whether expenditure levels will exceed available
funding and communicate its finding to the legislature. If the determination
indicates that expenditures will exceed funding at the end of the fiscal year,
the department shall take all necessary actions to ensure that all services
provided under this chapter shall be made available only to the extent of the
availability and level of appropriation made by the legislature.
NEW
SECTION. Sec. 322. The
following acts or parts of acts are each repealed:
(1)
RCW 74.25.010 and 1994 c 299 s 6 &
1991 c 126 s 5;
(2)
RCW 74.25.020 and 1993 c 312 s 7, 1992 c
165 s 3, & 1991 c 126 s 6;
(3)
RCW 74.25.030 and 1991 c 126 s 7;
(4)
RCW 74.25.900 and 1991 c 126 s 8; and
(5)
RCW 74.25.901 and 1991 c 126 s 9.
NEW
SECTION. Sec. 323. A
new section is added to chapter 43.330 RCW to read as follows:
ENTREPRENEURIAL
ASSISTANCE‑-DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT.
(1) The department shall ensure that none of its rules or practices act to
exclude recipients of temporary assistance for needy families from any small
business loan opportunities or entrepreneurial assistance it makes available
through its community development block grant program or otherwise provides
using state or federal resources. The department shall encourage local
administrators of microlending programs using public funds to conduct outreach
activities to encourage recipients of temporary assistance for needy families
to explore self-employment as an option. The department shall compile
information on private and public sources of entrepreneurial assistance and
loans for start-up businesses and provide the department of social and health
services with the information for dissemination to recipients of temporary
assistance for needy families.
(2)
The department shall, as part of its industrial recruitment efforts, work with
the work force training and education coordinating board to identify the skill
sets needed by companies locating in the state. The department shall provide
the department of social and health services with the information about the
companies' needs in order that recipients of public assistance and service
providers assisting such recipients through training and placement programs may
be informed and respond accordingly. The department shall work with the state
board for community and technical colleges, the job skills program, the
employment security department, and other employment and training programs to
facilitate the inclusion of recipients of temporary assistance for needy
families in relevant training that would make them good employees for recruited
firms.
(3)
The department shall perform the duties under this section within available
funds.
NEW
SECTION. Sec. 324. JOB
ASSISTANCE‑-DEPARTMENT OF SOCIAL AND HEALTH SERVICES. The department
shall:
(1)
Notify recipients of temporary assistance for needy families that
self-employment is one method of leaving state assistance. The department
shall provide its regional offices, recipients of temporary assistance for
needy families, and any contractors providing job search, training, or
placement services notification of programs available in the state for
entrepreneurial training, technical assistance, and loans available for
start-up businesses;
(2)
Provide recipients of temporary assistance for needy families and service
providers assisting such recipients through training and placement programs
with information it receives about the skills and training required by firms
locating in the state;
(3)
Encourage recipients of temporary assistance for needy families that are in
need of basic skills to seek out programs that integrate basic skills training
with occupational training and workplace experience.
NEW
SECTION. Sec. 325. WAGE
SUBSIDY PROGRAM. The department shall establish a wage subsidy program for
recipients of temporary assistance for needy families. The department shall
give preference in job placements to private sector employers that have agreed
to participate in the wage subsidy program. The department shall identify
characteristics of employers who can meet the employment goals stated in
section 702 of this act. The department shall use these characteristics in
identifying which employers may participate in the program. The department
shall adopt rules for the participation of recipients of temporary assistance
for needy families in the wage subsidy program. Participants in the program
established under this section may not be employed if: (1) The employer has
terminated the employment of any current employee or otherwise caused an
involuntary reduction of its work force in order to fill the vacancy so created
with the participant; or (2) the participant displaces or partially displaces
current employees. Employers providing positions created under this section
shall meet the requirements of chapter 49.46 RCW. This section shall not
diminish or result in the infringement of obligations or rights under chapters
41.06, 41.56, and 49.36 RCW and the national labor relations act, 29 U.S.C. Ch.
7. The department shall establish such local and state‑wide advisory
boards, including business and labor representatives, as it deems appropriate
to assist in the implementation of the wage subsidy program. Once the
recipient is hired, the wage subsidy shall be authorized for up to nine months.
NEW
SECTION. Sec. 326.
COMMUNITY SERVICE PROGRAM. The department shall establish the community
service program to provide the experience of work for recipients of public
assistance. The program is intended to promote a strong work ethic for
participating public assistance recipients. Under this program, public
assistance recipients are required to volunteer to work for charitable
nonprofit organizations and public agencies, or engage in another activity
designed to benefit the recipient, the recipient's family, or the recipient's
community, as determined by the department on a case-by-case basis.
Participants in a community service or work experience program established by
this chapter are deemed employees for the purpose of chapter 49.17 RCW. The
cost of premiums under Title 51 RCW shall be paid for by the department for
participants in a community service or work experience program. Participants
in a community service or work experience program may not be placed if: (1) An
employer has terminated the employment of any current employee or otherwise
caused an involuntary reduction of its work force in order to fill the vacancy
so created with the participant; or (2) the participant displaces or partially
displaces current employees.
Sec.
327. RCW
74.12A.020 and 1993 c 312 s 8 are each amended to read as follows:
The
department ((may)) shall provide grants to community action
agencies or other local nonprofit organizations to provide job opportunities
and basic skills training program participants with transitional support
services, one-to-one assistance, case management, and job retention
services.
*NEW
SECTION. Sec. 328.
A new section is added to chapter 74.12 RCW to read as follows:
A
grant provided under the temporary assistance for needy families program shall
be provided on a pro rata basis to the extent the recipient complies with
mandated work and work activity requirements.
*Sec. 328 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 329.
A new section is added to chapter 74.12 RCW to read as follows:
In
determining eligibility for the temporary assistance for needy families program
of an assistance unit under this title, if a household member is excluded from
an assistance unit based on residency, alienage, or citizenship of the
household member, the department shall allocate the full amount of the
household's income to the assistance unit without deducting an amount for the
support of the household member.
*Sec. 329 was vetoed. See message at end of chapter.
IV.
CHILD CARE
NEW
SECTION. Sec. 401. The
legislature finds that informed choice is consistent with individual
responsibility and that parents should be given a range of options for
available child care while participating in the program.
*NEW
SECTION. Sec. 402.
CHILD CARE. (1) Within available funds,
the department shall administer a single, integrated child care program which
may serve families with incomes up to one hundred seventy-five percent of the
federal poverty level.
(2)
All families participating in the child care program shall have equal access to
the child care of their choice. However, the child care providers must comply
with applicable licensing rules if they are required by law to comply with
those rules.
(3)
The minimum copayment per family shall be at least ten dollars per month.
Child care shall be provided on a sliding scale but may not be provided for any
family whose income equals or exceeds one hundred seventy-five percent of the
federal poverty level adjusted for family size on an annual income basis. For
families with income between seventy-four and one hundred percent of the
federal poverty level adjusted for family size, the monthly child care
copayment shall be thirty percent of earned income in excess of seventy-four
percent of federal poverty level adjusted for family size. For families with
income at or above one hundred percent of the federal poverty level adjusted
for family size, the copay shall be a minimum of one hundred dollars per
month. For families with income between one hundred one and one hundred thirty
percent of the federal poverty level adjusted for family size, the monthly
copay shall be twenty-nine percent of earned income in excess of seventy-four
percent of the federal poverty level adjusted for family size. For families
with income between one hundred thirty-one and one hundred seventy-five percent
of the federal poverty level adjusted for family size, the copay shall be fifty
percent of earned income above one hundred percent of the federal poverty level
adjusted for family size.
(4)
All compensable child care services authorized in this section shall be paid
for through vouchers. Vouchers shall be provided to recipients and may only be
used to purchase child care through the program created in this section.
*Sec. 402 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 403. (1)
The legislature finds that to comply with P.L. 104-193 section 407(e)(2),
Washington is obligated to provide appropriate and affordable child care for
recipients of temporary assistance for needy families. To comply with this
federal requirement and to avoid possible fiscal sanctions, the legislature
intends to determine what constitutes affordable, accessible child care in
Washington.
(2)
The Washington institute for public policy shall conduct a study of reasonable,
affordable child care subsidy rates that are realistic for low-income working
families. The institute for public policy shall review child care subsidy
rates in use in other jurisdictions and shall model the economic impact of
child care subsidy rates on low-income families. The institute for public
policy shall report its findings and recommendations to the legislature no
later than December 15, 1997.
Sec.
404. RCW
74.13.0903 and 1993 c 453 s 2 are each amended to read as follows:
The
office of child care policy is established to operate under the authority of
the department of social and health services. The duties and responsibilities
of the office include, but are not limited to, the following, within
appropriated funds:
(1)
Staff and assist the child care coordinating committee in the implementation of
its duties under RCW 74.13.090;
(2)
Work in conjunction with the state-wide child care resource and referral
network as well as local governments, nonprofit organizations, businesses, and
community child care advocates to create local child care resource and referral
organizations. These organizations may carry out needs assessments, resource
development, provider training, technical assistance, and parent information
and training;
(3)
Actively seek public and private money for distribution as grants to the
state-wide child care resource and referral network and to existing or
potential local child care resource and referral organizations;
(4)
Adopt rules regarding the application for and distribution of grants to local
child care resource and referral organizations. The rules shall, at a minimum,
require an applicant to submit a plan for achieving the following objectives:
(a)
Provide parents with information about child care resources, including location
of services and subsidies;
(b)
Carry out child care provider recruitment and training programs, including
training under RCW 74.25.040;
(c)
Offer support services, such as parent and provider seminars, toy-lending
libraries, and substitute banks;
(d)
Provide information for businesses regarding child care supply and demand;
(e)
Advocate for increased public and private sector resources devoted to child
care; ((and))
(f)
Provide technical assistance to employers regarding employee child care
services; and
(g)
Serve recipients of temporary assistance for needy families and working parents
with incomes at or below household incomes of one hundred seventy-five percent
of the federal poverty line;
(5)
Provide staff support and technical assistance to the state-wide child care
resource and referral network and local child care resource and referral
organizations;
(6)
Maintain a state-wide child care licensing data bank and work with department
of social and health services licensors to provide information to local child
care resource and referral organizations about licensed child care providers in
the state;
(7)
Through the state-wide child care resource and referral network and local
resource and referral organizations, compile data about local child care needs and
availability for future planning and development;
(8)
Coordinate with the state-wide child care resource and referral network and
local child care resource and referral organizations for the provision of
training and technical assistance to child care providers; and
(9)
Collect and assemble information regarding the availability of insurance and of
federal and other child care funding to assist state and local agencies,
businesses, and other child care providers in offering child care services.
Sec.
405. RCW
74.25.040 and 1994 c 299 s 8 are each amended to read as follows:
(1)
Recipients of ((aid to families with dependent children)) temporary
assistance for needy families who are ((not)) employed or
participating in ((an education or work training program)) a work
activity under section 312 of this act may volunteer ((to)) or
work in a licensed child care facility((, or other willing volunteer work
site)). Licensed child care facilities participating in this effort shall
provide care for the recipient's children and provide for the development of
positive child care skills.
(2)
The department shall train two hundred fifty recipients of temporary assistance
for needy families to become family child care providers or child care center
teachers. The department shall offer the training in rural and urban
communities. The department shall adopt rules to implement the child care
training program in this section.
(3)
Recipients trained under this section shall provide child care services to
clients of the department for two years following the completion of their child
care training.
V.
TEEN PARENTS
A.
PERMISSIBLE LIVING SITUATIONS
Sec.
501. RCW
74.12.255 and 1994 c 299 s 33 are each amended to read as follows:
(1)
The department shall determine, after consideration of all relevant factors and
in consultation with the applicant, the most appropriate living situation for
applicants under eighteen years of age, unmarried, and either pregnant or
having a dependent child or children in the applicant's care. An appropriate
living situation((s)) shall include a place of residence that is
maintained by the applicant's parents, parent, legal guardian, or other
adult relative as their or his or her own home((, or other)) and
that the department finds would provide an appropriate supportive living
arrangement ((supervised by an adult where feasible and consistent with
federal regulations under 45 C.F.R. chapter II, section 233.107)). It
also includes a living situation maintained by an agency that is licensed under
chapter 74.15 RCW that the department finds would provide an appropriate
supportive living arrangement. Grant assistance shall not be provided under
this chapter if the applicant does not reside in the most appropriate living
situation, as determined by the department.
(2)
((An applicant under eighteen years of age who is either pregnant or has a
dependent child and is not living in a situation described in subsection (1) of
this section shall be)) An unmarried minor parent or pregnant minor
applicant residing in the most appropriate living situation, as provided under
subsection (1) of this section, is presumed to be unable to manage
adequately the funds paid to the minor or on behalf of the dependent
child or children and, unless the ((teenage custodial parent
demonstrates otherwise)) minor provides sufficient evidence to rebut the
presumption, shall be subject to the protective payee requirements provided
for under RCW 74.12.250 and 74.08.280.
(3)
The department shall consider any statements or opinions by either parent of
the ((teen recipient)) unmarried minor parent or pregnant minor
applicant as to an appropriate living situation for the ((teen)) minor
and his or her children, whether in the parental home or other situation.
If the parents or a parent of the ((teen head of household applicant for
assistance)) minor request, they or he or she shall be
entitled to a hearing in juvenile court regarding ((the fitness and
suitability of their home as the top priority choice)) designation of
the parental home or other relative placement as the most appropriate living
situation for the pregnant or parenting ((teen applicant for assistance))
minor.
The
department shall provide the parents ((shall have)) or parent
with the opportunity to make a showing((, based on the preponderance of
the evidence,)) that the parental home, or home of the other relative
placement, is the most appropriate living situation. It shall be
presumed in any administrative or judicial proceeding conducted under this
subsection that the parental home or other relative placement requested by the
parents or parent is the most appropriate living situation. This presumption
is rebuttable.
(4)
In cases in which the ((head of household is under eighteen years of age,))
minor is unmarried((,)) and unemployed, ((and requests
information on adoption,)) the department shall, as part of the
determination of the appropriate living situation, make an affirmative
effort to provide current and positive information about adoption
including referral to community-based organizations for counseling and
provide information about the manner in which adoption works, its benefits for
unmarried, unemployed minor parents and their children, and the meaning and
availability of open adoption.
(5)
For the purposes of this section, "most appropriate living situation"
shall not include a living situation including an adult male who fathered the
qualifying child and is found to meet the elements of rape of a child as set
forth in RCW 9A.44.079.
Sec.
502. RCW
74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:
(1)
The department shall determine, after consideration of all relevant factors and
in consultation with the applicant, the most appropriate living situation for
applicants under eighteen years of age, unmarried, and pregnant who are
eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). An
appropriate living situation((s)) shall include a place of residence
that is maintained by the applicant's parents, parent, legal
guardian, or other adult relative as their or his or her own home((,
or other)) and that the department finds would provide an
appropriate supportive living arrangement ((supervised by an adult where
feasible and consistent with federal regulations under 45 C.F.R. chapter II,
section 233.107)). It also includes a living situation maintained by an
agency that is licensed under chapter 74.15 RCW that the department finds would
provide an appropriate supportive living arrangement. Grant assistance shall
not be provided under this chapter if the applicant does not reside in the most
appropriate living situation, as determined by the department.
(2)
((An applicant under eighteen years of age who is pregnant and is not living
in a situation described in subsection (1) of this section shall be)) A
pregnant minor residing in the most appropriate living situation, as provided
under subsection (1) of this section, is presumed to be unable to manage
adequately the funds paid to the minor or on behalf of the dependent
child or children and, unless the ((teenage custodial parent
demonstrates otherwise)) minor provides sufficient evidence to rebut the
presumption, shall be subject to the protective payee requirements provided
for under RCW 74.12.250 and 74.08.280.
(3)
The department shall consider any statements or opinions by either parent of
the ((teen recipient)) unmarried minor parent or pregnant minor
applicant as to an appropriate living situation for the ((teen)) minor,
whether in the parental home or other situation. If the parents or a parent
of the ((teen head of household applicant for assistance)) minor
request, they or he or she shall be entitled to a hearing in juvenile
court regarding ((the fitness and suitability of their home as the top priority
choice)) designation of the parental home or other relative placement as
the most appropriate living situation for the pregnant or parenting ((teen
applicant for assistance)) minor.
The
department shall provide the parents ((shall have)) or parent with
the opportunity to make a showing((, based on the preponderance of the
evidence,)) that the parental home, or home of the other relative
placement, is the most appropriate living situation. It shall be
presumed in any administrative or judicial proceeding conducted under this
subsection that the parental home or other relative placement requested by the
parents or parent is the most appropriate living situation. This presumption
is rebuttable.
(4)
In cases in which the ((head of household is under eighteen years of age,))
minor is unmarried((,)) and unemployed, ((and requests
information on adoption,)) the department shall, as part of the
determination of the appropriate living situation, provide information about
adoption including referral to community-based organizations ((for)) providing
counseling.
(5)
For the purposes of this section, "most appropriate living situation"
shall not include a living situation including an adult male who fathered the
qualifying child and is found to meet the elements of rape of a child as set
forth in RCW 9A.44.079.
NEW
SECTION. Sec. 503. TEEN
PARENT REQUIREMENTS. All applicants under the age of eighteen years who are
approved for assistance and, within one hundred eighty days after the date of
federal certification of the Washington temporary assistance for needy families
program, all unmarried minor parents or pregnant minor applicants shall, as a
condition of receiving benefits, actively progress toward the completion of a
high school diploma or a GED.
B.
GRANDPARENT LIABILITY
*NEW
SECTION. Sec. 504.
UNMARRIED MINOR PARENT--ELIGIBILITY.
The unmarried minor parent and the minor's child shall be considered to be part
of the household of the minor's parents or parent for purposes of determining
eligibility for temporary assistance for needy families and general assistance
for pregnant women as defined in RCW 74.04.005(6)(a)(ii)(A); and as such, the
income and resources of the entire household are considered to be available to
support the unmarried minor and his or her child.
*Sec. 504 was vetoed. See message at end of chapter.
Sec.
505. RCW
13.34.160 and 1993 c 358 s 2 are each amended to read as follows:
(1)
In an action brought under this chapter, the court may inquire into the ability
of the parent or parents of the child to pay child support and may enter an
order of child support as set forth in chapter 26.19 RCW. The court may
enforce the same by execution, or in any way in which a court of equity may
enforce its decrees. All child support orders entered pursuant to this chapter
shall be in compliance with the provisions of RCW 26.23.050.
(2)
For purposes of this section, if a dependent child's parent is an unmarried
minor parent or pregnant minor applicant, then the parent or parents of the
minor shall also be deemed a parent or parents of the dependent child.
However, liability for child support under this subsection only exists if the
parent or parents of the unmarried minor parent or pregnant minor applicant are
provided the opportunity for a hearing on their ability to provide support.
Any child support order requiring such a parent or parents to provide support
for the minor parent's child may be effective only until the minor parent
reaches eighteen years of age.
Sec.
506. RCW
74.12.250 and 1963 c 228 s 21 are each amended to read as follows:
If
the department, after investigation, finds that any applicant for assistance
under this chapter or any recipient of funds under ((an aid to families
with dependent children grant)) this chapter would not use, or is
not utilizing, the grant adequately for the needs of ((the)) his
or her child or children or would dissipate the grant or is ((otherwise))
dissipating such grant, or would be or is unable to manage adequately
the funds paid on behalf of said child and that to provide or continue
((said)) payments to ((him)) the applicant or recipient
would be contrary to the welfare of the child, the department may make such
payments to another individual who is interested in or concerned with the
welfare of such child and relative: PROVIDED, That the department shall
provide such counseling and other services as are available and necessary to
develop greater ability on the part of the relative to manage funds in such
manner as to protect the welfare of the family. Periodic review of each case
shall be made by the department to determine if said relative is able to resume
management of the assistance grant. If after a reasonable period of time the
payments to the relative cannot be resumed, the department may request the
attorney general to file a petition in the superior court for the appointment
of a guardian for the child or children. Such petition shall set forth the
facts warranting such appointment. Notice of the hearing on such petition
shall be served upon the recipient and the department not less than ten days
before the date set for such hearing. Such petition may be filed with the
clerk of superior court and all process issued and served without payment of
costs. If upon the hearing of such petition the court is satisfied that it is
for the best interest of the child or children, and all parties concerned, that
a guardian be appointed, he shall order the appointment, and may require the
guardian to render to the court a detailed itemized account of expenditures of
such assistance payments at such time as the court may deem advisable.
It
is the intention of this section that the guardianship herein provided for
shall be a special and limited guardianship solely for the purpose of
safeguarding the assistance grants made to dependent children. Such
guardianship shall terminate upon the termination of such assistance grant, or
sooner on order of the court, upon good cause shown.
VI.
ILLEGITIMACY PREVENTION AND ABSTINENCE PROMOTION
Sec.
601. RCW
74.12.410 and 1994 c 299 s 3 are each amended to read as follows:
(1)
At time of application or reassessment under this chapter the department shall
offer or contract for family planning information and assistance, including
alternatives to abortion, and any other available locally based teen pregnancy
prevention programs, to prospective and current recipients of aid to families
with dependent children.
(2)
The department shall work in cooperation with the superintendent of public
instruction to reduce the rate of illegitimate births and abortions in
Washington state.
(3)
The department of health shall maximize federal funding by timely application
for federal funds available under P.L. 104-193 and Title V of the federal
social security act, 42 U.S.C. 701 et seq., as amended, for the establishment
of qualifying abstinence education and motivation programs. The department of
health shall contract, by competitive bid, with entities qualified to provide
abstinence education and motivation programs in the state.
(4)
The department of health shall seek and accept local matching funds to the
maximum extent allowable from qualified abstinence education and motivation
programs.
(5)(a)
For purposes of this section, "qualifying abstinence education and
motivation programs" are those bidders with experience in the conduct of
the types of abstinence education and motivation programs set forth in Title V
of the federal social security act, 42 U.S.C. Sec. 701 et seq., as amended.
(b)
The application for federal funds, contracting for abstinence education and
motivation programs and performance of contracts under this section are subject
to review and oversight by a joint committee of the legislature, composed of
four legislative members, appointed by each of the two caucuses in each house.
VII.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES ACCOUNTABILITY
NEW
SECTION. Sec. 701. It is
the intent of the legislature that the Washington WorkFirst program focus on
work and on personal responsibility for recipients. The program shall be
evaluated among other evaluations, through a limited number of outcome measures
designed to hold each community service office and economic services region
accountable for program success.
NEW
SECTION. Sec. 702.
OUTCOME MEASURES. (1) The WorkFirst program shall develop outcome measures for
use in evaluating the WorkFirst program authorized in chapter . . .,
Laws of 1997 (this act), which may include but are not limited to:
(a)
Caseload reduction;
(b)
Recidivism to caseload after two years;
(c)
Job retention;
(d)
Earnings;
(e)
Reduction in average grant through increased recipient earnings; and
(f)
Placement of recipients into private sector, unsubsidized jobs.
(2)
The department shall require that contractors for WorkFirst services collect
outcome measure information and report outcome measures to the department regularly.
The department shall develop benchmarks that compare outcome measure
information from all contractors to provide a clear indication of the most
effective contractors. Benchmark information shall be published quarterly and
provided to the legislature, the governor, and all contractors for WorkFirst
services.
NEW
SECTION. Sec. 703.
EVALUATION. Every WorkFirst office, region, contract, employee, and contractor
shall be evaluated using the criteria in section 702 of this act. The
department shall award contracts to the highest performing entities according
to the criteria in section 702 of this act. The department may provide for
bonuses to offices, regions, and employees with the best outcomes according to
measures in section 702 of this act.
NEW
SECTION. Sec. 704.
OUTCOME MEASURES‑-REPORT. The department shall provide a report to the
appropriate committees of the legislature on achievement of the outcome
measures by region and contract on an annual basis, no later than January 15th
of each year, beginning in 1999. The report shall include how the department
is using the outcome measure information obtained under section 702 of this act
to manage the WorkFirst program.
NEW
SECTION. Sec. 705. A
new section is added to chapter 44.28 RCW to read as follows:
WORKFIRST
PROGRAM STUDY. (1) The joint legislative audit and review committee shall
conduct an evaluation of the effectiveness of the WorkFirst program described
in chapter . . ., Laws of 1997 (this act), including the job
opportunities and basic skills training program and any approved private,
county, or local government WorkFirst program. The evaluation shall assess the
success of the program in assisting clients to become employed and to reduce
their use of temporary assistance for needy families. The study shall include
but not be limited to the following:
(a)
An assessment of employment outcomes, including hourly wages, hours worked, and
total earnings, for clients;
(b)
A comparison of temporary assistance for needy families outcomes, including
grant amounts and program exits, for clients; and
(c)
An audit of the performance-based contract for each private nonprofit
contractor for job opportunities and basic skills training program services.
The joint legislative audit and review committee may contract with the
Washington institute for public policy for appropriate portions of the
evaluation required by this section.
(2)
Administrative data shall be provided by the department of social and health
services, the employment security department, the state board for community and
technical colleges, local governments, and private contractors. The department
of social and health services shall require contractors to provide
administrative and outcome data needed for this study as a condition of
contract compliance.
*NEW
SECTION. Sec. 706.
PATERNITY ESTABLISHMENT.
In order to be eligible for temporary assistance for needy families, applicants
shall, at the time of application for assistance, provide the names of both
parents of their child or children, whether born or unborn.
*Sec. 706 was vetoed. See message at end of chapter.
VIII.
LICENSE SUSPENSION AND CHILD SUPPORT ENFORCEMENT
A.
LICENSE SUSPENSION
NEW
SECTION. Sec. 801. It is
the intent of the legislature to provide a strong incentive for persons owing
child support to make timely payments, and to cooperate with the department of
social and health services to establish an appropriate schedule for the payment
of any arrears. To further ensure that child support obligations are met,
sections 801 through 890 of this act establish a program by which certain
licenses may be suspended or not renewed if a person is one hundred eighty days
or more in arrears on child support payments.
In
the implementation and management of this program, it is the legislature's
intent that the objective of the department of social and health services be to
obtain payment in full of arrears, or where that is not possible, to enter into
agreements with delinquent obligors to make timely support payments and make
reasonable payments towards the arrears. The legislature intends that if the
obligor refuses to cooperate in establishing a fair and reasonable payment
schedule for arrears or refuses to make timely support payments, the department
shall proceed with certification to a licensing entity or the department of
licensing that the person is not in compliance with a child support order.
*NEW
SECTION. Sec. 802. A
new section is added to chapter 74.20A RCW to read as follows:
(1)
The department may serve upon a responsible parent a notice informing the
responsible parent of the department's intent to submit the parent's name to
the department of licensing and any appropriate licensing entity as a licensee
who is not in compliance with a child support order. The department shall
attach a copy of the responsible parent's child support order to the notice.
Service of the notice must be by certified mail, return receipt requested. If
service by certified mail is not successful, service shall be by personal
service.
(2)
The notice of noncompliance must include the address and telephone number of
the department's division of child support office that issues the notice and
must inform the responsible parent that:
(a)
The parent may request an adjudicative proceeding to contest the issue of
compliance with the child support order. The only issues that may be
considered at the adjudicative proceeding are whether the parent is required to
pay child support under a child support order and whether the parent is in
compliance with that order;
(b)
A request for an adjudicative proceeding shall be in writing and must be
received by the department within twenty days of the date of service of the
notice;
(c)
If the parent requests an adjudicative proceeding within twenty days of
service, the department will stay action to certify the parent to the
department of licensing and any licensing entity for noncompliance with a child
support order pending entry of a written decision after the adjudicative
proceeding;
(d)
If the parent does not request an adjudicative proceeding within twenty days of
service and remains in noncompliance with a child support order, the department
will certify the parent's name to the department of licensing and any
appropriate licensing entity for noncompliance with a child support order;
(e)
The department will stay action to certify the parent to the department of
licensing and any licensing entity for noncompliance if the parent agrees to
make timely payments of current support and agrees to a reasonable payment
schedule for payment of the arrears. It is the parent's responsibility to
contact in person or by mail the department's division of child support office
indicated on the notice within twenty days of service of the notice to arrange
for a payment schedule. The department may stay certification for up to thirty
days after contact from a parent to arrange for a payment schedule;
(f)
If the department certifies the responsible parent to the department of
licensing and a licensing entity for noncompliance with a child support order,
the licensing entity will suspend or not renew the parent's license and the
department of licensing will suspend or not renew any driver's license that the
parent holds until the parent provides the department of licensing and the
licensing entity with a release from the department stating that the
responsible parent is in compliance with the child support order;
(g)
If the department certifies the responsible parent as a person who is in
noncompliance with a child support order, the department of fish and wildlife
will suspend the fishing license, hunting license, commercial fishing license,
or any other license issued under chapters 77.32, 77.28, and 75.25 RCW that the
responsible parent may possess. Notice from the department of licensing that a
responsible parent's driver's license has been suspended shall serve as notice
of the suspension of a license issued under chapters 77.32 and 75.25 RCW;
(h)
Suspension of a license will affect insurability if the responsible parent's
insurance policy excludes coverage for acts occurring after the suspension of a
license;
(i)
If after receiving the notice of noncompliance with a child support order, the
responsible parent files a motion to modify support with the court or requests
the department to amend a support obligation established by an administrative
decision, or if a motion for modification of a court or administrative order
for child support is pending, the department or the court may stay action to
certify the parent to the department of licensing and any licensing entity for
noncompliance with a child support order. A stay shall not exceed six months
unless the department finds good cause. The responsible parent has the
obligation to notify the department that a modification proceeding is pending
and provide a copy of the motion or request for modification; and
(j)
If the responsible parent subsequently becomes in compliance with the child
support order, the department will promptly provide the parent with a release
stating that the parent is in compliance with the order, and the parent may
request that the licensing entity or the department of licensing reinstate the
suspended license.
(3)
A responsible parent may request an adjudicative proceeding upon service of the
notice described in subsection (1) of this section. The request for an
adjudicative proceeding must be received by the department within twenty days
of service. The request must be in writing and indicate the current mailing
address and daytime phone number, if available, of the responsible parent. The
proceedings under this subsection shall be conducted in accordance with the
requirements of chapter 34.05 RCW. The issues that may be considered at the
adjudicative proceeding are limited to whether:
(a)
The person named as the responsible parent is the responsible parent;
(b)
The responsible parent is required to pay child support under a child support
order; and
(c)
The responsible parent is in compliance with the order.
(4)
The decision resulting from the adjudicative proceeding must be in writing and
inform the responsible parent of his or her rights to review. The parent's
copy of the decision may be sent by regular mail to the parent's most recent
address of record.
(5)
If a responsible parent contacts the department's division of child support
office indicated on the notice of noncompliance within twenty days of service
of the notice and requests arrangement of a payment schedule, the department
shall stay the certification of noncompliance during negotiation of the
schedule for payment of arrears. In no event shall the stay continue for more
than thirty days from the date of contact by the parent. The department shall
establish a schedule for payment of arrears that is fair and reasonable, and
that considers the financial situation of the responsible parent and the needs
of all children who rely on the responsible parent for support. At the end of
the thirty days, if no payment schedule has been agreed to in writing and the
department has acted in good faith, the department shall proceed with
certification of noncompliance.
(6)
If a responsible parent timely requests an adjudicative proceeding pursuant to
subsection (4) of this section, the department may not certify the name of the
parent to the department of licensing or a licensing entity for noncompliance
with a child support order unless the adjudicative proceeding results in a
finding that the responsible parent is not in compliance with the order.
(7)
The department may certify to the department of licensing and any appropriate
licensing entity the name of a responsible parent who is not in compliance with
a child support order or a residential or visitation order if:
(a)
The responsible parent does not timely request an adjudicative proceeding upon
service of a notice issued under subsection (1) of this section and is not in
compliance with a child support order twenty-one days after service of the
notice;
(b)
An adjudicative proceeding results in a decision that the responsible parent is
not in compliance with a child support order;
(c)
The court enters a judgment on a petition for judicial review that finds the
responsible parent is not in compliance with a child support order;
(d)
The department and the responsible parent have been unable to agree on a fair
and reasonable schedule of payment of the arrears;
(e)
The responsible parent fails to comply with a payment schedule established
pursuant to subsection (5) of this section; or
(f)
The department is ordered to certify the responsible parent by a court order
under section 887 of this act.
The
department shall send by regular mail a copy of any certification of
noncompliance filed with the department of licensing or a licensing entity to
the responsible parent at the responsible parent's most recent address of
record.
(8)
The department of licensing and a licensing entity shall, without undue delay,
notify a responsible parent certified by the department under subsection (7) of
this section that the parent's driver's license or other license has been
suspended because the parent's name has been certified by the department as a
responsible parent who is not in compliance with a child support order or a
residential or visitation order.
(9)
When a responsible parent who is served notice under subsection (1) of this
section subsequently complies with the child support order, or when the
department receives a court order under section 886 of this act stating that
the parent is in compliance with a residential or visitation order, the
department shall promptly provide the parent with a release stating that the
responsible parent is in compliance with the order. A copy of the release
shall be transmitted by the department to the appropriate licensing entities.
(10)
The department may adopt rules to implement and enforce the requirements of
this section. The department shall deliver a copy of rules adopted to
implement and enforce this section to the legislature by June 30, 1998.
(11)
Nothing in this section prohibits a responsible parent from filing a motion to
modify support with the court or from requesting the department to amend a
support obligation established by an administrative decision. If there is a
reasonable likelihood that a pending motion or request will significantly
change the amount of the child support obligation, the department or the court
may stay action to certify the responsible parent to the department of
licensing and any licensing entity for noncompliance with a child support
order. A stay shall not exceed six months unless the department finds good
cause to extend the stay. The responsible parent has the obligation to notify
the department that a modification proceeding is pending and provide a copy of
the motion or request for modification.
(12)
The department of licensing and a licensing entity may renew, reinstate, or
otherwise extend a license in accordance with the licensing entity's or the
department of licensing's rules after the licensing entity or the department of
licensing receives a copy of the release specified in subsection (9) of this
section. The department of licensing and a licensing entity may waive any
applicable requirement for reissuance, renewal, or other extension if it
determines that the imposition of that requirement places an undue burden on
the person and that waiver of the requirement is consistent with the public
interest.
(13)
The procedures in chapter . . ., Laws of 1997 (this act), constitute
the exclusive administrative remedy for contesting the establishment of
noncompliance with a child support order and suspension of a license under this
section, and satisfy the requirements of RCW 34.05.422.
*Sec. 802 was partially vetoed. See message at end of
chapter.
NEW
SECTION. Sec. 803. A
new section is added to chapter 74.20A RCW to read as follows:
(1)
The department and all of the various licensing entities subject to section 802
of this act shall enter into such agreements as are necessary to carry out the
requirements of the license suspension program established in section 802 of
this act.
(2)
The department and all licensing entities subject to section 802 of this act
shall compare data to identify responsible parents who may be subject to the
provisions of chapter . . ., Laws of 1997 (this act). The comparison
may be conducted electronically, or by any other means that is jointly
agreeable between the department and the particular licensing entity. The data
shared shall be limited to those items necessary to implementation of chapter
. . ., Laws of 1997 (this act). The purpose of the comparison shall
be to identify current licensees who are not in compliance with a child support
order, and to provide to the department the following information regarding
those licensees:
(a)
Name;
(b)
Date of birth;
(c)
Address of record;
(d)
Federal employer identification number and social security number;
(e)
Type of license;
(f)
Effective date of license or renewal;
(g)
Expiration date of license; and
(h)
Active or inactive status.
NEW
SECTION. Sec. 804. A
new section is added to chapter 74.20A RCW to read as follows:
(1)
In furtherance of the public policy of increasing collection of child support
and to assist in evaluation of the program established in section 802 of this
act, the department shall report the following to the legislature and the
governor on December 1, 1998, and annually thereafter:
(a)
The number of responsible parents identified as licensees subject to section
802 of this act;
(b)
The number of responsible parents identified by the department as not in
compliance with a child support order;
(c)
The number of notices of noncompliance served upon responsible parents by the
department;
(d)
The number of responsible parents served a notice of noncompliance who request
an adjudicative proceeding;
(e)
The number of adjudicative proceedings held, and the results of the
adjudicative proceedings;
(f)
The number of responsible parents certified to the department of licensing or
licensing entities for noncompliance with a child support order, and the number
of each type of licenses that were suspended;
(g)
The costs incurred in the implementation and enforcement of section 802 of this
act and an estimate of the amount of child support collected due to the
department under section 802 of this act;
(h)
Any other information regarding this program that the department feels will
assist in evaluation of the program;
(i)
Recommendations for the addition of specific licenses in the program or
exclusion of specific licenses from the program, and reasons for such recommendations;
and
(j)
Any recommendations for statutory changes necessary for the cost-effective
management of the program.
(2)
To assist in evaluation of the program established in section 802 of this act,
the office of the administrator for the courts shall report the following to
the legislature and the governor on December 1, 1998, and annually thereafter:
(a)
The number of motions for contempt for violation of a visitation or residential
order filed under RCW 26.09.160(3);
(b)
The number of parents found in contempt under RCW 26.09.160(3); and
(c)
The number of parents whose licenses were suspended under RCW 26.09.160(3).
(3)
This section expires December 2, 2002.
Sec.
805. RCW
74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:
Unless
a different meaning is plainly required by the context, the following words and
phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have
the following meanings:
(1)
"Department" means the state department of social and health
services.
(2)
"Secretary" means the secretary of the department of social and
health services, ((his)) the secretary's designee or authorized
representative.
(3)
"Dependent child" means any person:
(a)
Under the age of eighteen who is not self-supporting, married, or a member of
the armed forces of the United States; or
(b)
Over the age of eighteen for whom a court order for support exists.
(4)
"Support obligation" means the obligation to provide for the
necessary care, support, and maintenance, including medical expenses, of a
dependent child or other person as required by statutes and the common law of
this or another state.
(5)
"Superior court order" means any judgment, decree, or order of the
superior court of the state of Washington, or a court of comparable
jurisdiction of another state, establishing the existence of a support
obligation and ordering payment of a set or determinable amount of support
moneys to satisfy the support obligation. For purposes of RCW 74.20A.055,
orders for support which were entered under the uniform reciprocal enforcement
of support act by a state where the responsible parent no longer resides shall
not preclude the department from establishing an amount to be paid as current
and future support.
(6)
"Administrative order" means any determination, finding, decree, or
order for support pursuant to RCW 74.20A.055, or by an agency of another state
pursuant to a substantially similar administrative process, establishing the
existence of a support obligation and ordering the payment of a set or
determinable amount of support moneys to satisfy the support obligation.
(7)
"Responsible parent" means a natural parent, adoptive parent, or
stepparent of a dependent child or a person who has signed an affidavit
acknowledging paternity which has been filed with the state office of vital
statistics.
(8)
"Stepparent" means the present spouse of the person who is either the
mother, father, or adoptive parent of a dependent child, and such status shall
exist until terminated as provided for in RCW 26.16.205.
(9)
"Support moneys" means any moneys or in-kind providings paid to
satisfy a support obligation whether denominated as child support, spouse
support, alimony, maintenance, or any other such moneys intended to satisfy an
obligation for support of any person or satisfaction in whole or in part of
arrears or delinquency on such an obligation.
(10)
"Support debt" means any delinquent amount of support moneys which is
due, owing, and unpaid under a superior court order or an administrative order,
a debt for the payment of expenses for the reasonable or necessary care,
support, and maintenance, including medical expenses, of a dependent child or
other person for whom a support obligation is owed; or a debt under RCW
74.20A.100 or 74.20A.270. Support debt also includes any accrued interest,
fees, or penalties charged on a support debt, and attorneys fees and other
costs of litigation awarded in an action to establish and enforce a support
obligation or debt.
(11)
"State" means any state or political subdivision, territory, or
possession of the United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(12)
"Account" means a demand deposit account, checking or negotiable
withdrawal order account, savings account, time deposit account, or
money-market mutual fund account.
(13)
"Child support order" means a superior court order or an
administrative order.
(14)
"Financial institution" means:
(a)
A depository institution, as defined in section 3(c) of the federal deposit
insurance act;
(b)
An institution-affiliated party, as defined in section 3(u) of the federal
deposit insurance act;
(c)
Any federal or state credit union, as defined in section 101 of the federal
credit union act, including an institution-affiliated party of such credit
union, as defined in section 206(r) of the federal deposit insurance act; or
(d)
Any benefit association, insurance company, safe deposit company, money-market
mutual fund, or similar entity.
(15)
"License" means a license, certificate, registration, permit,
approval, or other similar document issued by a licensing entity to a licensee
evidencing admission to or granting authority to engage in a profession,
occupation, business, industry, recreational pursuit, or the operation of a
motor vehicle. "License" does not mean the tax registration or
certification issued under Title 82 RCW by the department of revenue.
(16)
"Licensee" means any individual holding a license, certificate,
registration, permit, approval, or other similar document issued by a licensing
entity evidencing admission to or granting authority to engage in a profession,
occupation, business, industry, recreational pursuit, or the operation of a
motor vehicle.
(17)
"Licensing entity" includes any department, board, commission, or
other organization authorized to issue, renew, suspend, or revoke a license
authorizing an individual to engage in a business, occupation, profession,
industry, recreational pursuit, or the operation of a motor vehicle, and
includes the Washington state supreme court, to the extent that a rule has been
adopted by the court to implement suspension of licenses related to the
practice of law.
(18)
"Noncompliance with a child support order" for the purposes of the
license suspension program authorized under section 802 of this act means a
responsible parent has:
(a)
Accumulated arrears totaling more than six months of child support payments;
(b)
Failed to make payments pursuant to a written agreement with the department
towards a support arrearage in an amount that exceeds six months of payments;
or
(c)
Failed to make payments required by a superior court order or administrative
order towards a support arrearage in an amount that exceeds six months of
payments.
(19)
"Noncompliance with a residential or visitation order" means that a
court has found the parent in contempt of court under RCW 26.09.160(3) for
failure to comply with a residential provision of a court-ordered parenting
plan.
Sec.
806. RCW
46.20.291 and 1993 c 501 s 4 are each amended to read as follows:
The
department is authorized to suspend the license of a driver upon a showing by
its records or other sufficient evidence that the licensee:
(1)
Has committed an offense for which mandatory revocation or suspension of
license is provided by law;
(2)
Has, by reckless or unlawful operation of a motor vehicle, caused or
contributed to an accident resulting in death or injury to any person or
serious property damage;
(3)
Has been convicted of offenses against traffic regulations governing the
movement of vehicles, or found to have committed traffic infractions, with such
frequency as to indicate a disrespect for traffic laws or a disregard for the
safety of other persons on the highways;
(4)
Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))
(5)
Has failed to respond to a notice of traffic infraction, failed to appear at a
requested hearing, violated a written promise to appear in court, or has failed
to comply with the terms of a notice of traffic infraction or citation, as
provided in RCW 46.20.289; ((or))
(6)
Has committed one of the prohibited practices relating to drivers' licenses
defined in RCW 46.20.336; or
(7)
Has been certified by the department of social and health services as a person
who is not in compliance with a child support order or a residential or
visitation order as provided in section 802 of this act.
Sec.
807. RCW
46.20.311 and 1995 c 332 s 11 are each amended to read as follows:
(1)
The department shall not suspend a driver's license or privilege to drive a
motor vehicle on the public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.342 or other provision of
law. Except for a suspension under RCW 46.20.289 ((and)),
46.20.291(5), or section 802 of this act, whenever the license or
driving privilege of any person is suspended by reason of a conviction, a
finding that a traffic infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in
effect until the person gives and thereafter maintains proof of financial
responsibility for the future as provided in chapter 46.29 RCW. If the
suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the
department shall determine the person's eligibility for licensing based upon
the reports provided by the alcoholism agency or probation department
designated under RCW 46.61.5056 and shall deny reinstatement until enrollment
and participation in an approved program has been established and the person is
otherwise qualified. Whenever the license or driving privilege of any
person is suspended as a result of certification of noncompliance with a child
support order under chapter 74.20A RCW or a residential or visitation order,
the suspension shall remain in effect until the person provides a release
issued by the department of social and health services stating that the person
is in compliance with the order. The department shall not issue to the
person a new, duplicate, or renewal license until the person pays a reissue fee
of twenty dollars. If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative action under RCW
46.20.308, the reissue fee shall be fifty dollars.
(2)
Any person whose license or privilege to drive a motor vehicle on the public
highways has been revoked, unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege renewed or restored
until: (a) After the expiration of one year from the date the license or
privilege to drive was revoked; (b) after the expiration of the applicable
revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the
expiration of two years for persons convicted of vehicular homicide; or (d)
after the expiration of the applicable revocation period provided by RCW
46.20.265. After the expiration of the appropriate period, the person may make
application for a new license as provided by law together with a reissue fee in
the amount of twenty dollars, but if the revocation is the result of a
violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be
fifty dollars. If the revocation is the result of a violation of RCW 46.61.502
or 46.61.504, the department shall determine the person's eligibility for
licensing based upon the reports provided by the alcoholism agency or probation
department designated under RCW 46.61.5056 and shall deny reissuance of a
license, permit, or privilege to drive until enrollment and participation in an
approved program has been established and the person is otherwise qualified.
Except for a revocation under RCW 46.20.265, the department shall not then
issue a new license unless it is satisfied after investigation of the driving
ability of the person that it will be safe to grant the privilege of driving a
motor vehicle on the public highways, and until the person gives and thereafter
maintains proof of financial responsibility for the future as provided in
chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall
not issue a new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that person the
privilege of driving a motor vehicle on the public highways.
(3)
Whenever the driver's license of any person is suspended pursuant to Article IV
of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or
46.20.291(5), the department shall not issue to the person any new or renewal
license until the person pays a reissue fee of twenty dollars. If the
suspension is the result of a violation of the laws of this or any other state,
province, or other jurisdiction involving (a) the operation or physical control
of a motor vehicle upon the public highways while under the influence of
intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test
of the driver's blood alcohol content, the reissue fee shall be fifty dollars.
NEW
SECTION. Sec. 808. A
new section is added to chapter 48.22 RCW to read as follows:
In
the event that the department of licensing suspends a driver's license solely
for the nonpayment of child support as provided in chapter 74.20A RCW or for
noncompliance with a residential or visitation order as provided in chapter
26.09 RCW, any provision in the driver's motor vehicle liability insurance
policy excluding insurance coverage for an unlicensed driver shall not apply to
the driver for ninety days from the date of suspension. When a driver's
license is suspended under chapter 74.20A RCW, the driving record for the
suspended driver shall include a notation that explains the reason for the
suspension.
NEW
SECTION. Sec. 809. The
legislature intends that the license suspension program established in chapter
74.20A RCW be implemented fairly to ensure that child support obligations are
met and that parents comply with residential and visitation orders. However,
being mindful of the separations of powers and responsibilities among the
branches of government, the legislature strongly encourages the state supreme
court to adopt rules providing for suspension and denial of licenses related to
the practice of law to those individuals who are in noncompliance with a
support order or a residential or visitation order.
NEW
SECTION. Sec. 810. A
new section is added to chapter 2.48 RCW to read as follows:
The
Washington state supreme court may provide by rule that no person who has been
certified by the department of social and health services as a person who is in
noncompliance with a support order or a residential or visitation order as
provided in section 802 of this act may be admitted to the practice of law in
this state, and that any member of the Washington state bar association who has
been certified by the department of social and health services as a person who
is in noncompliance with a support order or a residential or visitation order
as provided in section 802 of this act shall be immediately suspended from
membership. The court's rules may provide for review of an application for
admission or reinstatement of membership after the department of social and
health services has issued a release stating that the person is in compliance
with the order.
NEW
SECTION. Sec. 811. A
new section is added to chapter 18.04 RCW to read as follows:
The
board shall immediately suspend the certificate or license of a person who has
been certified pursuant to section 802 of this act by the department of social
and health services as a person who is not in compliance with a support order
or a residential or visitation order. If the person has continued to meet all
other requirements for reinstatement during the suspension, reissuance of the
license or certificate shall be automatic upon the board's receipt of a release
issued by the department of social and health services stating that the
licensee is in compliance with the order.
Sec.
812. RCW
18.04.335 and 1992 c 103 s 13 are each amended to read as follows:
(1)
Upon application in writing and after hearing pursuant to notice, the board
may:
(((1)))
(a) Modify the suspension of, or reissue a certificate or license to, an
individual whose certificate has been revoked or suspended; or
(((2)))
(b) Modify the suspension of, or reissue a license to a firm whose
license has been revoked, suspended, or which the board has refused to renew.
(2)
In the case of suspension for failure to comply with a support order under
chapter 74.20A RCW or a residential or visitation order under chapter 26.09
RCW, if the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of a certificate or license
shall be automatic upon the board's receipt of a release issued by the
department of social and health services stating that the individual is in
compliance with the order.
NEW
SECTION. Sec. 813. A
new section is added to chapter 18.08 RCW to read as follows:
The
board shall immediately suspend the certificate of registration or certificate
of authorization to practice architecture of a person who has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet other
requirements for reinstatement during the suspension, reissuance of the
certificate shall be automatic upon the board's receipt of a release issued by
the department of social and health services stating that the individual is in
compliance with the order.
Sec.
814. RCW
18.11.160 and 1986 c 324 s 12 are each amended to read as follows:
(1)
No license shall be issued by the department to any person who has been
convicted of forgery, embezzlement, obtaining money under false pretenses,
extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful
issuance of checks or drafts, or other similar offense, or to any partnership
of which the person is a member, or to any association or corporation of which
the person is an officer or in which as a stockholder the person has or
exercises a controlling interest either directly or indirectly.
(2)
The following shall be grounds for denial, suspension, or revocation of a
license, or imposition of an administrative fine by the department:
(a)
Misrepresentation or concealment of material facts in obtaining a license;
(b)
Underreporting to the department of sales figures so that the auctioneer or
auction company surety bond is in a lower amount than required by law;
(c)
Revocation of a license by another state;
(d)
Misleading or false advertising;
(e)
A pattern of substantial misrepresentations related to auctioneering or auction
company business;
(f)
Failure to cooperate with the department in any investigation or disciplinary
action;
(g)
Nonpayment of an administrative fine prior to renewal of a license;
(h)
Aiding an unlicensed person to practice as an auctioneer or as an auction
company; and
(i)
Any other violations of this chapter.
(3)
The department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
NEW
SECTION. Sec. 815. A
new section is added to chapter 18.16 RCW to read as follows:
The
department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
NEW
SECTION. Sec. 816. A
new section is added to chapter 18.20 RCW to read as follows:
The
department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
Sec.
817. RCW
18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:
(1)
A certificate of registration shall be valid for one year and shall be renewed
on or before the expiration date. The department shall issue to the applicant
a certificate of registration upon compliance with the registration
requirements of this chapter.
(2)
If the department approves an application, it shall issue a certificate of
registration to the applicant. The certificate shall be valid for:
(a)
One year;
(b)
Until the bond expires; or
(c)
Until the insurance expires, whichever comes first. The department shall place
the expiration date on the certificate.
(3)
A contractor may supply a short-term bond or insurance policy to bring its
registration period to the full one year.
(4)
If a contractor's surety bond or other security has an unsatisfied judgment
against it or is canceled, or if the contractor's insurance policy is canceled,
the contractor's registration shall be automatically suspended on the effective
date of the impairment or cancellation. The department shall give notice of
the suspension to the contractor.
(5)
The department shall immediately suspend the certificate of registration of a
contractor who has been certified by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order as provided in section 802 of this act. The
certificate of registration shall not be reissued or renewed unless the person
provides to the department a release from the department of social and health
services stating that he or she is in compliance with the order and the person
has continued to meet all other requirements for certification during the
suspension.
NEW
SECTION. Sec. 818. A
new section is added to chapter 18.28 RCW to read as follows:
The
department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
Sec.
819. RCW
18.39.181 and 1996 c 217 s 7 are each amended to read as follows:
The
director shall have the following powers and duties:
(1)
To issue all licenses provided for under this chapter;
(2)
To renew licenses under this chapter;
(3)
To collect all fees prescribed and required under this chapter; ((and))
(4)
To immediately suspend the license of a person who has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order; and
(5)
To keep general books of record of all official acts, proceedings, and
transactions of the department of licensing while acting under this chapter.
NEW
SECTION. Sec. 820. A
new section is added to chapter 18.39 RCW to read as follows:
In
the case of suspension for failure to comply with a support order under chapter
74.20A RCW or a residential or visitation order under chapter 26.09 RCW, if the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of a license shall be automatic upon the director's
receipt of a release issued by the department of social and health services
stating that the individual is in compliance with the order.
NEW
SECTION. Sec. 821. A
new section is added to chapter 18.43 RCW to read as follows:
The
board shall immediately suspend the registration of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for membership during the suspension, reissuance of the
certificate of registration shall be automatic upon the board's receipt of a
release issued by the department of social and health services stating that the
person is in compliance with the order.
NEW
SECTION. Sec. 822. A
new section is added to chapter 18.44 RCW to read as follows:
The
department shall immediately suspend the certificate of registration of a
person who has been certified pursuant to section 802 of this act by the
department of social and health services as a person who is not in compliance
with a support order or a residential or visitation order. If the person has
continued to meet all other requirements for certification during the
suspension, reissuance of the certificate shall be automatic upon the
department's receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
Sec.
823. RCW
18.46.050 and 1991 c 3 s 101 are each amended to read as follows:
(1)
The department may deny, suspend, or revoke a license in any case in which it
finds that there has been failure or refusal to comply with the requirements
established under this chapter or the rules adopted under it.
(2)
The department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the person is in
compliance with the order.
RCW
43.70.115 governs notice of a license denial, revocation, suspension, or
modification and provides the right to an adjudicative proceeding but shall
not apply to actions taken under subsection (2) of this section.
NEW
SECTION. Sec. 824. A
new section is added to chapter 18.51 RCW to read as follows:
The
department shall immediately suspend the license of a person who has been
certified pursuant to section 802 of this act by the department of social and
health services, division of support, as a person who is not in compliance with
a child support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon the department's
receipt of a release issued by the division of child support stating that the
person is in compliance with the order.
NEW
SECTION. Sec. 825. A
new section is added to chapter 18.76 RCW to read as follows:
The
department shall immediately suspend the certification of a poison center
medical director or a poison information specialist who has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for certification during the suspension, reissuance of the
certification shall be automatic upon the department's receipt of a release
issued by the department of social and health services stating that the person
is in compliance with the order.
NEW
SECTION. Sec. 826. A
new section is added to chapter 18.85 RCW to read as follows:
The
director shall immediately suspend the license of a broker or salesperson who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating that the person
is in compliance with the order.
Sec.
827. RCW
18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:
(1)
The director may refuse to renew, or may suspend or revoke, a certificate of
registration to use the titles landscape architect, landscape architecture, or
landscape architectural in this state upon the following grounds:
(((1)))
(a) The holder of the certificate of registration is impersonating a
practitioner or former practitioner.
(((2)))
(b) The holder of the certificate of registration is guilty of fraud,
deceit, gross negligence, gross incompetency or gross misconduct in the
practice of landscape architecture.
(((3)))
(c) The holder of the certificate of registration permits his seal to be
affixed to any plans, specifications or drawings that were not prepared by him
or under his personal supervision by employees subject to his direction and
control.
(((4)))
(d) The holder of the certificate has committed fraud in applying for or
obtaining a certificate.
(2)
The director shall immediately suspend the certificate of registration of a
landscape architect who has been certified pursuant to section 802 of this act
by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for certification during
the suspension, reissuance of the certificate of registration shall be
automatic upon the director's receipt of a release issued by the department of
social and health services stating that the person is in compliance with the
order.
Sec.
828. RCW
18.104.110 and 1993 c 387 s 18 are each amended to read as follows:
(1)
In cases other than those relating to the failure of a licensee to renew a
license, the director may suspend or revoke a license issued pursuant to this
chapter for any of the following reasons:
(((1)))
(a) For fraud or deception in obtaining the license;
(((2)))
(b) For fraud or deception in reporting under RCW 18.104.050;
(((3)))
(c) For violating the provisions of this chapter, or of any lawful rule
or regulation of the department or the department of health.
(2)
The director shall immediately suspend any license issued under this chapter if
the holder of the license has been certified pursuant to section 802 of this
act by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of the license shall be automatic upon the
director's receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
(3)
No license shall be suspended for more than six months, except that a
suspension under section 802 of this act shall continue until the department
receives a release issued by the department of social and health services
stating that the person is in compliance with the order.
(4)
No person whose license is revoked shall be eligible to apply for a license for
one year from the effective date of the final order of revocation.
NEW
SECTION. Sec. 829. A
new section is added to chapter 18.106 RCW to read as follows:
The
department shall immediately suspend any certificate of competency issued under
this chapter if the holder of the certificate has been certified pursuant to
section 802 of this act by the department of social and health services as a
person who is not in compliance with a support order or a residential or
visitation order. If the person has continued to meet all other requirements
for certification during the suspension, reissuance of the certificate of
competency shall be automatic upon the department's receipt of a release issued
by the department of social and health services stating that the person is in
compliance with the order.
NEW
SECTION. Sec. 830. A
new section is added to chapter 18.130 RCW to read as follows:
The
secretary shall immediately suspend the license of any person subject to this
chapter who has been certified by the department of social and health services
as a person who is not in compliance with a support order or a residential or
visitation order as provided in section 802 of this act.
Sec.
831. RCW
18.130.150 and 1984 c 279 s 15 are each amended to read as follows:
A
person whose license has been suspended or revoked under this chapter may
petition the disciplining authority for reinstatement after an interval as
determined by the disciplining authority in the order. The disciplining
authority shall hold hearings on the petition and may deny the petition or may
order reinstatement and impose terms and conditions as provided in RCW
18.130.160 and issue an order of reinstatement. The disciplining authority may
require successful completion of an examination as a condition of
reinstatement.
A
person whose license has been suspended for noncompliance with a support order
or a residential or visitation order under section 802 of this act may petition
for reinstatement at any time by providing the secretary a release issued by
the department of social and health services stating that the person is in
compliance with the order. If the person has continued to meet all other
requirements for reinstatement during the suspension, the secretary shall
automatically reissue the person's license upon receipt of the release, and
payment of a reinstatement fee, if any.
NEW
SECTION. Sec. 832. A
new section is added to chapter 18.140 RCW to read as follows:
The
director shall immediately suspend any license or certificate issued under this
chapter if the holder has been certified pursuant to section 802 of this act by
the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of the license or certificate shall be automatic
upon the director's receipt of a release issued by the department of social and
health services stating that the person is in compliance with the order.
NEW
SECTION. Sec. 833. A
new section is added to chapter 18.145 RCW to read as follows:
The
director shall immediately suspend any certificate issued under this chapter if
the holder has been certified pursuant to section 802 of this act by the
department of social and health services as a person who is not in compliance
with a support order or a residential or visitation order. If the person has
continued to meet all other requirements for certification during the
suspension, reissuance of the certificate shall be automatic upon the
director's receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
Sec.
834. RCW
18.160.080 and 1990 c 177 s 10 are each amended to read as follows:
(1)
The state director of fire protection may refuse to issue or renew or may
suspend or revoke the privilege of a licensed fire protection sprinkler system
contractor or the certificate of a certificate of competency holder to engage
in the fire protection sprinkler system business or in lieu thereof, establish
penalties as prescribed by Washington state law, for any of the following reasons:
(a)
Gross incompetency or gross negligence in the preparation of technical
drawings, installation, repair, alteration, maintenance, inspection, service,
or addition to fire protection sprinkler systems;
(b)
Conviction of a felony;
(c)
Fraudulent or dishonest practices while engaging in the fire protection
sprinkler systems business;
(d)
Use of false evidence or misrepresentation in an application for a license or
certificate of competency;
(e)
Permitting his or her license to be used in connection with the preparation of
any technical drawings which have not been prepared by him or her personally or
under his or her immediate supervision, or in violation of this chapter; or
(f)
Knowingly violating any provisions of this chapter or the regulations issued
thereunder.
(2)
The state director of fire protection shall revoke the license of a licensed
fire protection sprinkler system contractor or the certificate of a certificate
of competency holder who engages in the fire protection sprinkler system
business while the license or certificate of competency is suspended.
(3)
The state director of fire protection shall immediately suspend any license
or certificate issued under this chapter if the holder has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for issuance or reinstatement during the suspension, issuance or
reissuance of the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and health services
stating that the person is in compliance with the order.
(4)
Any licensee or certificate of competency holder who is aggrieved by an order
of the state director of fire protection suspending or revoking a license may,
within thirty days after notice of such suspension or revocation, appeal under chapter
34.05 RCW. This subsection does not apply to actions taken under subsection
(3) of this section.
Sec.
835. RCW
18.165.160 and 1995 c 277 s 34 are each amended to read as follows:
The
following acts are prohibited and constitute grounds for disciplinary action,
assessing administrative penalties, or denial, suspension, or revocation of any
license under this chapter, as deemed appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Knowingly making a material misstatement or omission in the application for or
renewal of a license or firearms certificate, including falsifying requested
identification information;
(3)
Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or
18.165.050;
(4)
Failing to return immediately on demand a firearm issued by an employer;
(5)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private investigator license, or carrying a firearm not meeting
the provisions of this chapter while in the performance of his or her duties;
(6)
Failing to return immediately on demand company identification, badges, or
other items issued to the private investigator by an employer;
(7)
Making any statement that would reasonably cause another person to believe that
the private investigator is a sworn peace officer;
(8)
Divulging confidential information obtained in the course of any investigation
to which he or she was assigned;
(9)
Acceptance of employment that is adverse to a client or former client and
relates to a matter about which a licensee has obtained confidential
information by reason of or in the course of the licensee's employment by the
client;
(10)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is conclusive evidence at
the ensuing disciplinary hearing of the guilt of the license holder or
applicant of the crime described in the indictment or information, and of the
person's violation of the statute on which it is based. For the purposes of
this section, conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for the conviction and all proceedings in which
the sentence has been deferred or suspended;
(11)
Advertising that is false, fraudulent, or misleading;
(12)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(13)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(14)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(15)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the director;
(16)
Aiding or abetting an unlicensed person to practice if a license is required;
(17)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession;
(18)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(19)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(20)
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.165.050;
(21)
Assisting a client to locate, trace, or contact a person when the investigator
knows that the client is prohibited by any court order from harassing or
contacting the person whom the investigator is being asked to locate, trace, or
contact, as it pertains to domestic violence, stalking, or minor children;
(22)
Failure to maintain bond or insurance; ((or))
(23)
Failure to have a qualifying principal in place; or
(24)
Being certified as not in compliance with a support order or a residential or
visitation order as provided in section 802 of this act.
NEW
SECTION. Sec. 836. A
new section is added to chapter 18.165 RCW to read as follows:
The
director shall immediately suspend a license issued under this chapter if the
holder has been certified pursuant to section 802 of this act by the department
of social and health services as a person who is not in compliance with a
support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the suspension,
reissuance of the license shall be automatic upon the director's receipt of a
release issued by the department of social and health services stating that the
person is in compliance with the order.
Sec.
837. RCW
18.170.170 and 1995 c 277 s 12 are each amended to read as follows:
In
addition to the provisions of section 838 of this act, the following acts
are prohibited and constitute grounds for disciplinary action, assessing
administrative penalties, or denial, suspension, or revocation of any license
under this chapter, as deemed appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Practicing fraud, deceit, or misrepresentation in any of the private security
activities covered by this chapter;
(3)
Knowingly making a material misstatement or omission in the application for a
license or firearms certificate;
(4)
Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or
18.170.060;
(5)
Failing to return immediately on demand a firearm issued by an employer;
(6)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private security guard license, or carrying a firearm not meeting
the provisions of this chapter while in the performance of his or her duties;
(7)
Failing to return immediately on demand any uniform, badge, or other item of
equipment issued to the private security guard by an employer;
(8)
Making any statement that would reasonably cause another person to believe that
the private security guard is a sworn peace officer;
(9)
Divulging confidential information that may compromise the security of any
premises, or valuables shipment, or any activity of a client to which he or she
was assigned;
(10)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is conclusive evidence at
the ensuing disciplinary hearing of the guilt of the license holder or
applicant of the crime described in the indictment or information, and of the
person's violation of the statute on which it is based. For the purposes of
this section, conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for the conviction and all proceedings in which
the sentence has been deferred or suspended;
(11)
Misrepresentation or concealment of a material fact in obtaining a license or
in reinstatement thereof;
(12)
Advertising that is false, fraudulent, or misleading;
(13)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(14)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(15)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(16)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the disciplining authority;
(17)
Aiding or abetting an unlicensed person to practice if a license is required;
(18)
Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(19)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(20)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against a client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(21)
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.170.060;
(22)
Failure to maintain insurance; and
(23)
Failure to have a qualifying principal in place.
NEW
SECTION. Sec. 838. A
new section is added to chapter 18.170 RCW to read as follows:
The
director shall immediately suspend any license issued under this chapter if the
holder has been certified pursuant to section 802 of this act by the department
of social and health services as a person who is not in compliance with a
support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon the director's
receipt of a release issued by the department of social and health services
stating that the person is in compliance with the order.
NEW
SECTION. Sec. 839. A
new section is added to chapter 18.175 RCW to read as follows:
The
director shall immediately suspend a certificate of registration issued under
this chapter if the holder has been certified pursuant to section 802 of this
act by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for certification during
the suspension, reissuance of the certificate shall be automatic upon the
director's receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
NEW
SECTION. Sec. 840. A
new section is added to chapter 18.185 RCW to read as follows:
The
director shall immediately suspend any license issued under this chapter if the
holder has been certified pursuant to section 802 of this act by the department
of social and health services as a person who is not in compliance with a
support order or a residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the suspension,
reissuance of the license shall be automatic upon the director's receipt of a
release issued by the department of social and health services stating that the
person is in compliance with the order.
Sec.
841. RCW
43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:
This
section governs the denial of an application for a license or the suspension,
revocation, or modification of a license by the department.
(1)
The department shall give written notice of the denial of an application for a
license to the applicant or his or her agent. The department shall give
written notice of revocation, suspension, or modification of a license to the
licensee or his or her agent. The notice shall state the reasons for the
action. The notice shall be personally served in the manner of service of a
summons in a civil action or shall be given in ((an other)) another
manner that shows proof of receipt.
(2)
Except as otherwise provided in this subsection and in subsection (4) of this
section, revocation, suspension, or modification is effective twenty-eight days
after the licensee or the agent receives the notice.
(a)
The department may make the date the action is effective later than
twenty-eight days after receipt. If the department does so, it shall state the
effective date in the written notice given the licensee or agent.
(b)
The department may make the date the action is effective sooner than
twenty-eight days after receipt when necessary to protect the public health,
safety, or welfare. When the department does so, it shall state the effective
date and the reasons supporting the effective date in the written notice given
to the licensee or agent.
(c)
When the department has received certification pursuant to chapter 74.20A RCW
from the division of child support that the licensee is a person who is not in
compliance with a support order or an order from court stating that the
licensee is in noncompliance with a residential or visitation order under
chapter 26.09 RCW, the department shall provide that the suspension is effective
immediately upon receipt of the suspension notice by the licensee.
(3)
Except for licensees suspended for noncompliance with a support order under
chapter 74.20A RCW or a residential or visitation order under chapter 26.09
RCW, a license applicant or licensee who is aggrieved by a department
denial, revocation, suspension, or modification has the right to an
adjudicative proceeding. The proceeding is governed by the Administrative
Procedure Act, chapter 34.05 RCW. The application must be in writing, state
the basis for contesting the adverse action, include a copy of the adverse
notice, be served on and received by the department within twenty-eight days of
the license applicant's or licensee's receiving the adverse notice, and be
served in a manner that shows proof of receipt.
(4)(a)
If the department gives a licensee twenty-eight or more days notice of
revocation, suspension, or modification and the licensee files an appeal before
its effective date, the department shall not implement the adverse action until
the final order has been entered. The presiding or reviewing officer may
permit the department to implement part or all of the adverse action while the
proceedings are pending if the appellant causes an unreasonable delay in the
proceeding, if the circumstances change so that implementation is in the public
interest, or for other good cause.
(b)
If the department gives a licensee less than twenty-eight days notice of
revocation, suspension, or modification and the licensee timely files a
sufficient appeal, the department may implement the adverse action on the
effective date stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of the adverse
action while the proceedings are pending if staying implementation is in the
public interest or for other good cause.
NEW
SECTION. Sec. 842. A
new section is added to chapter 28A.410 RCW to read as follows:
Any
certificate or permit authorized under this chapter or chapter 28A.405 RCW
shall be suspended by the authority authorized to grant the certificate or
permit if the department of social and health services certifies that the
person is not in compliance with a support order or a residential or visitation
order as provided in section 802 of this act. If the person continues to meet
other requirements for reinstatement during the suspension, reissuance of the
certificate or permit shall be automatic after the person provides the
authority a release issued by the department of social and health services
stating that the person is in compliance with the order.
Sec.
843. RCW
43.70.115 and 1991 c 3 s 377 are each amended to read as follows:
This
section governs the denial of an application for a license or the suspension,
revocation, or modification of a license by the department. This section does
not govern actions taken under chapter 18.130 RCW.
(1)
The department shall give written notice of the denial of an application for a
license to the applicant or his or her agent. The department shall give
written notice of revocation, suspension, or modification of a license to the
licensee or his or her agent. The notice shall state the reasons for the
action. The notice shall be personally served in the manner of service of a
summons in a civil action or shall be given in ((an other [another])) another
manner that shows proof of receipt.
(2)
Except as otherwise provided in this subsection and in subsection (4) of this
section, revocation, suspension, or modification is effective twenty-eight days
after the licensee or the agent receives the notice.
(a)
The department may make the date the action is effective later than twenty-eight
days after receipt. If the department does so, it shall state the effective
date in the written notice given the licensee or agent.
(b)
The department may make the date the action is effective sooner than
twenty-eight days after receipt when necessary to protect the public health,
safety, or welfare. When the department does so, it shall state the effective
date and the reasons supporting the effective date in the written notice given
to the licensee or agent.
(c)
When the department has received certification pursuant to chapter 74.20A RCW
from the department of social and health services that the licensee is a person
who is not in compliance with a child support order or an order from a court
stating that the licensee is in noncompliance with a residential or visitation
order under chapter 26.09 RCW, the department shall provide that the suspension
is effective immediately upon receipt of the suspension notice by the licensee.
(3)
Except for licensees suspended for noncompliance with a child support order
under chapter 74.20A RCW or noncompliance with a residential or visitation
order under chapter 26.09 RCW, a license applicant or licensee who is
aggrieved by a department denial, revocation, suspension, or modification has
the right to an adjudicative proceeding. The proceeding is governed by the
Administrative Procedure Act, chapter 34.05 RCW. The application must be in
writing, state the basis for contesting the adverse action, include a copy of
the adverse notice, be served on and received by the department within
twenty-eight days of the license applicant's or licensee's receiving the
adverse notice, and be served in a manner that shows proof of receipt.
(4)(a)
If the department gives a licensee twenty-eight or more days notice of
revocation, suspension, or modification and the licensee files an appeal before
its effective date, the department shall not implement the adverse action until
the final order has been entered. The presiding or reviewing officer may
permit the department to implement part or all of the adverse action while the
proceedings are pending if the appellant causes an unreasonable delay in the
proceeding, if the circumstances change so that implementation is in the public
interest, or for other good cause.
(b)
If the department gives a licensee less than twenty-eight days notice of
revocation, suspension, or modification and the licensee timely files a
sufficient appeal, the department may implement the adverse action on the
effective date stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of the adverse
action while the proceedings are pending if staying implementation is in the
public interest or for other good cause.
Sec.
844. RCW
19.28.310 and 1996 c 241 s 5 are each amended to read as follows:
(1)
The department has the power, in case of serious noncompliance with the
provisions of this chapter, to revoke or suspend for such a period as it
determines, any electrical contractor license or electrical contractor
administrator certificate issued under this chapter. The department shall
notify the holder of the license or certificate of the revocation or suspension
by certified mail. A revocation or suspension is effective twenty days after
the holder receives the notice. Any revocation or suspension is subject to
review by an appeal to the board. The filing of an appeal stays the effect of
a revocation or suspension until the board makes its decision. The appeal
shall be filed within twenty days after notice of the revocation or suspension
is given by certified mail sent to the address of the holder of the license or
certificate as shown on the application for the license or certificate, and
shall be effected by filing a written notice of appeal with the department,
accompanied by a certified check for two hundred dollars, which shall be
returned to the holder of the license or certificate if the decision of the
department is not sustained by the board. The hearing shall be conducted in
accordance with chapter 34.05 RCW. If the board sustains the decision of the
department, the two hundred dollars shall be applied by the department to the
payment of the per diem and expenses of the members of the board incurred in
the matter, and any balance remaining after payment of per diem and expenses
shall be paid into the electrical license fund.
(2)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
Sec.
845. RCW
19.28.580 and 1988 c 81 s 15 are each amended to read as follows:
(1)
The department may revoke any certificate of competency upon the following
grounds:
(a)
The certificate was obtained through error or fraud;
(b)
The holder thereof is judged to be incompetent to work in the electrical
construction trade as a journeyman electrician or specialty electrician;
(c)
The holder thereof has violated any of the provisions of RCW 19.28.510 through
19.28.620 or any rule adopted under this chapter.
(2)
Before any certificate of competency shall be revoked, the holder shall be
given written notice of the department's intention to do so, mailed by
registered mail, return receipt requested, to the holder's last known address.
The notice shall enumerate the allegations against the holder, and shall give
the holder the opportunity to request a hearing before the board. At the
hearing, the department and the holder may produce witnesses and give
testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW.
The board shall render its decision based upon the testimony and evidence
presented, and shall notify the parties immediately upon reaching its
decision. A majority of the board shall be necessary to render a decision.
(3)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
Sec.
846. RCW
19.30.060 and 1985 c 280 s 6 are each amended to read as follows:
Any
person may protest the grant or renewal of a license under this section. The
director may revoke, suspend, or refuse to issue or renew any license when it
is shown that:
(1)
The farm labor contractor or any agent of the contractor has violated or
failed to comply with any of the provisions of this chapter;
(2)
The farm labor contractor has made any misrepresentations or false statements
in his or her application for a license;
(3)
The conditions under which the license was issued have changed or no longer
exist;
(4)
The farm labor contractor, or any agent of the contractor, has violated or
wilfully aided or abetted any person in the violation of, or failed to comply
with, any law of the state of Washington regulating employment in agriculture,
the payment of wages to farm employees, or the conditions, terms, or places of
employment affecting the health and safety of farm employees, which is
applicable to the business activities, or operations of the contractor in his
or her capacity as a farm labor contractor;
(5)
The farm labor contractor or any agent of the contractor has in recruiting farm
labor solicited or induced the violation of any then existing contract of
employment of such laborers; or
(6)
The farm labor contractor or any agent of the contractor has an unsatisfied
judgment against him or her in any state or federal court, arising out of his
or her farm labor contracting activities.
The
director shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
847. RCW
19.16.120 and 1994 c 195 s 3 are each amended to read as follows:
In
addition to other provisions of this chapter, any license issued pursuant to
this chapter or any application therefor may be denied, not renewed, revoked,
or suspended, or in lieu of or in addition to suspension a licensee may be
assessed a civil, monetary penalty in an amount not to exceed one thousand
dollars:
(1)
If an individual applicant or licensee is less than eighteen years of age or is
not a resident of this state.
(2)
If an applicant or licensee is not authorized to do business in this state.
(3)
If the application or renewal forms required by this chapter are incomplete,
fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been
paid, and the surety bond or cash deposit or other negotiable security
acceptable to the director required by RCW 19.16.190, if applicable, has not
been filed or renewed or is canceled.
(4)
If any individual applicant, owner, officer, director, or managing employee of
a nonindividual applicant or licensee:
(a)
Shall have knowingly made a false statement of a material fact in any
application for a collection agency license or an out-of-state collection
agency license or renewal thereof, or in any data attached thereto and two
years have not elapsed since the date of such statement;
(b)
Shall have had a license to engage in the business of a collection agency or
out-of-state collection agency denied, not renewed, suspended, or revoked by
this state, any other state, or foreign country, for any reason other than the
nonpayment of licensing fees or failure to meet bonding requirements:
PROVIDED, That the terms of this subsection shall not apply if:
(i)
Two years have elapsed since the time of any such denial, nonrenewal, or
revocation; or
(ii)
The terms of any such suspension have been fulfilled;
(c)
Has been convicted in any court of any felony involving forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, or conspiracy to
defraud and is incarcerated for that offense or five years have not elapsed
since the date of such conviction;
(d)
Has had any judgment entered against him in any civil action involving forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion, or
conspiracy to defraud and five years have not elapsed since the date of the
entry of the final judgment in said action: PROVIDED, That in no event shall a
license be issued unless the judgment debt has been discharged;
(e)
Has had his license to practice law suspended or revoked and two years have not
elapsed since the date of such suspension or revocation, unless he has been
relicensed to practice law in this state;
(f)
Has had any judgment entered against him or it under the provisions of RCW
19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and
two years have not elapsed since the entry of the final judgment: PROVIDED,
That in no event shall a license be issued unless the terms of such judgment,
if any, have been fully complied with: PROVIDED FURTHER, That said judgment
shall not be grounds for denial, suspension, nonrenewal, or revocation of a
license unless the judgment arises out of and is based on acts of the
applicant, owner, officer, director, managing employee, or licensee while
acting for or as a collection agency or an out-of-state collection agency;
(g)
Has petitioned for bankruptcy, and two years have not elapsed since the filing
of said petition;
(h)
Shall be insolvent in the sense that his or its liabilities exceed his or its
assets or in the sense that he or it cannot meet his or its obligations as they
mature;
(i)
Has failed to pay any civil, monetary penalty assessed in accordance with RCW
19.16.351 or 19.16.360 within ten days after the assessment becomes final;
(j)
Has knowingly failed to comply with, or violated any provisions of this chapter
or any rule or regulation issued pursuant to this chapter, and two years have
not elapsed since the occurrence of said noncompliance or violation; or
(k)
Has been found by a court of competent jurisdiction to have violated the
federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the
Washington state consumer protection act, chapter 19.86 RCW, and two years have
not elapsed since that finding.
Except
as otherwise provided in this section, any person who is engaged in the
collection agency business as of January 1, 1972 shall, upon filing the
application, paying the fees, and filing the surety bond or cash deposit or
other negotiable security in lieu of bond required by this chapter, be issued a
license ((hereunder)) under this chapter.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to section 802 of this
act by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of the license or certificate shall be automatic
upon the director's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the order.
Sec.
848. RCW
19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:
(1)
In accordance with the provisions of chapter 34.05 RCW as now or as hereafter
amended, the director may by order deny, suspend or revoke the license of any
employment agency if he finds that the applicant or licensee:
(((1)))
(a) Was previously the holder of a license issued under this chapter,
which was revoked for cause and never reissued by the director, or which
license was suspended for cause and the terms of the suspension have not been
fulfilled;
(((2)))
(b) Has been found guilty of any felony within the past five years
involving moral turpitude, or for any misdemeanor concerning fraud or
conversion, or suffering any judgment in any civil action involving wilful
fraud, misrepresentation or conversion;
(((3)))
(c) Has made a false statement of a material fact in his application or
in any data attached thereto;
(((4)))
(d) Has violated any provisions of this chapter, or failed to comply
with any rule or regulation issued by the director pursuant to this chapter.
(2)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
849. RCW
19.32.060 and 1943 c 117 s 5 are each amended to read as follows:
(1)
The director of agriculture may cancel or suspend any such license if he finds
after proper investigation that (a) the licensee has violated any provision of
this chapter or of any other law of this state relating to the operation of
refrigerated lockers or of the sale of any human food in connection therewith,
or any regulation effective under any act the administration of which is in the
charge of the department of agriculture, or (b) the licensed refrigerated
locker premises or any equipment used therein or in connection therewith is in
an unsanitary condition and the licensee has failed or refused to remedy the
same within ten days after receipt from the director of agriculture of written
notice to do so.
(2)
No license shall be revoked or suspended by the director without delivery to
the licensee of a written statement of the charge involved and an opportunity
to answer such charge within ten days from the date of such notice.
(3)
Any order made by the director suspending or revoking any license may be
reviewed by certiorari in the superior court of the county in which the
licensed premises are located, within ten days from the date notice in writing
of the director's order revoking or suspending such license has been served
upon him.
(4)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
850. RCW
19.105.380 and 1988 c 159 s 14 are each amended to read as follows:
(1)
A registration or an application for registration of camping resort contracts
or renewals thereof may by order be denied, suspended, or revoked if the
director finds that:
(a)
The advertising, sales techniques, or trade practices of the applicant,
registrant, or its affiliate or agent have been or are deceptive, false, or
misleading;
(b)
The applicant or registrant has failed to file copies of the camping resort
contract form under RCW 19.105.360;
(c)
The applicant, registrant, or affiliate has failed to comply with any provision
of this chapter, the rules adopted or the conditions of a permit granted under
this chapter, or a stipulation or final order previously entered into by the
operator or issued by the department under this chapter;
(d)
The applicant's, registrant's, or affiliate's offering of camping resort
contracts has worked or would work a fraud upon purchasers or owners of camping
resort contracts;
(e)
The camping resort operator or any officer, director, or affiliate of the
camping resort operator has been within the last five years convicted of or
pleaded nolo contendre to any misdemeanor or felony involving conversion,
embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any
civil penalty assessed for a finding of dishonest dealing or fraud in a civil
suit, or been found to have engaged in any violation of any act designed to
protect consumers, or has been engaged in dishonest practices in any industry
involving sales to consumers;
(f)
The applicant or registrant has represented or is representing to purchasers in
connection with the offer or sale of a camping resort contract that a camping
resort property, facility, amenity camp site, or other development is planned,
promised, or required, and the applicant or registrant has not provided the
director with a security or assurance of performance as required by this
chapter;
(g)
The applicant or registrant has not provided or is no longer providing the
director with the necessary security arrangements to assure future availability
of titles or properties as required by this chapter or agreed to in the permit
to market;
(h)
The applicant or registrant is or has been employing unregistered salespersons
or offering or proposing a membership referral program not in compliance with
this chapter;
(i)
The applicant or registrant has breached any escrow, impound, reserve account,
or trust arrangement or the conditions of an order or permit to market required
by this chapter;
(j)
The applicant or registrant has breached any stipulation or order entered into
in settlement of the department's filing of a previous administrative action;
(k)
The applicant or registrant has filed or caused to be filed with the director
any document or affidavit, or made any statement during the course of a
registration or exemption procedure with the director, that is materially
untrue or misleading;
(l)
The applicant or registrant has engaged in a practice of failing to provide the
written disclosures to purchasers or prospective purchasers as required under
this chapter;
(m)
The applicant, registrant, or any of its officers, directors, or employees, if the
operator is other than a natural person, have wilfully done, or permitted any
of their salespersons or agents to do, any of the following:
(i)
Engage in a pattern or practice of making untrue or misleading statements of a
material fact, or omitting to state a material fact;
(ii)
Employ any device, scheme, or artifice to defraud purchasers or members;
(iii)
Engage in a pattern or practice of failing to provide the written disclosures
to purchasers or prospective purchasers as required under this chapter;
(n)
The applicant or registrant has failed to provide a bond, letter of credit, or
other arrangement to assure delivery of promised gifts, prizes, awards, or
other items of consideration, as required under this chapter, breached such a
security arrangement, or failed to maintain such a security arrangement in
effect because of a resignation or loss of a trustee, impound, or escrow agent;
(o)
The applicant or registrant has engaged in a practice of selling contracts
using material amendments or codicils that have not been filed or are the
consequences of breaches or alterations in previously filed contracts;
(p)
The applicant or registrant has engaged in a practice of selling or proposing
to sell contracts in a ratio of contracts to sites available in excess of that
filed in the affidavit required by this chapter;
(q)
The camping resort operator has withdrawn, has the right to withdraw, or is
proposing to withdraw from use all or any portion of any camping resort
property devoted to the camping resort program, unless:
(i)
Adequate provision has been made to provide within a reasonable time thereafter
a substitute property in the same general area that is at least as desirable
for the purpose of camping and outdoor recreation;
(ii)
The property is withdrawn because, despite good faith efforts by the camping
resort operator, a nonaffiliate of the camping resort has exercised a right of
withdrawal from use by the camping resort (such as withdrawal following
expiration of a lease of the property to the camping resort) and the terms of
the withdrawal right have been disclosed in writing to all purchasers at or
prior to the time of any sales of camping resort contracts after the camping
resort has represented to purchasers that the property is or will be available
for camping or recreation purposes;
(iii)
The specific date upon which the withdrawal becomes effective has been
disclosed in writing to all purchasers and members prior to the time of any
sales of camping resort contracts after the camping resort has represented to
purchasers that the property is or will be available for camping or recreation
purposes;
(iv)
The rights of members and owners of the camping resort contracts under the
express terms of the camping resort contract have expired, or have been
specifically limited, upon the lapse of a stated or determinable period of
time, and the director by order has found that the withdrawal is not otherwise
inconsistent with the protection of purchasers or the desire of the majority of
the owners of camping resort contracts, as expressed in their previously
obtained vote of approval;
(r)
The format, form, or content of the written disclosures provided therein is not
complete, full, or materially accurate, or statements made therein are
materially false, misleading, or deceptive;
(s)
The applicant or registrant has failed or declined to respond to any subpoena
lawfully issued and served by the department under this chapter;
(t)
The applicant or registrant has failed to file an amendment for a material change
in the manner or at the time required under this chapter or its implementing
rules;
(u)
The applicant or registrant has filed voluntarily or been placed involuntarily
into a federal bankruptcy or is proposing to do so; or
(v)
A camping resort operator's rights or interest in a campground has been
terminated by foreclosure or the operations in a camping resort have been
terminated in a manner contrary to contract provisions.
(2)
Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f),
(h), (i), (j), (l), (m), or (n) of this section may be fined by the director in
an amount not to exceed one thousand dollars for each such violation.
Proceedings seeking such fines shall be held in accordance with chapter 34.05
RCW and may be filed either separately or in conjunction with other
administrative proceedings to deny, suspend, or revoke registrations authorized
under this chapter. Fines collected from such proceedings shall be deposited
in the state general fund.
(3)
An operator, registrant, or applicant against whom administrative or legal
proceedings have been filed shall be responsible for and shall reimburse the
state, by payment into the general fund, for all administrative and legal costs
actually incurred by the department in issuing, processing, and conducting any
such administrative or legal proceeding authorized under this chapter that
results in a final legal or administrative determination of any type or degree
in favor of the department.
(4)
No order may be entered under this section without appropriate prior notice to
the applicant or registrant of opportunity for a hearing and written findings
of fact and conclusions of law, except that the director may by order summarily
deny an application for registration or renewal under any of the above
subsections and may summarily suspend or revoke a registration under subsection
(1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine
may be imposed by summary order.
(5)
The proceedings to deny an application or renewal, suspend or revoke a
registration or permit, whether summarily or otherwise, or impose a fine shall
be held in accordance with chapter 34.05 RCW.
(6)
The director may enter into assurances of discontinuance in lieu of issuing a
statement of charges or a cease and desist order or conducting a hearing under
this chapter. The assurances shall consist of a statement of the law in
question and an agreement not to violate the stated provision. The applicant
or registrant shall not be required to admit to any violation of the law, nor
shall the assurance be construed as such an admission. Violating or breaching
an assurance under this subsection is grounds for suspension or revocation of
registration or imposition of a fine.
(7)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
851. RCW
19.105.440 and 1988 c 159 s 21 are each amended to read as follows:
(1)
A salesperson may apply for registration by filing in a complete and readable
form with the director an application form provided by the director which
includes the following:
(a)
A statement whether or not the applicant within the past five years has been
convicted of, pleaded nolo contendre to, or been ordered to serve probation for
a period of a year or more for any misdemeanor or felony involving conversion,
embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined
from, had any civil penalty assessed for, or been found to have engaged in any
violation of any act designed to protect consumers;
(b)
A statement fully describing the applicant's employment history for the past
five years and whether or not any termination of employment during the last
five years was the result of any theft, fraud, or act of dishonesty;
(c)
A consent to service comparable to that required of operators under this
chapter; and
(d)
Required filing fees.
(2)
The director may by order deny, suspend, or revoke a camping resort
salesperson's registration or application for registration under this chapter
or the person's license or application under chapter 18.85 RCW, or impose a
fine on such persons not exceeding two hundred dollars per violation, if the
director finds that the order is necessary for the protection of purchasers or
owners of camping resort contracts and the applicant or registrant is guilty
of:
(a)
Obtaining registration by means of fraud, misrepresentation, or concealment, or
through the mistake or inadvertence of the director;
(b)
Violating any of the provisions of this chapter or any lawful rules adopted by
the director pursuant thereto;
(c)
Being convicted in a court of competent jurisdiction of this or any other
state, or federal court, of forgery, embezzlement, obtaining money under false
pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar
offense or offenses. For the purposes of this section, "being
convicted" includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction, and all proceedings in which the
sentence has been deferred or suspended;
(d)
Making, printing, publishing, distributing, or causing, authorizing, or
knowingly permitting the making, printing, publication, or distribution of
false statements, descriptions, or promises of such character as to reasonably
induce any person to act thereon, if the statements, descriptions, or promises
purport to be made or to be performed by either the applicant or registrant and
the applicant or registrant then knew or, by the exercise of reasonable care
and inquiry, could have known, of the falsity of the statements, descriptions,
or promises;
(e)
Knowingly committing, or being a party to, any material fraud,
misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device
whereby any other person lawfully relies upon the work, representation, or
conduct of the applicant or registrant;
(f)
Failing, upon demand, to disclose to the director or the director's authorized
representatives acting by authority of law any information within his or her
knowledge or to produce for inspection any document, book or record in his or
her possession, which is material to the salesperson's registration or
application for registration;
(g)
Continuing to sell camping resort contracts in a manner whereby the interests
of the public are endangered, if the director has, by order in writing, stated
objections thereto;
(h)
Committing any act of fraudulent or dishonest dealing or a crime involving
moral turpitude, and a certified copy of the final holding of any court of
competent jurisdiction in such matter shall be conclusive evidence in any
hearing under this chapter;
(i)
Misrepresentation of membership in any state or national association; or
(j)
Discrimination against any person in hiring or in sales activity on the basis
of race, color, creed, or national origin, or violating any state or federal
antidiscrimination law.
(3)
No order may be entered under this section without appropriate prior notice to
the applicant or registrant of opportunity for a hearing and written findings
of fact and conclusions of law, except that the director may by order summarily
deny an application for registration under this section.
(4)
The proceedings to deny an application or renewal, suspend or revoke a
registration or permit, whether summarily or otherwise, or impose a fine shall
be held in accordance with chapter 34.05 RCW.
(5)
The director, subsequent to any complaint filed against a salesperson or
pursuant to an investigation to determine violations, may enter into stipulated
assurances of discontinuances in lieu of issuing a statement of charges or a
cease and desist order or conducting a hearing. The assurance shall consist of
a statement of the law in question and an agreement not to violate the stated
provision. The salesperson shall not be required to admit to any violation of
the law, nor shall the assurance be construed as such an admission. Violation
of an assurance under this subsection is grounds for a disciplinary action, a
suspension of registration, or a fine not to exceed one thousand dollars.
(6)
The director may by rule require such further information or conditions for
registration as a camping resort salesperson, including qualifying examinations
and fingerprint cards prepared by authorized law enforcement agencies, as the
director deems necessary to protect the interests of purchasers.
(7)
Registration as a camping resort salesperson shall be effective for a period of
one year unless the director specifies otherwise or the salesperson transfers
employment to a different registrant. Registration as a camping resort
salesperson shall be renewed annually, or at the time of transferring
employment, whichever occurs first, by the filing of a form prescribed by the
director for that purpose.
(8)
It is unlawful for a registrant of camping resort contracts to employ or a
person to act as a camping resort salesperson covered under this section unless
the salesperson has in effect with the department and displays a valid
registration in a conspicuous location at each of the sales offices at which
the salesperson is employed. It is the responsibility of both the operator and
the salesperson to notify the department when and where a salesperson is
employed, his or her responsibilities and duties, and when the salesperson's
employment or reported duties are changed or terminated.
(9)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
852. RCW
19.138.130 and 1996 c 180 s 6 are each amended to read as follows:
(1)
The director may deny, suspend, or revoke the registration of a seller of
travel if the director finds that the applicant:
(a)
Was previously the holder of a registration issued under this chapter, and the
registration was revoked for cause and never reissued by the director, or the
registration was suspended for cause and the terms of the suspension have not
been fulfilled;
(b)
Has been found guilty of a felony within the past five years involving moral
turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a
judgment in a civil action involving willful fraud, misrepresentation, or
conversion;
(c)
Has made a false statement of a material fact in an application under this
chapter or in data attached to it;
(d)
Has violated this chapter or failed to comply with a rule adopted by the
director under this chapter;
(e)
Has failed to display the registration as provided in this chapter;
(f)
Has published or circulated a statement with the intent to deceive,
misrepresent, or mislead the public; or
(g)
Has committed a fraud or fraudulent practice in the operation and conduct of a
travel agency business, including, but not limited to, intentionally misleading
advertising.
(2)
If the seller of travel is found in violation of this chapter or in violation
of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment
or by settlement of a claim, the director may revoke the registration of the
seller of travel, and the director may reinstate the registration at the
director's discretion.
(3)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
853. RCW
19.158.050 and 1989 c 20 s 5 are each amended to read as follows:
(1)
In order to maintain or defend a lawsuit or do any business in this state, a
commercial telephone solicitor must be registered with the department of
licensing. Prior to doing business in this state, a commercial telephone
solicitor shall register with the department of licensing. Doing business in
this state includes both commercial telephone solicitation from a location in
Washington and solicitation of purchasers located in Washington.
(2)
The department of licensing, in registering commercial telephone solicitors,
shall have the authority to require the submission of information necessary to
assist in identifying and locating a commercial telephone solicitor, including
past business history, prior judgments, and such other information as may be
useful to purchasers.
(3)
The department of licensing shall issue a registration number to the commercial
telephone solicitor.
(4)
It is a violation of this chapter for a commercial telephone solicitor to:
(a)
Fail to maintain a valid registration;
(b)
Advertise that one is registered as a commercial telephone solicitor or to
represent that such registration constitutes approval or endorsement by any
government or governmental office or agency;
(c)
Provide inaccurate or incomplete information to the department of licensing
when making a registration application; or
(d)
Represent that a person is registered or that such person has a valid
registration number when such person does not.
(5)
An annual registration fee shall be assessed by the department of licensing,
the amount of which shall be determined at the discretion of the director of
the department of licensing, and which shall be reasonably related to the cost
of administering the provisions of this chapter.
(6)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
Sec.
854. RCW
19.166.040 and 1995 c 60 s 2 are each amended to read as follows:
(1)
An application for registration as an international student exchange visitor
placement organization shall be submitted in the form prescribed by the secretary
of state. The application shall include:
(a)
Evidence that the organization meets the standards established by the secretary
of state under RCW 19.166.050;
(b)
The name, address, and telephone number of the organization, its chief
executive officer, and the person within the organization who has primary
responsibility for supervising placements within the state;
(c)
The organization's unified business identification number, if any;
(d)
The organization's United States Information Agency number, if any;
(e)
Evidence of council on standards for international educational travel listing,
if any;
(f)
Whether the organization is exempt from federal income tax; and
(g)
A list of the organization's placements in Washington for the previous academic
year including the number of students placed, their home countries, the school
districts in which they were placed, and the length of their placements.
(2)
The application shall be signed by the chief executive officer of the
organization and the person within the organization who has primary
responsibility for supervising placements within Washington. If the secretary
of state determines that the application is complete, the secretary of state
shall file the application and the applicant is registered.
(3)
International student exchange visitor placement organizations that have
registered shall inform the secretary of state of any changes in the
information required under subsection (1) of this section within thirty days of
the change.
(4)
Registration shall be renewed annually as established by rule by the office of
the secretary of state.
(5)
The office of the secretary of state shall immediately suspend the license or
certificate of a person who has been certified pursuant to section 802 of this
act by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of the license or certificate shall be automatic
upon the office of the secretary of state's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
NEW
SECTION. Sec. 855. A
new section is added to chapter 20.01 RCW to read as follows:
The director shall immediately suspend the license or certificate
of a person who has been certified pursuant to section 802 of this act by the
department of social and health services as a person who is not in compliance
with a support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the director's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the order.
Sec.
856. RCW
21.20.110 and 1994 c 256 s 10 are each amended to read as follows:
The
director may by order deny, suspend, or revoke registration of any
broker-dealer, salesperson, investment adviser representative, or investment
adviser; censure or fine the registrant or an officer, director, partner, or
person occupying similar functions for a registrant; or restrict or limit a
registrant's function or activity of business for which registration is
required in this state; if the director finds that the order is in the public interest
and that the applicant or registrant or, in the case of a broker-dealer or
investment adviser, any partner, officer, or director:
(1)
Has filed an application for registration under this section which, as of its
effective date, or as of any date after filing in the case of an order denying
effectiveness, was incomplete in any material respect or contained any
statement which was, in the light of the circumstances under which it was made,
false, or misleading with respect to any material fact;
(2)
Has willfully violated or willfully failed to comply with any provision of this
chapter or a predecessor act or any rule or order under this chapter or a
predecessor act, or any provision of chapter 21.30 RCW or any rule or order
thereunder;
(3)
Has been convicted, within the past five years, of any misdemeanor involving a
security, or a commodity contract or commodity option as defined in RCW
21.30.010, or any aspect of the securities or investment commodities business,
or any felony involving moral turpitude;
(4)
Is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of
the securities or investment commodities business;
(5)
Is the subject of an order of the director denying, suspending, or revoking
registration as a broker-dealer, salesperson, investment adviser, or investment
adviser representative;
(6)
Is the subject of an order entered within the past five years by the securities
administrator of any other state or by the federal securities and exchange
commission denying or revoking registration as a broker-dealer or salesperson,
or a commodity broker-dealer or sales representative, or the substantial
equivalent of those terms as defined in this chapter or by the commodity
futures trading commission denying or revoking registration as a commodity
merchant as defined in RCW 21.30.010, or is the subject of an order of
suspension or expulsion from membership in or association with a
self-regulatory organization registered under the securities exchange act of
1934 or the federal commodity exchange act, or is the subject of a United
States post office fraud order; but (a) the director may not institute a
revocation or suspension proceeding under this clause more than one year from
the date of the order relied on, and (b) the director may not enter any order
under this clause on the basis of an order unless that order was based on facts
which would currently constitute a ground for an order under this section;
(7)
Has engaged in dishonest or unethical practices in the securities or investment
commodities business;
(8)
Is insolvent, either in the sense that his or her liabilities exceed his or her
assets or in the sense that he or she cannot meet his or her obligations as
they mature; but the director may not enter an order against a broker-dealer or
investment adviser under this clause without a finding of insolvency as to the
broker-dealer or investment adviser;
(9)
Has not complied with a condition imposed by the director under RCW 21.20.100,
or is not qualified on the basis of such factors as training, experience, or
knowledge of the securities business; or
(10)(a)
Has failed to supervise reasonably a salesperson or an investment adviser
representative. For the purposes of this subsection, no person fails to
supervise reasonably another person, if:
(i)
There are established procedures, and a system for applying those procedures,
that would reasonably be expected to prevent and detect, insofar as practicable,
any violation by another person of this chapter, or a rule or order under this
chapter; and
(ii)
The supervising person has reasonably discharged the duties and obligations
required by these procedures and system without reasonable cause to believe
that another person was violating this chapter or rules or orders under this
chapter.
(b)
The director may issue a summary order pending final determination of a
proceeding under this section upon a finding that it is in the public interest
and necessary or appropriate for the protection of investors. The director may
not impose a fine under this section except after notice and opportunity for
hearing. The fine imposed under this section may not exceed five thousand
dollars for each act or omission that constitutes the basis for issuing the
order.
The
director shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
NEW
SECTION. Sec. 857. A
new section is added to chapter 48.17 RCW to read as follows:
The
commissioner shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the commissioner's
receipt of a release issued by the department of social and health services
stating that the licensee is in compliance with the order.
NEW
SECTION. Sec. 858. A
new section is added to chapter 74.15 RCW to read as follows:
The
secretary shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the secretary's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
NEW
SECTION. Sec. 859. A
new section is added to chapter 47.68 RCW to read as follows:
The
department shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
NEW
SECTION. Sec. 860. A
new section is added to chapter 71.12 RCW to read as follows:
The
department of health shall immediately suspend the license or certificate of a
person who has been certified pursuant to section 802 of this act by the
department of social and health services as a person who is not in compliance
with a support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the department of health's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the
order.
NEW
SECTION. Sec. 861. A
new section is added to chapter 66.20 RCW to read as follows:
The
board shall immediately suspend the license of a person who has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
NEW
SECTION. Sec. 862. A
new section is added to chapter 66.24 RCW to read as follows:
The
board shall immediately suspend the license of a person who has been certified
pursuant to section 802 of this act by the department of social and health
services as a person who is not in compliance with a support order or a
residential or visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
NEW
SECTION. Sec. 863. A
new section is added to chapter 88.02 RCW to read as follows:
The
department shall immediately suspend the vessel registration or vessel dealer's
registration of a person who has been certified pursuant to section 802 of this
act by the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order. If the
person has continued to meet all other requirements for reinstatement during
the suspension, reissuance of the registration shall be automatic upon the
department's receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the order.
Sec.
864. RCW
67.08.100 and 1993 c 278 s 20 are each amended to read as follows:
(1)
The department may grant annual licenses upon application in compliance with
the rules and regulations prescribed by the director, and the payment of the
fees, the amount of which is to be set by the director in accordance with RCW
43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers, and
seconds: PROVIDED, That the provisions of this section shall not apply to
contestants or participants in strictly amateur contests and/or fraternal
organizations and/or veterans' organizations chartered by congress or the
defense department or any bona fide athletic club which is a member of the
Pacific northwest association of the amateur athletic union of the United
States, holding and promoting athletic contests and where all funds are used
primarily for the benefit of their members.
(2)
Any such license may be revoked by the department for any cause which it shall
deem sufficient.
(3)
No person shall participate or serve in any of the above capacities unless
licensed as provided in this chapter.
(4)
The referee for any boxing contest shall be designated by the department from
among such licensed referees.
(5)
The referee for any wrestling exhibition or show shall be provided by the
promoter and licensed by the department.
(6)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
Sec.
865. RCW
19.02.100 and 1991 c 72 s 8 are each amended to read as follows:
(1)
The department shall not issue or renew a master license to any person if:
(a)
The person does not have a valid tax registration, if required;
(b)
The person is a corporation delinquent in fees or penalties owing to the
secretary of state or is not validly registered under Title 23B RCW, chapter
18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which
gives corporate or business licensing responsibilities to the secretary of
state; or
(c)
The person has not submitted the sum of all fees and deposits required for the
requested individual license endorsements, any outstanding master license
delinquency fee, or other fees and penalties to be collected through the system.
(2)
Nothing in this section shall prevent registration by the state of an employer
for the purpose of paying an employee of that employer industrial insurance or
unemployment insurance benefits.
(3)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
Sec.
866. RCW
43.24.080 and 1979 c 158 s 99 are each amended to read as follows:
Except
as provided in section 869 of this act, at the close of each examination
the department of licensing shall prepare the proper licenses, where no further
fee is required to be paid, and issue licenses to the successful applicants
signed by the director and notify all successful applicants, where a further
fee is required, of the fact that they are entitled to receive such license
upon the payment of such further fee to the department of licensing and notify
all applicants who have failed to pass the examination of that fact.
Sec.
867. RCW
43.24.110 and 1986 c 259 s 149 are each amended to read as follows:
Except
as provided in section 869 of this act, whenever there is filed in a matter
under the jurisdiction of the director of licensing any complaint charging that
the holder of a license has been guilty of any act or omission which by the
provisions of the law under which the license was issued would warrant the
revocation thereof, verified in the manner provided by law, the director of
licensing shall request the governor to appoint, and the governor shall appoint
within thirty days of the request, two qualified practitioners of the
profession or calling of the person charged, who, with the director or his duly
appointed representative, shall constitute a committee to hear and determine
the charges and, in case the charges are sustained, impose the penalty provided
by law. In addition, the governor shall appoint a consumer member of the
committee.
The
decision of any three members of such committee shall be the decision of the
committee.
The
appointed members of the committee shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for their travel expenses, in accordance with
RCW 43.03.050 and 43.03.060.
Sec.
868. RCW
43.24.120 and 1987 c 202 s 212 are each amended to read as follows:
Except
as provided in section 869 of this act, any person feeling aggrieved by the
refusal of the director to issue a license, or to renew one, or by the
revocation or suspension of a license shall have a right of appeal to superior
court from the decision of the director of licensing, which shall be taken,
prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.
The
decision of the superior court may be reviewed by the supreme court or the
court of appeals in the same manner as other civil cases.
NEW
SECTION. Sec. 869. A
new section is added to chapter 43.24 RCW to read as follows:
The department shall immediately suspend any license issued by the
department of licensing of a person who has been certified pursuant to section
802 of this act by the department of social and health services as a person who
is not in compliance with a support order or a residential or visitation
order. If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license shall be
automatic upon the department's receipt of a release issued by the department
of social and health services stating that the licensee is in compliance with
the order.
Sec.
870. RCW
70.74.110 and 1988 c 198 s 5 are each amended to read as follows:
All
persons engaged in the manufacture of explosives, or any process involving
explosives, or where explosives are used as a component part in the manufacture
of any article or device, on ((the date when this 1969 amendatory act takes
effect)) August 11, 1969, shall within sixty days thereafter, and
all persons engaging in the manufacture of explosives, or any process involving
explosives, or where explosives are used as a component part in the manufacture
of any article or device after ((this act takes effect)) August 11,
1969, shall, before so engaging, make an application in writing, subscribed
to by such person or his agent, to the department of labor and industries, the
application stating:
(1)
Location of place of manufacture or processing;
(2)
Kind of explosives manufactured, processed or used;
(3)
The distance that such explosives manufacturing building is located or intended
to be located from the other factory buildings, magazines, inhabited buildings,
railroads and highways and public utility transmission systems;
(4)
The name and address of the applicant;
(5)
The reason for desiring to manufacture explosives;
(6)
The applicant's citizenship, if the applicant is an individual;
(7)
If the applicant is a partnership, the names and addresses of the partners, and
their citizenship;
(8)
If the applicant is an association or corporation, the names and addresses of
the officers and directors thereof, and their citizenship; and
(9)
Such other pertinent information as the director of labor and industries shall
require to effectuate the purpose of this chapter.
There
shall be kept in the main office on the premises of each explosives
manufacturing plant a plan of said plant showing the location of all explosives
manufacturing buildings and the distance they are located from other factory
buildings where persons are employed and from magazines, and these plans shall
at all times be open to inspection by duly authorized inspectors of the
department of labor and industries. The superintendent of each plant shall
upon demand of said inspector furnish the following information:
(a)
The maximum amount and kind of explosive material which is or will be present
in each building at one time.
(b)
The nature and kind of work carried on in each building and whether or not said
buildings are surrounded by natural or artificial barricades.
Except
as provided in RCW 70.74.370, the department of labor and industries shall
as soon as possible after receiving such application cause an inspection to be
made of the explosives manufacturing plant, and if found to be in accordance
with RCW 70.74.030 and 70.74.050 and 70.74.061, such department shall issue a
license to the person applying therefor showing compliance with the provisions
of this chapter if the applicant demonstrates that either the applicant or the
officers, agents or employees of the applicant are sufficiently experienced in
the manufacture of explosives and the applicant meets the qualifications for a
license under RCW 70.74.360. Such license shall continue in full force and
effect until expired, suspended, or revoked by the department pursuant to this
chapter.
Sec.
871. RCW
70.74.130 and 1988 c 198 s 7 are each amended to read as follows:
Every
person desiring to engage in the business of dealing in explosives shall apply
to the department of labor and industries for a license therefor. Said
application shall state, among other things:
(1)
The name and address of applicant;
(2)
The reason for desiring to engage in the business of dealing in explosives;
(3)
Citizenship, if an individual applicant;
(4)
If a partnership, the names and addresses of the partners and their
citizenship;
(5)
If an association or corporation, the names and addresses of the officers and
directors thereof and their citizenship; and
(6)
Such other pertinent information as the director of labor and industries shall
require to effectuate the purpose of this chapter.
Except
as provided in RCW 70.74.370, the department of labor and industries shall
issue the license if the applicant demonstrates that either the applicant or
the principal officers, agents, or employees of the applicant are experienced
in the business of dealing in explosives, possess suitable facilities therefor,
have not been convicted of any crime that would warrant revocation or
nonrenewal of a license under this chapter, and have never had an
explosives-related license revoked under this chapter or under similar provisions
of any other state.
Sec.
872. RCW
70.74.370 and 1988 c 198 s 4 are each amended to read as follows:
(1)
The department of labor and industries shall revoke and not renew the license
of any person holding a manufacturer, dealer, purchaser, user, or storage
license upon conviction of any of the following offenses, which conviction has
become final:
(a)
A violent offense as defined in RCW 9.94A.030;
(b)
A crime involving perjury or false swearing, including the making of a false
affidavit or statement under oath to the department of labor and industries in
an application or report made pursuant to this title;
(c)
A crime involving bomb threats;
(d)
A crime involving a schedule I or II controlled substance, or any other drug or
alcohol related offense, unless such other drug or alcohol related offense does
not reflect a drug or alcohol dependency. However, the department of labor and
industries may condition renewal of the license to any convicted person
suffering a drug or alcohol dependency who is participating in an alcoholism or
drug recovery program acceptable to the department of labor and industries and
has established control of their alcohol or drug dependency. The department of
labor and industries shall require the licensee to provide proof of such
participation and control;
(e)
A crime relating to possession, use, transfer, or sale of explosives under this
chapter or any other chapter of the Revised Code of Washington.
(2)
The department of labor and industries shall revoke the license of any person
adjudged to be mentally ill or insane, or to be incompetent due to any mental
disability or disease. The director shall not renew the license until the
person has been restored to competency.
(3)
The department of labor and industries is authorized to suspend, for a period
of time not to exceed six months, the license of any person who has violated
this chapter or the rules promulgated pursuant to this chapter.
(4)
The department of labor and industries may revoke the license of any person who
has repeatedly violated this chapter or the rules promulgated pursuant to this
chapter, or who has twice had his or her license suspended under this chapter.
(5)
The department of labor and industries shall immediately suspend the license
or certificate of a person who has been certified pursuant to section 802 of
this act by the department of social and health services as a person who is not
in compliance with a support order or a residential or visitation order. If
the person has continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate shall be
automatic upon the department of labor and industries' receipt of a release
issued by the department of social and health services stating that the
licensee is in compliance with the order.
(6)
Upon receipt of notification by the department of labor and industries of
revocation or suspension, a licensee must surrender immediately to the
department any or all such licenses revoked or suspended.
Sec.
873. RCW
66.24.010 and 1995 c 232 s 1 are each amended to read as follows:
(1)
Every license shall be issued in the name of the applicant, and the holder
thereof shall not allow any other person to use the license.
(2)
For the purpose of considering any application for a license, the board may
cause an inspection of the premises to be made, and may inquire into all
matters in connection with the construction and operation of the premises. For
the purpose of reviewing any application for a license and for considering the
denial, suspension or revocation of any license, the liquor control board may
consider any prior criminal conduct of the applicant and the provisions of RCW
9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board
may, in its discretion, grant or refuse the license applied for. Authority to
approve an uncontested or unopposed license may be granted by the board to any
staff member the board designates in writing. Conditions for granting such
authority shall be adopted by rule. No retail license of any kind may be
issued to:
(a)
A person who has not resided in the state for at least one month prior to
making application, except in cases of licenses issued to dining places on
railroads, boats, or aircraft;
(b)
A copartnership, unless all of the members thereof are qualified to obtain a
license, as provided in this section;
(c)
A person whose place of business is conducted by a manager or agent, unless
such manager or agent possesses the same qualifications required of the
licensee; or
(d)
A corporation, unless it was created under the laws of the state of Washington
or holds a certificate of authority to transact business in the state of
Washington.
(3)(a)
The board may, in its discretion, subject to the provisions of RCW 66.08.150,
suspend or cancel any license; and all rights of the licensee to keep or sell
liquor thereunder shall be suspended or terminated, as the case may be.
(b)
The board shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the board's receipt of a
release issued by the department of social and health services stating that the
licensee is in compliance with the order.
(c)
The board may request the appointment of administrative law judges under
chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for
the attendance of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive testimony in any
inquiry, investigation, hearing, or proceeding in any part of the state, under
such rules and regulations as the board may adopt.
(d)
Witnesses shall be allowed fees and mileage each way to and from any such
inquiry, investigation, hearing, or proceeding at the rate authorized by RCW
34.05.446, as now or hereafter amended. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or other legal
evidence.
(e)
In case of disobedience of any person to comply with the order of the board or
a subpoena issued by the board, or any of its members, or administrative law
judges, or on the refusal of a witness to testify to any matter regarding which
he or she may be lawfully interrogated, the judge of the superior court of the
county in which the person resides, on application of any member of the board
or administrative law judge, shall compel obedience by contempt proceedings, as
in the case of disobedience of the requirements of a subpoena issued from said
court or a refusal to testify therein.
(4)
Upon receipt of notice of the suspension or cancellation of a license, the
licensee shall forthwith deliver up the license to the board. Where the
license has been suspended only, the board shall return the license to the
licensee at the expiration or termination of the period of suspension. The
board shall notify all vendors in the city or place where the licensee has its
premises of the suspension or cancellation of the license; and no employee may
allow or cause any liquor to be delivered to or for any person at the premises
of that licensee.
(5)(a)
At the time of the original issuance of a class H license, the board shall
prorate the license fee charged to the new licensee according to the number of
calendar quarters, or portion thereof, remaining until the first renewal of
that license is required.
(b)
Unless sooner canceled, every license issued by the board shall expire at
midnight of the thirtieth day of June of the fiscal year for which it was
issued. However, if the board deems it feasible and desirable to do so, it may
establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the
annual renewal dates for any and all licenses authorized by this chapter. If
such a system of staggered annual renewal dates is established by the board,
the license fees provided by this chapter shall be appropriately prorated
during the first year that the system is in effect.
(6)
Every license issued under this section shall be subject to all conditions and
restrictions imposed by this title or by the regulations in force from time to
time. All conditions and restrictions imposed by the board in the issuance of
an individual license shall be listed on the face of the individual license
along with the trade name, address, and expiration date.
(7)
Every licensee shall post and keep posted its license, or licenses, in a
conspicuous place on the premises.
(8)
Before the board shall issue a license to an applicant it shall give notice of
such application to the chief executive officer of the incorporated city or
town, if the application be for a license within an incorporated city or town,
or to the county legislative authority, if the application be for a license
outside the boundaries of incorporated cities or towns; and such incorporated
city or town, through the official or employee selected by it, or the county
legislative authority or the official or employee selected by it, shall have the
right to file with the board within twenty days after date of transmittal of
such notice, written objections against the applicant or against the premises
for which the license is asked, and shall include with such objections a
statement of all facts upon which such objections are based, and in case
written objections are filed, may request and the liquor control board may in
its discretion hold a formal hearing subject to the applicable provisions of
Title 34 RCW. Upon the granting of a license under this title the board shall
send a duplicate of the license or written notification to the chief executive
officer of the incorporated city or town in which the license is granted, or to
the county legislative authority if the license is granted outside the boundaries
of incorporated cities or towns.
(9)
Before the board issues any license to any applicant, it shall give (a) due
consideration to the location of the business to be conducted under such
license with respect to the proximity of churches, schools, and public
institutions and (b) written notice by certified mail of the application to
churches, schools, and public institutions within five hundred feet of the
premises to be licensed. The board shall issue no beer retailer license class
A, B, D, or E or wine retailer license class C or F or class H license covering
any premises not now licensed, if such premises are within five hundred feet of
the premises of any tax-supported public elementary or secondary school
measured along the most direct route over or across established public walks,
streets, or other public passageway from the outer property line of the school
grounds to the nearest public entrance of the premises proposed for license,
and if, after receipt by the school or public institution of the notice as
provided in this subsection, the board receives written notice, within twenty
days after posting such notice, from an official representative or
representatives of the school within five hundred feet of said proposed
licensed premises, indicating to the board that there is an objection to the
issuance of such license because of proximity to a school. For the purpose of
this section, church shall mean a building erected for and used exclusively for
religious worship and schooling or other activity in connection therewith. No
liquor license may be issued or reissued by the board to any motor sports
facility or licensee operating within the motor sports facility unless the
motor sports facility enforces a program reasonably calculated to prevent
alcohol or alcoholic beverages not purchased within the facility from entering
the facility and such program is approved by local law enforcement agencies.
It is the intent under this subsection that a retail license shall not be
issued by the board where doing so would, in the judgment of the board,
adversely affect a private school meeting the requirements for private schools
under Title 28A RCW, which school is within five hundred feet of the proposed
licensee. The board shall fully consider and give substantial weight to
objections filed by private schools. If a license is issued despite the
proximity of a private school, the board shall state in a letter addressed to
the private school the board's reasons for issuing the license.
(10)
The restrictions set forth in subsection (9) of this section shall not prohibit
the board from authorizing the assumption of existing licenses now located
within the restricted area by other persons or licenses or relocations of
existing licensed premises within the restricted area. In no case may the
licensed premises be moved closer to a church or school than it was before the
assumption or relocation.
(11)
Nothing in this section prohibits the board, in its discretion, from issuing a
temporary retail or wholesaler license to an applicant assuming an existing
retail or wholesaler license to continue the operation of the retail or
wholesaler premises during the period the application for the license is
pending and when the following conditions exist:
(a)
The licensed premises has been operated under a retail or wholesaler license
within ninety days of the date of filing the application for a temporary
license;
(b)
The retail or wholesaler license for the premises has been surrendered pursuant
to issuance of a temporary operating license;
(c)
The applicant for the temporary license has filed with the board an application
to assume the retail or wholesaler license at such premises to himself or
herself; and
(d)
The application for a temporary license is accompanied by a temporary license
fee established by the board by rule.
A
temporary license issued by the board under this section shall be for a period
not to exceed sixty days. A temporary license may be extended at the
discretion of the board for an additional sixty-day period upon payment of an
additional fee and upon compliance with all conditions required in this
section.
Refusal
by the board to issue or extend a temporary license shall not entitle the
applicant to request a hearing. A temporary license may be canceled or
suspended summarily at any time if the board determines that good cause for
cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall
apply to temporary licenses.
Application
for a temporary license shall be on such form as the board shall prescribe. If
an application for a temporary license is withdrawn before issuance or is
refused by the board, the fee which accompanied such application shall be
refunded in full.
Sec.
874. RCW
43.63B.040 and 1994 c 284 s 19 are each amended to read as follows:
(1)
The department shall issue a certificate of manufactured home installation to
an applicant who has taken the training course, passed the examination, paid
the fees, and in all other respects ((meet[s])) meets the
qualifications. The certificate shall bear the date of issuance, a
certification identification number, and is renewable every three years upon
application and completion of a continuing education program as determined by
the department. A renewal fee shall be assessed for each certificate. If a
person fails to renew a certificate by the renewal date, the person must retake
the examination and pay the examination fee.
(2)
The certificate of manufactured home installation provided for in this chapter
grants the holder the right to engage in manufactured home installation
throughout the state, without any other installer certification.
(3)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
875. RCW
70.95D.040 and 1989 c 431 s 68 are each amended to read as follows:
(1)
The department shall establish a process to certify incinerator and landfill
operators. To the greatest extent possible, the department shall rely on the
certification standards and procedures developed by national organizations and
the federal government.
(2)
Operators shall be certified if they:
(a)
Attend the required training sessions;
(b)
Successfully complete required examinations; and
(c)
Pay the prescribed fee.
(3)
By January 1, 1991, the department shall adopt rules to require incinerator and
appropriate landfill operators to:
(a)
Attend a training session concerning the operation of the relevant type of
landfill or incinerator;
(b)
Demonstrate sufficient skill and competency for proper operation of the
incinerator or landfill by successfully completing an examination prepared by
the department; and
(c)
Renew the certificate of competency at reasonable intervals established by the
department.
(4)
The department shall provide for the collection of fees for the issuance and
renewal of certificates. These fees shall be sufficient to recover the costs
of the certification program.
(5)
The department shall establish an appeals process for the denial or revocation
of a certificate.
(6)
The department shall establish a process to automatically certify operators who
have received comparable certification from another state, the federal
government, a local government, or a professional association.
(7)
Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an
incinerator or landfill may apply to the department for interim certification.
Operators shall receive interim certification if they:
(a)
Have received training provided by a recognized national organization,
educational institution, or the federal government that is acceptable to the
department; or
(b)
Have received individualized training in a manner approved by the department;
and
(c)
Have successfully completed any required examinations.
(8)
No interim certification shall be valid after January 1, 1992, and interim
certification shall not automatically qualify operators for certification
pursuant to subsections (2) through (4) of this section.
(9)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating
that the licensee is in compliance with the order.
NEW
SECTION. Sec. 876. A
new section is added to chapter 70.95B RCW to read as follows:
The
director shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
877. RCW
17.21.130 and 1994 c 283 s 15 are each amended to read as follows:
Any
license, permit, or certification provided for in this chapter may be revoked
or suspended, and any license, permit, or certification application may be
denied by the director for cause. If the director suspends a license under
this chapter with respect to activity of a continuing nature under chapter
34.05 RCW, the director may elect to suspend the license for a subsequent
license year during a period that coincides with the period commencing thirty
days before and ending thirty days after the date of the incident or incidents
giving rise to the violation.
The
director shall immediately suspend the license or certificate of a person who
has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
Sec.
878. RCW
64.44.060 and 1990 c 213 s 7 are each amended to read as follows:
(1)
After January 1, 1991, a contractor may not perform decontamination,
demolition, or disposal work unless issued a certificate by the state
department of health. The department shall establish performance standards for
contractors by rule in accordance with chapter 34.05 RCW, the administrative
procedure act. The department shall train and test, or may approve courses to
train and test, contractors and their employees on the essential elements in
assessing property used as an illegal drug manufacturing or storage site to
determine hazard reduction measures needed, techniques for adequately reducing
contaminants, use of personal protective equipment, methods for proper
demolition, removal, and disposal of contaminated property, and relevant
federal and state regulations. Upon successful completion of the training, the
contractor or employee shall be certified.
(2)
The department may require the successful completion of annual refresher
courses provided or approved by the department for the continued certification
of the contractor or employee.
(3)
The department shall provide for reciprocal certification of any individual
trained to engage in decontamination, demolition, or disposal work in another
state when the prior training is shown to be substantially similar to the
training required by the department. The department may require such
individuals to take an examination or refresher course before certification.
(4)
The department may deny, suspend, or revoke a certificate for failure to comply
with the requirements of this chapter or any rule adopted pursuant to this
chapter. A certificate may be denied, suspended, or revoked on any of the
following grounds:
(a)
Failing to perform decontamination, demolition, or disposal work under the
supervision of trained personnel;
(b)
Failing to file a work plan;
(c)
Failing to perform work pursuant to the work plan;
(d)
Failing to perform work that meets the requirements of the department; ((or))
(e)
The certificate was obtained by error, misrepresentation, or fraud; or
(f)
If the person has been certified pursuant to section 802 of this act by the
department of social and health services as a person who is not in compliance
with a support order or a residential or visitation order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the department's receipt of a release issued by the department of social and
health services stating that the person is in compliance with the order.
(5)
A contractor who violates any provision of this chapter may be assessed a fine
not to exceed five hundred dollars for each violation.
(6)
The department of health shall prescribe fees as provided for in RCW 43.70.250
for the issuance and renewal of certificates, the administration of
examinations, and for the review of training courses.
(7) The decontamination account is hereby established in the state
treasury. All fees collected under this chapter shall be deposited in this
account. Moneys in the account may only be spent after appropriation for costs
incurred by the department in the administration and enforcement of this
chapter.
Sec.
879. RCW
19.146.220 and 1996 c 103 s 1 are each amended to read as follows:
(1)
The director shall enforce all laws and rules relating to the licensing of
mortgage brokers, grant or deny licenses to mortgage brokers, and hold
hearings.
(2)
The director may impose the following sanctions:
(a)
Deny applications for licenses for: (i) Violations of orders, including cease
and desist orders issued under this chapter; or (ii) any violation of RCW
19.146.050 or 19.146.0201 (1) through (9);
(b)
Suspend or revoke licenses for:
(i)
False statements or omission of material information on the application that,
if known, would have allowed the director to deny the application for the
original license;
(ii)
Failure to pay a fee required by the director or maintain the required bond;
(iii)
Failure to comply with any directive or order of the director; or
(iv)
Any violation of RCW 19.146.050, 19.146.0201 (1) through (9) or (13),
19.146.205(3), or 19.146.265;
(c)
Impose fines on the licensee, employee or loan originator of the licensee, or
other person subject to this chapter for:
(i)
Any violations of RCW 19.146.0201 (1) through (9) or (13), 19.146.030 through
19.146.090, 19.146.200, 19.146.205(3), or 19.146.265; or
(ii)
Failure to comply with any directive or order of the director;
(d)
Issue orders directing a licensee, its employee or loan originator, or other
person subject to this chapter to:
(i)
Cease and desist from conducting business in a manner that is injurious to the
public or violates any provision of this chapter; or
(ii)
Pay restitution to an injured borrower; or
(e)
Issue orders removing from office or prohibiting from participation in the
conduct of the affairs of a licensed mortgage broker, or both, any officer,
principal, employee, or loan originator of any licensed mortgage broker or any
person subject to licensing under this chapter for:
(i)
Any violation of 19.146.0201 (1) through (9) or (13), 19.146.030 through
19.146.090, 19.146.200, 19.146.205(3), or 19.146.265; or
(ii)
False statements or omission of material information on the application that,
if known, would have allowed the director to deny the application for the
original license;
(iii)
Conviction of a gross misdemeanor involving dishonesty or financial misconduct
or a felony after obtaining a license; or
(iv)
Failure to comply with any directive or order of the director.
(3)
Each day's continuance of a violation or failure to comply with any directive
or order of the director is a separate and distinct violation or failure.
(4)
The director shall establish by rule standards for licensure of applicants
licensed in other jurisdictions. Every licensed mortgage broker that does not
maintain a physical office within the state must maintain a registered agent
within the state to receive service of any lawful process in any judicial or
administrative noncriminal suit, action, or proceeding, against the licensed
mortgage broker which arises under this chapter or any rule or order under this
chapter, with the same force and validity as if served personally on the
licensed mortgage broker. Service upon the registered agent shall be effective
if the plaintiff, who may be the director in a suit, action, or proceeding
instituted by him or her, sends notice of the service and a copy of the process
by registered mail to the defendant or respondent at the last address of the
respondent or defendant on file with the director. In any judicial action,
suit, or proceeding arising under this chapter or any rule or order adopted
under this chapter between the department or director and a licensed mortgage
broker who does not maintain a physical office in this state, venue shall be
exclusively in the superior court of Thurston county.
(5)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to section 802 of this act by the department of
social and health services as a person who is not in compliance with a support
order or a residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the director's receipt of
a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
NEW
SECTION. Sec. 880. A
new section is added to chapter 75.25 RCW to read as follows:
(1)
Licenses issued pursuant to this chapter shall be invalid for any period in
which a person is certified by the department of social and health services or
a court of competent jurisdiction as a person in noncompliance with a support
order or residential or visitation order. Fisheries patrol officers, ex
officio fisheries patrol officers, and authorized fisheries employees shall
enforce this section through checks of the department of licensing's computer
data base. A listing on the department of licensing's data base that an
individual's license is currently suspended pursuant to RCW 46.20.291(7) shall
be prima facie evidence that the individual is in noncompliance with a support
order or residential or visitation order. Presentation of a written release
issued by the department of social and health services or a court stating that
the person is in compliance with an order shall serve as prima facie proof of
compliance with a support order, residential order, or visitation order.
(2)
It is unlawful to purchase, obtain, or possess a license required by this
chapter during any period in which a license is suspended.
NEW
SECTION. Sec. 881. A
new section is added to chapter 77.32 RCW to read as follows:
(1)
Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for
any period in which a person is certified by the department of social and
health services or a court of competent jurisdiction as a person in
noncompliance with a support order or residential or visitation order.
Wildlife agents and ex officio wildlife agents shall enforce this section
through checks of the department of licensing's computer data base. A listing
on the department of licensing's data base that an individual's license is currently
suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the
individual is in noncompliance with a support order or residential or
visitation order. Presentation of a written release issued by the department
of social and health services stating that the person is in compliance with an
order shall serve as prima facie proof of compliance with a support order,
residential order, or visitation order.
(2)
It is unlawful to purchase, obtain, or possess a license required by this
chapter during any period in which a license is suspended.
NEW
SECTION. Sec. 882. A
new section is added to chapter 75.28 RCW to read as follows:
(1)
The department shall immediately suspend the license of a person who has been
certified pursuant to section 402 of this act by the department of social and
health services as a person who is not in compliance with a support order or a
residential or visitation order.
(2)
A listing on the department of licensing's data base that an individual's
license is currently suspended pursuant to RCW 46.20.291(7) shall be prima
facie evidence that the individual is in noncompliance with a support order or
residential or visitation order. Presentation of a written release issued by
the department of social and health services or a court stating that the person
is in compliance with an order shall serve as proof of compliance.
Sec.
883. RCW
75.28.010 and 1993 c 340 s 2 are each amended to read as follows:
(1)
Except as otherwise provided by this title, it is unlawful to engage in any of
the following activities without a license or permit issued by the director:
(a)
Commercially fish for or take food fish or shellfish;
(b)
Deliver food fish or shellfish taken in offshore waters;
(c)
Operate a charter boat or commercial fishing vessel engaged in a fishery;
(d)
Engage in processing or wholesaling food fish or shellfish; or
(e)
Act as a guide for salmon for personal use in freshwater rivers and streams,
other than that part of the Columbia river below the bridge at Longview.
(2)
No person may engage in the activities described in subsection (1) of this
section unless the licenses or permits required by this title are in the
person's possession, and the person is the named license holder or an alternate
operator designated on the license and the person's license is not suspended.
(3)
A valid Oregon license that is equivalent to a license under this title is
valid in the concurrent waters of the Columbia river if the state of Oregon
recognizes as valid the equivalent Washington license. The director may
identify by rule what Oregon licenses are equivalent.
(4)
No license or permit is required for the production or harvesting of private
sector cultured aquatic products as defined in RCW 15.85.020 or for the
delivery, processing, or wholesaling of such aquatic products. However, if a
means of identifying such products is required by rules adopted under RCW
15.85.060, the exemption from licensing or permit requirements established by
this subsection applies only if the aquatic products are identified in
conformance with those rules.
NEW
SECTION. Sec. 884. A
new section is added to chapter 75.30 RCW to read as follows:
(1)
A license renewed under the provisions of this chapter that has been suspended
under section 882 of this act shall be subject to the following provisions:
(a)
A license renewal fee shall be paid as a condition of maintaining a current
license; and
(b)
The department shall waive any other license requirements, unless the
department determines that the license holder has had sufficient opportunity to
meet these requirements.
(2)
The provisions of subsection (1) of this section shall apply only to a license
that has been suspended under section 882 of this act for a period of twelve
months or less. A license holder shall forfeit a license subject to this
chapter and may not recover any license renewal fees previously paid if the
license holder does not meet the requirements of section 802(9) of this act
within twelve months of license suspension.
NEW
SECTION. Sec. 885. (1)
The director of the department of fish and wildlife and the director of the
department of information services shall jointly develop a comprehensive,
state-wide implementation plan for the automated issuance, revocation, and
general administration of hunting, fishing, and recreational licenses
administered under the authority of the department of fish and wildlife to
ensure compliance with the license suspension requirements in section 802 of
this act.
(2)
The plan shall detail the implementation steps necessary to effectuate the
automated administration of hunting, fishing, and recreational licenses and
shall include recommendations regarding all costs and equipment associated with
the plan.
(3)
The plan shall be submitted to the legislature for review by September 1, 1997.
*NEW
SECTION. Sec. 886.
A new section is added to chapter 26.09 RCW to read as follows:
(1)
Unless the context clearly requires otherwise, the definitions in this section
apply in this section.
(a)
"License" means a license, certificate, registration, permit,
approval, or other similar document issued by a licensing entity evidencing
admission to or granting authority to engage in a profession, occupation,
business, or industry. "License" does not mean the tax registration
or certification issued under Title 82 RCW by the department of revenue.
(b)
"Licensee" means any individual holding a license, certificate,
registration, permit, approval, or other similar document issued by a licensing
entity evidencing admission to or granting authority to engage in a profession,
occupation, business, or industry.
(c)
"Licensing entity" includes any department, board, commission, or
other organization of the state authorized to issue, renew, suspend, or revoke
a license authorizing an individual to engage in a business, occupation,
profession, or industry, and the Washington state bar association.
(d)
"Noncompliance with a residential or visitation order" means that a
court has found the parent in contempt of court, under RCW 26.09.160 for
failure to comply with a residential provision of a court-ordered parenting
plan on two occasions within three years.
(e)
"Residential or visitation order" means the residential schedule or
visitation schedule contained in a court-ordered parenting plan.
(2)
If a court determines under RCW 26.09.160 that a parent is not in compliance
with a provision of a residential or visitation order under RCW 26.09.160, the
court shall enter an order directed to the department of social and health
services to certify the parent as in noncompliance with a residential or
visitation order. The order shall contain the noncomplying parent's name,
address, and social security number, and shall indicate whether the obligor is
believed to be a licensee of any licensing entity. The court clerk shall
forward the order to the department of social and health services.
(3)
Once the parent whose license is suspended has complied with the requirements
of the court's order under RCW 26.09.160, or at an earlier date if the court
deems it appropriate, the parent whose license is suspended may petition the
court to set a review hearing to determine whether the noncomplying parent is
in compliance with the residential or visitation order. If the court
determines that the parent is in compliance with the residential or visitation
order, the court shall enter an order directing the department of social and
health services to issue a release to the parent and to the appropriate license
entities.
*Sec. 886 was vetoed. See message at end of chapter.
*Sec.
887.
RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:
(1)
The performance of parental functions and the duty to provide child support are
distinct responsibilities in the care of a child. If a party fails to comply
with a provision of a decree or temporary order of injunction, the obligation
of the other party to make payments for support or maintenance or to permit
contact with children is not suspended. An attempt by a parent, in either the
negotiation or the performance of a parenting plan, to condition one aspect of
the parenting plan upon another, to condition payment of child support upon an
aspect of the parenting plan, to refuse to pay ordered child support, to refuse
to perform the duties provided in the parenting plan, or to hinder the
performance by the other parent of duties provided in the parenting plan, shall
be deemed bad faith and shall be punished by the court by holding the party in
contempt of court and by awarding to the aggrieved party reasonable attorneys'
fees and costs incidental in bringing a motion for contempt of court.
(2)(a)
A motion may be filed to initiate a contempt action to coerce a parent to
comply with an order establishing residential provisions for a child. If the
court finds there is reasonable cause to believe the parent has not complied
with the order, the court may issue an order to show cause why the relief
requested should not be granted.
(b)
If, based on all the facts and circumstances, the court finds after hearing
that the parent, in bad faith, has not complied with the order establishing
residential provisions for the child, the court shall find the parent in
contempt of court. Upon a finding of contempt, the court shall order:
(i)
The noncomplying parent to provide the moving party additional time with the
child. The additional time shall be equal to the time missed with the child,
due to the parent's noncompliance;
(ii)
The parent to pay, to the moving party, all court costs and reasonable
attorneys' fees incurred as a result of the noncompliance, and any reasonable
expenses incurred in locating or returning a child; and
(iii)
The parent to pay, to the moving party, a civil penalty, not less than the sum
of one hundred dollars.
The
court may also order the parent to be imprisoned in the county jail, if the
parent is presently able to comply with the provisions of the court-ordered
parenting plan and is presently unwilling to comply. The parent may be
imprisoned until he or she agrees to comply with the order, but in no event for
more than one hundred eighty days.
(3)
On a second failure within three years to comply with a residential provision
of a court-ordered parenting plan, a motion may be filed to initiate contempt
of court proceedings according to the procedure set forth in subsection (2) (a)
and (b) of this section. On a finding of contempt under this subsection, the
court shall ((order)) enter any combination of the following orders:
(a)
Order the noncomplying parent to provide the other parent or party
additional time with the child. The additional time shall be twice the amount
of the time missed with the child, due to the parent's noncompliance;
(b)
Order the noncomplying parent to pay, to the other parent or party, all
court costs and reasonable attorneys' fees incurred as a result of the
noncompliance, and any reasonable expenses incurred in locating or returning a
child; ((and))
(c)
Order the noncomplying parent to pay, to the moving party, a civil
penalty of not less than two hundred fifty dollars; or
(d)
Enter an order under section 886 of this act directed to the department of
social and health services to certify the parent as in noncompliance for the
purposes of section 802 of this act.
The
court may also order the parent to be imprisoned in the county jail, if the
parent is presently able to comply with the provisions of the court-ordered
parenting plan and is presently unwilling to comply. The parent may be
imprisoned until he or she agrees to comply with the order but in no event for
more than one hundred eighty days.
(4)
For purposes of subsections (1), (2), and (3) of this section, the parent shall
be deemed to have the present ability to comply with the order establishing
residential provisions unless he or she establishes otherwise by a
preponderance of the evidence. The parent shall establish a reasonable excuse
for failure to comply with the residential provision of a court-ordered
parenting plan by a preponderance of the evidence.
(5)
Any monetary award ordered under subsections (1), (2), and (3) of this section
may be enforced, by the party to whom it is awarded, in the same manner as a
civil judgment.
(6)
Subsections (1), (2), and (3) of this section authorize the exercise of the
court's power to impose remedial sanctions for contempt of court and is in
addition to any other contempt power the court may possess.
(7)
Upon motion for contempt of court under subsections (1) through (3) of this
section, if the court finds the motion was brought without reasonable basis,
the court shall order the moving party to pay to the nonmoving party, all
costs, reasonable attorneys' fees, and a civil penalty of not less than one
hundred dollars.
*Sec. 887 was vetoed. See message at end of chapter.
Sec.
888. RCW
26.23.050 and 1994 c 230 s 9 are each amended to read as follows:
(1)
If the ((office of support enforcement)) division of child support
is providing support enforcement services under RCW 26.23.045, or if a party is
applying for support enforcement services by signing the application form on
the bottom of the support order, the superior court shall include in all court
orders that establish or modify a support obligation:
(a)
A provision that orders and directs the responsible parent to make all support
payments to the Washington state support registry;
(b)
A statement that ((a notice of payroll deduction may be issued, or other
income withholding action under chapter 26.18 or 74.20A RCW may be taken)) withholding
action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of
this or any other state, without further notice to the responsible parent
at any time after entry of the court order, unless:
(i)
One of the parties demonstrates, and the court finds, that there is good cause
not to require immediate income withholding and that withholding should be
delayed until a payment is past due; or
(ii)
The parties reach a written agreement that is approved by the court that
provides for an alternate arrangement; ((and))
(c)
A statement that the receiving parent might be required to submit an accounting
of how the support is being spent to benefit the child; and
(d)
A statement that the responsible parent's privileges to obtain and maintain a
license, as defined in section 802 of this act, may not be renewed, or may be
suspended if the parent is not in compliance with a support order as provided
in section 802 of this act.
As
used in this subsection and subsection (3) of this section, "good cause
not to require immediate income withholding" means a written determination
of why implementing immediate wage withholding would not be in the child's best
interests and, in modification cases, proof of timely payment of previously
ordered support.
(2)
In all other cases not under subsection (1) of this section, the court may
order the responsible parent to make payments directly to the person entitled
to receive the payments, to the Washington state support registry, or may order
that payments be made in accordance with an alternate arrangement agreed upon
by the parties.
(a)
The superior court shall include in all orders under this subsection that
establish or modify a support obligation:
(i)
A statement that ((a notice of payroll deduction may be issued or other
income)) withholding action ((under chapter 26.18 or 74.20A RCW))
may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of
this or any other state, without further notice to the responsible parent
at any time after entry of the court order, unless:
(A)
One of the parties demonstrates, and the court finds, that there is good cause
not to require immediate income withholding and that withholding should be
delayed until a payment is past due; or
(B)
The parties reach a written agreement that is approved by the court that
provides for an alternate arrangement; and
(ii)
A statement that the receiving parent may be required to submit an accounting
of how the support is being spent to benefit the child.
As
used in this subsection, "good cause not to require immediate income
withholding" is any reason that the court finds appropriate.
(b)
The superior court may order immediate or delayed income withholding as
follows:
(i)
Immediate income withholding may be ordered if the responsible parent has
earnings. If immediate income withholding is ordered under this subsection,
all support payments shall be paid to the Washington state support registry.
The superior court shall issue a mandatory wage assignment order as set forth
in chapter 26.18 RCW when the support order is signed by the court. The parent
entitled to receive the transfer payment is responsible for serving the
employer with the order and for its enforcement as set forth in chapter 26.18
RCW.
(ii)
If immediate income withholding is not ordered, the court shall require that
income withholding be delayed until a payment is past due. The support order
shall contain a statement that ((a notice of payroll deduction may be
issued, or other income-withholding action under chapter 26.18 or 74.20A RCW
may be taken)) withholding action may be taken against wages, earnings,
assets, or benefits, and liens enforced against real and personal property
under the child support statutes of this or any other state, without
further notice to the responsible parent, after a payment is past due.
(c)
If a mandatory wage withholding order under chapter 26.18 RCW is issued under
this subsection and the ((office of support enforcement)) division of
child support provides support enforcement services under RCW 26.23.045,
the existing wage withholding assignment is prospectively superseded upon the
((office of support enforcement's)) division of child support's
subsequent service of an income withholding notice.
(3)
The office of administrative hearings and the department of social and health
services shall require that all support obligations established as
administrative orders include a provision which orders and directs that the
responsible parent shall make all support payments to the Washington state
support registry. All administrative orders shall also state that the
responsible parent's privileges to obtain and maintain a license, as defined in
section 802 of this act, may not be renewed, or may be suspended if the parent
is not in compliance with a support order as provided in section 802 of this
act. All administrative orders shall also state that ((a notice of
payroll deduction may be issued, or other income withholding action taken))
withholding action may be taken against wages, earnings, assets, or
benefits, and liens enforced against real and personal property under the child
support statutes of this or any other state without further notice to the
responsible parent at any time after entry of the order, unless:
(a)
One of the parties demonstrates, and the presiding officer finds, that there is
good cause not to require immediate income withholding; or
(b)
The parties reach a written agreement that is approved by the presiding officer
that provides for an alternate agreement.
(4)
If the support order does not include the provision ordering and directing that
all payments be made to the Washington state support registry and a statement
that ((a notice of payroll deduction may be issued)) withholding
action may be taken against wages, earnings, assets, or benefits if a support
payment is past due or at any time after the entry of the order, or that a
parent's licensing privileges may not be renewed, or may be suspended, the
((office of support enforcement)) division of child support may
serve a notice on the responsible parent stating such requirements and
authorizations. Service may be by personal service or any form of mail
requiring a return receipt.
(5)
Every support order shall state:
(a)
The address where the support payment is to be sent;
(b)
That ((a notice of payroll deduction may be issued or other income
withholding action under chapter 26.18 or 74.20A RCW may be taken)) withholding
action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of
this or any other state, without further notice to the responsible parent
at any time after entry of ((an order by the court)) a support order,
unless:
(i)
One of the parties demonstrates, and the court finds, that there is good cause
not to require immediate income withholding; or
(ii)
The parties reach a written agreement that is approved by the court that
provides for an alternate arrangement;
(c)
The income of the parties, if known, or that their income is unknown and the
income upon which the support award is based;
(d)
The support award as a sum certain amount;
(e)
The specific day or date on which the support payment is due;
(f)
The social security number, residence address, date of birth, telephone
number, driver's license number, and name and address of the employer of
the responsible parent;
(g)
The social security number and residence address of the physical custodian
except as provided in subsection (6) of this section;
(h)
The names, dates of birth, and social security numbers, if any, of the
dependent children;
(i)
((In cases requiring payment to the Washington state support registry, that
the parties are to notify the Washington state support registry of any change
in residence address. The responsible parent shall notify the registry of the
name and address of his or her current employer,)) A provision requiring
the responsible parent to keep the Washington state support registry informed
of whether he or she has access to health insurance coverage at reasonable
cost and, if so, the health insurance policy information;
(j)
That any parent owing a duty of child support shall be obligated to provide
health insurance coverage for his or her child if coverage that can be extended
to cover the child is or becomes available to that parent through employment or
is union-related as provided under RCW 26.09.105;
(k)
That if proof of health insurance coverage or proof that the coverage is
unavailable is not provided within twenty days, the obligee or the department
may seek direct enforcement of the coverage through the obligor's employer or
union without further notice to the obligor as provided under chapter 26.18
RCW; ((and))
(l)
The reasons for not ordering health insurance coverage if the order fails to
require such coverage; and
(m)
That the responsible parent's privileges to obtain and maintain a license, as
defined in section 802 of this act, may not be renewed, or may be suspended if
the parent is not in compliance with a support order as provided in section 802
of this act.
(6)
The physical custodian's address:
(a)
Shall be omitted from an order entered under the administrative procedure act.
When the physical custodian's address is omitted from an order, the order shall
state that the custodian's address is known to the ((office of support
enforcement)) division of child support.
(b)
A responsible parent may request the physical custodian's residence address by
submission of a request for disclosure under RCW 26.23.120 to the ((office
of support enforcement)) division of child support.
(7)
((The superior court clerk, the office of administrative hearings, and the
department of social and health services shall, within five days of entry,
forward to the Washington state support registry, a true and correct copy of
all superior court orders or administrative orders establishing or modifying a
support obligation which provide that support payments shall be made to the
support registry. If a superior court order entered prior to January 1, 1988, directs
the responsible parent to make support payments to the clerk, the clerk shall
send a true and correct copy of the support order and the payment record to the
registry for enforcement action when the clerk identifies that a payment is
more than fifteen days past due. The office of support enforcement shall
reimburse the clerk for the reasonable costs of copying and sending copies of
court orders to the registry at the reimbursement rate provided in Title IV-D
of the social security act.
(8)
Receipt of a support order by the registry or other action under this section
on behalf of a person or persons who have not made a written application for
support enforcement services to the office of support enforcement and who are
not recipients of public assistance is deemed to be a request for payment
services only.
(9)))
After the responsible parent has been ordered or notified to make payments to
the Washington state support registry under this section, the responsible
parent shall be fully responsible for making all payments to the Washington
state support registry and shall be subject to payroll deduction or other
income‑withholding action. The responsible parent shall not be
entitled to credit against a support obligation for any payments made to a
person or agency other than to the Washington state support registry except as
provided under RCW 74.20.101. A civil action may be brought by the payor to
recover payments made to persons or agencies who have received and retained
support moneys paid contrary to the provisions of this section.
Sec.
889. RCW
26.18.100 and 1994 c 230 s 4 are each amended to read as follows:
The
wage assignment order shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY
OF . . . . . . . . .
................... ,
... Obligee........ No.
. . . .
vs.
................... , WAGE
ASSIGNMENT
... Obligor........ ORDER
................... ,
... Employer
THE
STATE OF WASHINGTON TO:......................................
Employer
AND
TO:..........................................................
Obligor
The
above-named obligee claims that the above-named obligor is subject to a support
order requiring immediate income withholding or is more than fifteen days past
due in either child support or spousal maintenance payments, or both, in an
amount equal to or greater than the child support or spousal maintenance
payable for one month. The amount of the accrued child support or spousal
maintenance debt as of this date is . . . . . .
dollars, the amount of arrearage payments specified in the support or spousal
maintenance order (if applicable) is . . . . . .
dollars per . . . . . ., and the amount of the current
and continuing support or spousal maintenance obligation under the order is
. . . . . . dollars per
. . . . . .
You are
hereby commanded to answer this order by filling in the attached form according
to the instructions, and you must mail or deliver the original of the answer to
the court, one copy to the Washington state support registry, one copy to the
obligee or obligee's attorney, and one copy to the obligor within twenty days
after service of this wage assignment order upon you.
If you
possess any earnings or other remuneration for employment due and owing to the
obligor, then you shall do as follows:
(1)
Withhold from the obligor's earnings or remuneration each month, or from each
regular earnings disbursement, the lesser of:
(a) The
sum of the accrued support or spousal maintenance debt and the current support
or spousal maintenance obligation;
(b) The
sum of the specified arrearage payment amount and the current support or
spousal maintenance obligation; or
(c)
Fifty percent of the disposable earnings or remuneration of the obligor.
(2) The
total amount withheld above is subject to the wage assignment order, and all
other sums may be disbursed to the obligor.
(3)
Upon receipt of this wage assignment order you shall make immediate deductions
from the obligor's earnings or remuneration and remit to the Washington state
support registry or other address specified below the proper amounts at each
regular pay interval.
You
shall continue to withhold the ordered amounts from nonexempt earnings or
remuneration of the obligor until notified by:
(a) The
court that the wage assignment has been modified or terminated; or
(b) The
addressee specified in the wage assignment order under this section that the
accrued child support or spousal maintenance debt has been paid.
You
shall promptly notify the court and the addressee specified in the wage
assignment order under this section if and when the employee is no longer
employed by you, or if the obligor no longer receives earnings or remuneration
from you. If you no longer employ the employee, the wage assignment order
shall remain in effect for one year after the employee has left your employment
or you are no longer in possession of any earnings or remuneration owed to the
employee, whichever is later. You shall continue to hold the wage assignment
order during that period. If the employee returns to your employment during
the one-year period you shall immediately begin to withhold the employee's
earnings according to the terms of the wage assignment order. If the employee
has not returned to your employment within one year, the wage assignment will
cease to have effect at the expiration of the one-year period, unless you still
owe the employee earnings or other remuneration.
You
shall deliver the withheld earnings or remuneration to the Washington state
support registry or other address stated below at each regular pay interval.
You
shall deliver a copy of this order to the obligor as soon as is reasonably
possible. This wage assignment order has priority over any other wage
assignment or garnishment, except for another wage assignment or garnishment
for child support or spousal maintenance, or order to withhold or deliver under
chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR
FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT
OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.
NOTICE
TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT
ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR
TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES
ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY HAVE SUSPENDED OR NOT
RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT
ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO
MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS
OF PAYMENTS.
DATED
THIS . . . . day of . . . ., 19. . .
............................. ...............................
Obligee, Judge/Court
Commissioner
or
obligee's attorney
Send
withheld payments to: ...............................
...............................
...............................
...............................
Sec.
890. RCW
26.23.060 and 1994 c 230 s 10 are each amended to read as follows:
(1)
The ((office of support enforcement)) division of child support
may issue a notice of payroll deduction:
(a)
As authorized by a support order that contains ((the income withholding
notice provisions in RCW 26.23.050 or a substantially similar notice)) a
notice clearly stating that child support may be collected by withholding from
earnings, wages, or benefits without further notice to the obligated parent;
or
(b)
After service of a notice containing an income-withholding provision
under this chapter or chapter 74.20A RCW.
(2)
The ((office of support enforcement)) division of child support
shall serve a notice of payroll deduction upon a responsible parent's employer
or upon the employment security department for the state in possession of or
owing any benefits from the unemployment compensation fund to the responsible
parent pursuant to Title 50 RCW ((by personal service or by any form of mail
requiring a return receipt)):
(a)
In the manner prescribed for the service of a summons in a civil action;
(b)
By certified mail, return receipt requested; or
(c)
By electronic means if there is an agreement between the secretary and the
person, firm, corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the United States to
accept service by electronic means.
(3)
Service of a notice of payroll deduction upon an employer or employment
security department requires the employer or employment security department to
immediately make a mandatory payroll deduction from the responsible parent's
unpaid disposable earnings or unemployment compensation benefits. The employer
or employment security department shall thereafter deduct each pay period the
amount stated in the notice divided by the number of pay periods per month.
The payroll deduction each pay period shall not exceed fifty percent of the
responsible parent's disposable earnings.
(4)
A notice of payroll deduction for support shall have priority over any wage
assignment, garnishment, attachment, or other legal process.
(5)
The notice of payroll deduction shall be in writing and include:
(a)
The name and social security number of the responsible parent;
(b)
The amount to be deducted from the responsible parent's disposable earnings
each month, or alternate amounts and frequencies as may be necessary to
facilitate processing of the payroll deduction;
(c)
A statement that the total amount withheld shall not exceed fifty percent of
the responsible parent's disposable earnings; ((and))
(d)
The address to which the payments are to be mailed or delivered; and
(e)
A notice to the responsible parent warning the responsible parent that, despite
the payroll deduction, the responsible parent's privileges to obtain and
maintain a license, as defined in section 802 of this act, may not be renewed,
or may be suspended if the parent is not in compliance with a support order as
defined in section 802 of this act.
(6)
An informational copy of the notice of payroll deduction shall be mailed to the
last known address of the responsible parent by regular mail.
(7)
An employer or employment security department that receives a notice of payroll
deduction shall make immediate deductions from the responsible parent's unpaid
disposable earnings and remit proper amounts to the Washington state support
registry on each date the responsible parent is due to be paid.
(8)
An employer, or the employment security department, upon whom a notice of
payroll deduction is served, shall make an answer to the ((office of support
enforcement)) division of child support within twenty days after the
date of service. The answer shall confirm compliance and institution of the
payroll deduction or explain the circumstances if no payroll deduction is in
effect. The answer shall also state whether the responsible parent is employed
by or receives earnings from the employer or receives unemployment compensation
benefits from the employment security department, whether the employer or
employment security department anticipates paying earnings or unemployment
compensation benefits and the amount of earnings. If the responsible parent is
no longer employed, or receiving earnings from the employer, the answer shall
state the present employer's name and address, if known. If the responsible
parent is no longer receiving unemployment compensation benefits from the
employment security department, the answer shall state the present employer's
name and address, if known.
(9)
The employer or employment security department may deduct a processing fee from
the remainder of the responsible parent's earnings after withholding under the
notice of payroll deduction, even if the remainder is exempt under RCW
26.18.090. The processing fee may not exceed: (a) Ten dollars for the first
disbursement made to the Washington state support registry; and (b) one dollar
for each subsequent disbursement to the registry.
(10)
The notice of payroll deduction shall remain in effect until released by the ((office
of support enforcement)) division of child support, the court enters
an order terminating the notice and approving an alternate arrangement under RCW
26.23.050(((2))), or one year has expired since the employer has
employed the responsible parent or has been in possession of or owing any
earnings to the responsible parent or the employment security department has
been in possession of or owing any unemployment compensation benefits to the
responsible parent.
(11)
The division of child support may use uniform interstate withholding forms
adopted by the United States department of health and human services to take
withholding actions under this section when the responsible parent is receiving
earnings or unemployment compensation in another state.
B.
CHILD SUPPORT ENFORCEMENT
Sec.
891. RCW
74.20.040 and 1989 c 360 s 12 are each amended to read as follows:
(1)
Whenever the department ((of social and health services)) receives an
application for public assistance on behalf of a child, the department shall
take appropriate action under the provisions of this chapter, chapter 74.20A
RCW, or other appropriate statutes of this state to establish or enforce
support obligations against the parent or other persons owing a duty to pay
support moneys.
(2)
The secretary may accept a request for support enforcement services on behalf
of persons who are not recipients of public assistance and may take appropriate
action to establish or enforce support obligations against the parent or other
persons owing a duty to pay moneys. Requests accepted under this subsection
may be conditioned upon the payment of a fee as required through regulation
issued by the secretary. ((Action may be taken under the provisions of
chapter 74.20 RCW, the abandonment or nonsupport statutes, or other appropriate
statutes of this state, including but not limited to remedies established in
chapter 74.20A RCW, to establish and enforce said support obligations.))
The secretary may establish by regulation, reasonable standards and
qualifications for support enforcement services under this subsection.
(3)
The secretary may accept requests for support enforcement services from child
support enforcement agencies in other states operating child support programs
under Title IV-D of the social security act or from foreign countries, and may
take appropriate action to establish and enforce support obligations, or to
enforce subpoenas, information requests, orders for genetic testing, and
collection actions issued by the other agency against the parent or other
person owing a duty to pay support moneys, the parent or other person's
employer, or any other person or entity properly subject to child support
collection or information-gathering processes. The request shall contain
and be accompanied by such information and documentation as the secretary may
by rule require, and be signed by an authorized representative of the agency. The
secretary may adopt rules setting forth the duration and nature of services
provided under this subsection.
(4)
The department may take action to establish, enforce, and collect a support
obligation, including performing related services, under this chapter and
chapter 74.20A RCW, or through the attorney general or prosecuting attorney for
action under chapter 26.09, 26.18, 26.20, 26.21, or 26.26 RCW or other
appropriate statutes or the common law of this state.
(5)
Whenever a support order is filed with the Washington state support registry
under chapter 26.23 RCW, the department may take appropriate action under the
provisions of this chapter, chapter 26.23 or 74.20A RCW, or other appropriate
law of this state to establish or enforce the support obligations contained in
that order against the responsible parent or other persons owing a duty to pay
support moneys.
(6)
The secretary may charge and collect a fee from the person obligated to pay
support to compensate the department for services rendered in establishment of
or enforcement of support obligations. This fee shall be limited to not more
than ten percent of any support money collected as a result of action taken by
the secretary. The fee charged shall be in addition to the support
obligation. In no event may any moneys collected by the department ((of
social and health services)) from the person obligated to pay support be
retained as satisfaction of fees charged until all current support obligations
have been satisfied. The secretary shall by regulation establish reasonable
fees for support enforcement services and said schedule of fees shall be made
available to any person obligated to pay support. The secretary may, on
showing of necessity, waive or defer any such fee.
(7)
Fees, due and owing, may be collected as delinquent support moneys utilizing
any of the remedies in chapter 74.20 RCW, chapter 74.20A RCW, chapter 26.21
RCW, or any other remedy at law or equity available to the department or any
agencies with whom it has a cooperative or contractual arrangement to
establish, enforce, or collect support moneys or support obligations.
(8)
The secretary may waive the fee, or any portion thereof, as a part of a
compromise of disputed claims or may grant partial or total charge off of said
fee if the secretary finds there are no available, practical, or lawful means
by which said fee may be collected or to facilitate payment of the amount of
delinquent support moneys owed.
(9)
The secretary shall adopt rules conforming to federal laws, rules, and
regulations required to be observed in maintaining the state child support
enforcement program required under Title IV-D of the federal social security act.
The adoption of these rules shall be calculated to promote the cost-effective
use of the agency's resources and not otherwise cause the agency to divert its
resources from its essential functions.
NEW
SECTION. Sec. 892. A
new section is added to chapter 74.20A RCW to read as follows:
CHILD
SUPPORT PAYMENTS IN THE POSSESSION OF THIRD PARTIES‑-COLLECTION AS CHILD
SUPPORT. (1) If a person or entity not entitled to child support payments
wrongfully or negligently retains child support payments owed to another or to
the Washington state support registry, those payments retain their character as
child support payments and may be collected by the division of child support
using any remedy available to the division of child support under Washington
law for the collection of child support.
(2)
Child support moneys subject to collection under this section may be collected
for the duration of the statute of limitations as it applies to the support
order governing the support obligations, and any legislative or judicial
extensions thereto.
(3)
This section applies to the following:
(a)
Cases in which an employer or other entity obligated to withhold child support
payments from the parent's pay, bank, or escrow account, or from any other
asset or distribution of money to the parent, has withheld those payments and
failed to remit them to the payee;
(b)
Cases in which child support moneys have been paid to the wrong person or
entity in error;
(c)
Cases in which child support recipients have retained child support payments in
violation of a child support assignment executed or arising by operation of law
in exchange for the receipt of public assistance; and
(d)
Any other case in which child support payments are retained by a party not
entitled to them.
(4)
This section does not apply to fines levied under section 893(3)(b) of this
act.
NEW
SECTION. Sec. 893. A
new section is added to chapter 74.20A RCW to read as follows:
NONCOMPLIANCE
WITH CHILD SUPPORT PROCESSES‑-NOTICE‑-HEARINGS‑-LIABILITY.
(1) The division of child support may issue a notice of noncompliance to any
person, firm, entity, or agency of state or federal government that the
division believes is not complying with:
(a)
A notice of payroll deduction issued under chapter 26.23 RCW;
(b)
A lien, order to withhold and deliver, or assignment of earnings issued under
this chapter;
(c)
Any other wage assignment, garnishment, attachment, or withholding instrument
properly served by the agency or firm providing child support enforcement
services for another state, under Title IV-D of the federal social security
act;
(d)
A subpoena issued by the division of child support, or the agency or firm
providing child support enforcement for another state, under Title IV-D of the
federal social security act;
(e)
An information request issued by the division of child support, or the agency
or firm providing child support enforcement for another state under Title IV-D
of the federal social security act, to an employer or entity required to
respond to such requests under section 897 of this act; or
(f)
The duty to report newly hired employees imposed by RCW 26.23.040.
(2)
Liability for noncompliance with a wage withholding, garnishment, order to
withhold and deliver, or any other lien or attachment issued to secure payment
of child support is governed by RCW 26.23.090 and 74.20A.100, except that
liability for noncompliance with remittance time frames is governed by
subsection (3) of this section.
(3)
The division of child support may impose fines of up to one hundred dollars per
occurrence for:
(a)
Noncompliance with a subpoena or an information request issued by the division
of child support, or the agency or firm providing child support enforcement
services for another state under Title IV-D of the federal social security act;
(b)
Noncompliance with the required time frames for remitting withheld support
moneys to the Washington state support registry, or the agency or firm
providing child support enforcement services for another state, except that no
liability shall be established for failure to make timely remittance unless the
division of child support has provided the person, firm, entity, or agency of
state or federal government with written warning:
(i)
Explaining the duty to remit withheld payments promptly;
(ii)
Explaining the potential for fines for delayed submission; and
(iii)
Providing a contact person within the division of child support with whom the
person, firm, entity, or agency of state or federal government may seek
assistance with child support withholding issues.
(4)
The division of child support may assess fines according to RCW 26.23.040 for
failure to comply with employer reporting requirements.
(5)
The division of child support may suspend licenses for failure to comply with a
subpoena issued under section 898 of this act.
(6)
The division of child support may serve a notice of noncompliance by personal
service or by any method of mailing requiring a return receipt.
(7)
The liability asserted by the division of child support in the notice of
noncompliance becomes final and collectible on the twenty-first day after the
date of service, unless within that time the person, firm, entity, or agency of
state or federal government:
(a)
Initiates an action in superior court to contest the notice of noncompliance;
(b)
Requests a hearing by delivering a hearing request to the division of child
support in accordance with rules adopted by the secretary under this section;
or
(c)
Contacts the division of child support and negotiates an alternate resolution
to the asserted noncompliance or demonstrates that the person, firm, entity, or
agency of state or federal government has complied with the child support
processes.
(8)
The notice of noncompliance shall contain:
(a)
A full and fair disclosure of the rights and obligations created by this
section; and
(b)
Identification of the:
(i)
Child support process with respect to which the division of child support is
alleging noncompliance; and
(ii)
State child support enforcement agency issuing the original child support
process.
(9)
In an administrative hearing convened under subsection (7)(b) of this section,
the presiding officer shall determine whether or not, and to what extent,
liability for noncompliance exists under this section, and shall enter an order
containing these findings. If liability does exist, the presiding officer
shall include language in the order advising the parties to the proceeding that
the liability may be collected by any means available to the division of child
support under subsection (12) of this section without further notice to the
liable party.
(10)
Hearings under this section are governed by the administrative procedure act,
chapter 34.05 RCW.
(11)
After the twenty days following service of the notice, the person, firm,
entity, or agency of state or federal government may petition for a late
hearing. A petition for a late hearing does not stay any collection action to
recover the debt. A late hearing is available upon a showing of any of the
grounds stated in civil rule 60 for the vacation of orders.
(12)
The division of child support may collect any obligation established under this
section using any of the remedies available under chapter 26.09, 26.18, 26.21,
26.23, 74.20, or 74.20A RCW for the collection of child support.
(13)
The division of child support may enter agreements for the repayment of
obligations under this section. Agreements may:
(a)
Suspend the obligation imposed by this section conditioned on future compliance
with child support processes. Such suspension shall end automatically upon any
failure to comply with a child support process. Amounts suspended become fully
collectible without further notice automatically upon failure to comply with a
child support process;
(b)
Resolve amounts due under this section and provide for repayment.
(14)
The secretary may adopt rules to implement this section.
Sec.
894. RCW
26.23.090 and 1990 c 165 s 2 are each amended to read as follows:
(1)
The employer shall be liable to the Washington state support registry, or to
the agency or firm providing child support enforcement for another state, under
Title IV-D of the federal social security act and issuing a notice,
garnishment, or wage assignment attaching wages or earnings in satisfaction of
a support obligation, for one hundred percent of the amount of the support
debt, or the amount of support moneys which should have been withheld from the
employee's earnings, whichever is the lesser amount, if the employer:
(a)
Fails or refuses, after being served with a notice of payroll deduction, or
substantially similar action issued by the agency or firm providing child
support enforcement for another state, under Title IV-D of the federal social
security act, to deduct and promptly remit from unpaid earnings the amounts
of money required in the notice;
(b)
Fails or refuses to submit an answer to the notice of payroll deduction, or
substantially similar action issued by the agency or firm providing child
support enforcement for another state, under Title IV-D of the federal social
security act, after being served; or
(c)
Is unwilling to comply with the other requirements of RCW 26.23.060.
(2)
Liability may be established in superior court or may be established pursuant to
((RCW 74.20A.270)) section 893 of this act. Awards in superior
court and in actions pursuant to ((RCW 74.20A.270)) section 893 of
this act shall include costs, interest under RCW 19.52.020 and 4.56.110,
and reasonable attorneys' fees and staff costs as a part of the award.
Debts established pursuant to this section may be collected ((pursuant to
chapter 74.20A RCW utilizing any of the remedies contained in that chapter))
by the division of child support using any of the remedies available under
chapter 26.09, 26.18, 26.21, 26.23, 74.20, or 74.20A RCW for the collection of
child support.
Sec.
895. RCW
74.20A.100 and 1989 c 360 s 5 are each amended to read as follows:
(1)
Any person, firm, corporation, association, political subdivision or department
of the state shall be liable to the department, or to the agency or firm
providing child support enforcement for another state, under Title IV-D of the
federal social security act and issuing a notice, garnishment, or wage assignment
attaching wages or earnings in satisfaction of a support obligation, in an
amount equal to one hundred percent of the value of the debt which is the basis
of the lien, order to withhold and deliver, distraint, or assignment of
earnings, or the amount that should have been withheld, whichever amount is
less, together with costs, interest, and reasonable attorney fees if that
person or entity:
(a)
Fails to answer an order to withhold and deliver, or substantially similar
action issued by the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security act, within
the time prescribed herein;
(b)
Fails or refuses to deliver property pursuant to said order;
(c)
After actual notice of filing of a support lien, pays over, releases, sells,
transfers, or conveys real or personal property subject to a support lien to or
for the benefit of the debtor or any other person;
(d)
Fails or refuses to surrender property distrained under RCW 74.20A.130 upon demand;
or
(e)
Fails or refuses to honor an assignment of earnings presented by the secretary.
(2)
The secretary is authorized to issue a notice of ((debt pursuant to RCW
74.20A.040 and to take appropriate action to collect the debt under this
chapter if:
(a)
A judgment has been entered as the result of an action in superior court
against a person, firm, corporation, association, political subdivision, or
department of the state based on a violation of this section; or
(b)
Liability has been established under RCW 74.20A.270)) noncompliance
under section 893 of this act or to proceed in superior court to obtain a
judgment for noncompliance under this section.
Sec.
896. RCW
74.20A.270 and 1989 c 360 s 35 and 1989 c 175 s 156 are each reenacted and
amended to read as follows:
(1)
The secretary may issue a notice of ((noncompliance)) retained
support or notice to recover a support payment to any person((, firm,
corporation, association, or political subdivision of the state of Washington
or any officer or agent thereof who has violated chapter 26.18 RCW, RCW
74.20A.100, or 26.23.040,)):
(a)
Who is in possession of support moneys, or who has had support moneys in
his or her possession at some time in the past, which support moneys were or
are claimed by the department as the property of the department by assignment,
subrogation, or by operation of law or legal process under chapter 74.20A RCW((,
if the support moneys have not been remitted to the department as required by
law));
(b)
Who has received a support payment erroneously directed to the wrong payee, or
issued by the department in error; or
(c)
Who is in possession of a support payment obtained through the internal revenue
service tax refund offset process, which payment was later reclaimed from the
department by the internal revenue service as a result of an amended tax return
filed by the obligor or the obligor's spouse.
(2)
The notice shall ((describe the claim of the department, stating)) state
the legal basis for the claim and shall provide sufficient detail to enable the
person((, firm, corporation, association, or political subdivision or
officer or agent thereof upon whom service is made)) to identify the
support moneys in issue ((or the specific violation of RCW 74.20A.100 that
has occurred. The notice may also make inquiry as to relevant facts necessary
to the resolution of the issue)).
(3)
The department shall serve the notice ((may be served)) by
certified mail, return receipt requested, or in the manner of a summons in a
civil action. ((Upon service of the notice all moneys not yet disbursed or
spent or like moneys to be received in the future are deemed to be impounded
and shall be held in trust pending answer to the notice and any adjudicative
proceeding.))
(4)
The amounts claimed in the notice ((shall be answered under oath and
in writing within twenty days of the date of service, which answer shall
include true answers to the matters inquired of in the notice. The answer
shall also either acknowledge)) shall become assessed, determined, and
subject to collection twenty days from the date of service of the notice unless
within those twenty days the person in possession of the support moneys:
(a)
Acknowledges the department's right to the moneys ((or application for))
and executes an agreed settlement providing for repayment of the moneys; or
(b)
Requests an adjudicative proceeding to ((contest the allegation that
chapter 26.18 RCW, RCW 74.20A.100, or 26.23.040, has been violated, or))
determine the rights to ownership of the support moneys in issue. The hearing
shall be held pursuant to this section, chapter 34.05 RCW, the Administrative
Procedure Act, and the rules of the department. The burden of proof to
establish ownership of the support moneys claimed((, including but not
limited to moneys not yet disbursed or spent,)) is on the department.
((If
no answer is made within the twenty days, the department's claim shall be
assessed and determined and subject to collection action as a support debt
pursuant to chapter 26.18 or 74.20A RCW, or RCW 26.23.040. Any such debtor))
(5)
After the twenty-day period, a person served with a notice under this section
may, at any time within one year from the date of service of the notice of
support debt, petition the secretary or the secretary's designee for an
adjudicative proceeding upon a showing of any of the grounds enumerated in RCW
4.72.010 or superior court civil rule 60. A copy of the petition shall also be
served on the department. The filing of the petition shall not stay any
collection action being taken, but the debtor may petition the secretary or the
secretary's designee for an order staying collection action pending the final
administrative order. Any such moneys held and/or taken by collection
action ((prior to)) after the date of any such stay ((and any
support moneys claimed by the department, including moneys to be received in
the future to which the department may have a claim,)) shall be held ((in
trust)) by the department pending the final order, to be disbursed
in accordance with the final order. ((The secretary or the secretary's
designee shall condition the stay to provide for the trust.
If
the petition is granted the issue in the proceeding is limited to the
determination of the ownership of the moneys claimed in the notice of debt.
The right to an adjudicative proceeding is conditioned upon holding of any
funds not yet disbursed or expended or to be received in the future in trust
pending the final order in these proceedings. The presiding or reviewing
officer shall enter an appropriate order providing for the terms of the trust.))
(6)
If the debtor fails to attend or participate in the hearing or other stage of
an adjudicative proceeding, the presiding officer shall, upon showing of valid
service, enter an order declaring the amount of support moneys, as claimed in
the notice, to be assessed and determined and subject to collection action.
(7)
The department may take action to collect an obligation established under this
section using any remedy available under this chapter or chapter 26.09, 26.18,
26.23, or 74.20 RCW for the collection of child support.
(8)
If, at any time, the superior court enters judgment for an amount of debt at
variance with the amount determined by the final order in an adjudicative
proceeding, the judgment shall supersede the final administrative order. ((Any
debt determined by the superior court in excess of the amount determined by the
final administrative order shall be the property of the department as assigned
under 42 U.S.C. 602(A)(26)(a), RCW 74.20.040, 74.20A.250, 74.20.320, or
74.20.330.)) The department may((, despite any final administrative
order,)) take action pursuant to chapter 74.20 or 74.20A RCW to obtain such
a judgment or to collect moneys determined by such a judgment to be due and owing.
((If
public assistance moneys have been paid to a parent for the benefit of that
parent's minor dependent children, debt under this chapter shall not be
incurred by nor at any time be collected from that parent because of that
payment of assistance. Nothing in this section prohibits or limits the
department from acting pursuant to RCW 74.20.320 and this section to assess a
debt against a recipient or ex-recipient for receipt of support moneys paid in
satisfaction of the debt assigned under RCW 74.20.330 which have been assigned
to the department but were received by a recipient or ex-recipient from another
responsible parent and not remitted to the department. To collect these
wrongfully retained funds from the recipient, the department may not take collection
action in excess of ten percent of the grant payment standard during any month
the public assistance recipient remains in that status unless required by
federal law.)) (9) If a person owing a debt established under this
section is receiving public assistance, the department may collect the debt by
offsetting up to ten percent of the grant payment received by the person. No
collection action may be taken against the earnings of a person receiving cash
public assistance to collect a debt assessed under this section.
(10)
Payments not credited against the department's debt pursuant to RCW 74.20.101
may not be assessed or collected under this section.
NEW
SECTION. Sec. 897. A
new section is added to chapter 74.20A RCW to read as follows:
ACCESS
TO INFORMATION‑-CONFIDENTIALITY‑-NONLIABILITY. (1) Notwithstanding
any other provision of Washington law, the division of child support, the
Washington state support registry, or the agency or firm providing child
support enforcement services for another state under Title IV-D of the federal
social security act may access records of the following nature, in the
possession of any agency or entity listed in this section:
(a)
Records of state and local agencies, including but not limited to:
(i)
The state registrar, including but not limited to records of birth, marriage,
and death;
(ii)
Tax and revenue records, including, but not limited to, information on
residence addresses, employers, and assets;
(iii)
Records concerning real and titled personal property;
(iv)
Records of occupational, professional, and recreational licenses and records
concerning the ownership and control of corporations, partnerships, and other
business entities;
(v)
Employment security records;
(vi)
Records of agencies administering public assistance programs; and
(vii)
Records of the department of corrections, and of county and municipal
correction or confinement facilities;
(b)
Records of public utilities and cable television companies relating to persons
who owe or are owed support, or against whom a support obligation is sought,
including names and addresses of the individuals, and employers' names and
addresses pursuant to section 898 of this act and RCW 74.20A.120; and
(c)
Records held by financial institutions, pursuant to section 899 of this act.
(2)
Upon the request of the division of child support, the Washington state support
registry, or the agency or firm providing child support enforcement services
for another state under Title IV-D of the social security act, any employer
shall provide information as to the employment, earnings, benefits, and
residential address and phone number of any employee.
(3)
Entities in possession of records described in subsection (1)(a) and (c) of
this section must provide information and records upon the request of the
division of child support, the Washington state support registry, or the agency
or firm providing child support enforcement services for another state under
Title IV-D of the federal social security act. The division of child support
may enter into agreements providing for electronic access to these records.
(4)
Public utilities and cable television companies must provide the information in
response to a judicial or administrative subpoena issued by the division of
child support, the Washington state support registry, or the agency or firm
providing child support enforcement services for another state under Title IV-D
of the federal social security act.
(5)
Entities responding to information requests and subpoenas under this section
are not liable for disclosing information pursuant to the request or subpoena.
(6)
The division of child support shall maintain all information gathered under
this section confidential and shall only disclose this information as provided
under RCW 26.23.120.
(7)
The division of child support may impose fines for noncompliance with this
section using the notice of noncompliance under section 893 of this act.
NEW
SECTION. Sec. 898. A
new section is added to chapter 74.20 RCW to read as follows:
SUBPOENA
AUTHORITY‑-ENFORCEMENT. In carrying out the provisions of this chapter
or chapters 26.18, 26.23, 26.26, and 74.20A RCW, the secretary and other duly
authorized officers of the department may subpoena witnesses, take testimony,
and compel the production of such papers, books, records, and documents as they
may deem relevant to the performance of their duties. The division of child
support may enforce subpoenas issued under this power according to section 893
of this act.
NEW
SECTION. Sec. 899. A
new section is added to chapter 74.20A RCW to read as follows:
FINANCIAL
INSTITUTION DATA MATCHES. (1) Each calendar quarter financial institutions
doing business in the state of Washington shall report to the department the
name, record address, social security number or other taxpayer identification
number, and other information determined necessary by the department for each
individual who maintains an account at such institution and is identified by
the department as owing a support debt.
(2)
The department and financial institutions shall enter into agreements to
develop and operate a data match system, using automated data exchanges to the
extent feasible, to minimize the cost of providing information required under
subsection (1) of this section.
(3)
The department may pay a reasonable fee to a financial institution for
conducting the data match not to exceed the actual costs incurred.
(4)
A financial institution is not liable for any disclosure of information to the
department under this section.
(5)
The division of child support shall maintain all information gathered under
this section confidential and shall only disclose this information as provided
under RCW 26.23.120.
Sec.
900. RCW
42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80
s 1 are each reenacted and amended to read as follows:
(1)
The following are exempt from public inspection and copying:
(a)
Personal information in any files maintained for students in public schools,
patients or clients of public institutions or public health agencies, or
welfare recipients.
(b)
Personal information in files maintained for employees, appointees, or elected
officials of any public agency to the extent that disclosure would violate
their right to privacy.
(c)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the
taxpayer's right to privacy or result in unfair competitive disadvantage to the
taxpayer.
(d)
Specific intelligence information and specific investigative records compiled
by investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e)
Information revealing the identity of persons who are witnesses to or victims
of crime or who file complaints with investigative, law enforcement, or
penology agencies, other than the public disclosure commission, if disclosure
would endanger any person's life, physical safety, or property. If at the time
a complaint is filed the complainant, victim or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all complaints
filed with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
(f)
Test questions, scoring keys, and other examination data used to administer a
license, employment, or academic examination.
(g)
Except as provided by chapter 8.26 RCW, the contents of real estate appraisals,
made for or by any agency relative to the acquisition or sale of property,
until the project or prospective sale is abandoned or until such time as all of
the property has been acquired or the property to which the sale appraisal
relates is sold, but in no event shall disclosure be denied for more than three
years after the appraisal.
(h)
Valuable formulae, designs, drawings, and research data obtained by any agency
within five years of the request for disclosure when disclosure would produce
private gain and public loss.
(i)
Preliminary drafts, notes, recommendations, and intra-agency memorandums in
which opinions are expressed or policies formulated or recommended except that
a specific record shall not be exempt when publicly cited by an agency in
connection with any agency action.
(j)
Records which are relevant to a controversy to which an agency is a party but
which records would not be available to another party under the rules of
pretrial discovery for causes pending in the superior courts.
(k)
Records, maps, or other information identifying the location of archaeological
sites in order to avoid the looting or depredation of such sites.
(l)
Any library record, the primary purpose of which is to maintain control of
library materials, or to gain access to information, which discloses or could
be used to disclose the identity of a library user.
(m)
Financial information supplied by or on behalf of a person, firm, or
corporation for the purpose of qualifying to submit a bid or proposal for (i) a
ferry system construction or repair contract as required by RCW 47.60.680
through 47.60.750 or (ii) highway construction or improvement as required by
RCW 47.28.070.
(n)
Railroad company contracts filed prior to July 28, 1991, with the utilities and
transportation commission under RCW 81.34.070, except that the summaries of the
contracts are open to public inspection and copying as otherwise provided by
this chapter.
(o)
Financial and commercial information and records supplied by private persons
pertaining to export services provided pursuant to chapter 43.163 RCW and
chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW
43.23.035.
(p)
Financial disclosures filed by private vocational schools under chapters 28B.85
and 28C.10 RCW.
(q)
Records filed with the utilities and transportation commission or attorney
general under RCW 80.04.095 that a court has determined are confidential under
RCW 80.04.095.
(r)
Financial and commercial information and records supplied by businesses or
individuals during application for loans or program services provided by
chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided by any local agency.
(s)
Membership lists or lists of members or owners of interests of units in
timeshare projects, subdivisions, camping resorts, condominiums, land
developments, or common-interest communities affiliated with such projects,
regulated by the department of licensing, in the files or possession of the
department.
(t)
All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an applicant.
(u)
The residential addresses and residential telephone numbers of employees or
volunteers of a public agency which are held by the agency in personnel
records, employment or volunteer rosters, or mailing lists of employees or
volunteers.
(v)
The residential addresses and residential telephone numbers of the customers of
a public utility contained in the records or lists held by the public utility
of which they are customers, except that this information may be released to
the division of child support or the agency or firm providing child support
enforcement for another state under Title IV-D of the federal social security
act, for the establishment, enforcement, or modification of a support order.
(w)(i)
The federal social security number of individuals governed under chapter 18.130
RCW maintained in the files of the department of health, except this exemption
does not apply to requests made directly to the department from federal, state,
and local agencies of government, and national and state licensing,
credentialing, investigatory, disciplinary, and examination organizations; (ii)
the current residential address and current residential telephone number of a
health care provider governed under chapter 18.130 RCW maintained in the files
of the department, if the provider requests that this information be withheld
from public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW 18.130.140 maintained in
the files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW 42.17.260(9).
(x)
Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y)
Information obtained by the board of pharmacy or the department of health and
its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z)
Financial information, business plans, examination reports, and any information
produced or obtained in evaluating or examining a business and industrial
development corporation organized or seeking certification under chapter 31.24
RCW.
(aa)
Financial and commercial information supplied to the state investment board by
any person when the information relates to the investment of public trust or
retirement funds and when disclosure would result in loss to such funds or in
private loss to the providers of this information.
(bb)
Financial and valuable trade information under RCW 51.36.120.
(cc)
Client records maintained by an agency that is a domestic violence program as
defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030.
(dd)
Information that identifies a person who, while an agency employee: (i) Seeks
advice, under an informal process established by the employing agency, in order
to ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
(ee)
Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff)
Business related information protected from public inspection and copying under
RCW 15.86.110.
(gg)
Financial, commercial, operations, and technical and research information and
data submitted to or obtained by the clean Washington center in applications
for, or delivery of, program services under chapter 70.95H RCW.
(hh)
Information and documents created specifically for, and collected and
maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless
of which agency is in possession of the information and documents.
(ii)
Personal information in files maintained in a data base created under RCW
43.07.360.
(2)
Except for information described in subsection (1)(c)(i) of this section and
confidential income data exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to the extent that
information, the disclosure of which would violate personal privacy or vital
governmental interests, can be deleted from the specific records sought. No
exemption may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person or persons.
(3)
Inspection or copying of any specific records exempt under the provisions of
this section may be permitted if the superior court in the county in which the
record is maintained finds, after a hearing with notice thereof to every person
in interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4)
Agency responses refusing, in whole or in part, inspection of any public record
shall include a statement of the specific exemption authorizing the withholding
of the record (or part) and a brief explanation of how the exemption applies to
the record withheld.
NEW
SECTION. Sec. 901. A
new section is added to chapter 74.20 RCW to read as follows:
ORDERS
FOR GENETIC TESTING. (1) The division of child support may issue an order for
genetic testing when providing services under this chapter and Title IV-D of
the federal social security act if genetic testing:
(a)
Is appropriate in an action under chapter 26.26 RCW, the uniform parentage act;
(b)
Is appropriate in an action to establish support under RCW 74.20A.056; or
(c)
Would assist the parties or the division of child support in determining
whether it is appropriate to proceed with an action to establish or
disestablish paternity.
(2)
The order for genetic testing shall be served on the alleged parent or parents
and the legal parent by personal service or by any form of mail requiring a
return receipt.
(3)
Within twenty days of the date of service of an order for genetic testing, any
party required to appear for genetic testing, the child, or a guardian on the
child's behalf, may petition in superior court under chapter 26.26 RCW to bar
or postpone genetic testing.
(4)
The order for genetic testing shall contain:
(a)
An explanation of the right to proceed in superior court under subsection (3)
of this section;
(b)
Notice that if no one proceeds under subsection (3) of this section, the agency
issuing the order will schedule genetic testing and will notify the parties of
the time and place of testing by regular mail;
(c)
Notice that the parties must keep the agency issuing the order for genetic
testing informed of their residence address and that mailing a notice of time
and place for genetic testing to the last known address of the parties by
regular mail constitutes valid service of the notice of time and place;
(d)
Notice that the order for genetic testing may be enforced through:
(i)
Public assistance grant reduction for noncooperation, pursuant to agency rule,
if the child and custodian are receiving public assistance;
(ii)
Termination of support enforcement services under Title IV-D of the federal
social security act if the child and custodian are not receiving public
assistance;
(iii)
A referral to superior court for an appropriate action under chapter 26.26 RCW;
or
(iv)
A referral to superior court for remedial sanctions under RCW 7.21.060.
(5)
The department may advance the costs of genetic testing under this section.
(6)
If an action is pending under chapter 26.26 RCW, a judgment for reimbursement
of the cost of genetic testing may be awarded under RCW 26.26.100.
(7)
If no action is pending in superior court, the department may impose an
obligation to reimburse costs of genetic testing according to rules adopted by
the department to implement RCW 74.20A.056.
Sec.
902. RCW
26.23.045 and 1994 c 230 s 8 are each amended to read as follows:
(1)
The ((office of support enforcement)) division of child support,
Washington state support registry, shall provide support enforcement services
under the following circumstances:
(a)
Whenever public assistance under RCW 74.20.330 is paid;
(b)
((Whenever a request for nonassistance support enforcement services under
RCW 74.20.040(2) is received;
(c)))
Whenever a request for support enforcement services under RCW 74.20.040(((3)))
is received;
(((d)))
(c) When a support order which contains language directing a responsible
parent to make support payments to the Washington state support registry under
RCW 26.23.050 is submitted and the division of child support receives a
written application for services or is already providing services;
(((e)
When a support order is forwarded to the Washington state support registry by
the clerk of a superior court under RCW 26.23.050(5);
(f))) (d)
When the obligor submits a support order or support payment, and an
application, to the Washington state support registry.
(2)
The ((office of support enforcement)) division of child support
shall continue to provide support enforcement services for so long as and under
such conditions as the department shall establish by regulation or until the
superior court enters an order removing the requirement that the obligor make
support payments to the Washington state support registry as provided for in
RCW 26.23.050(((2))).
NEW
SECTION. Sec. 903. A
new section is added to chapter 26.23 RCW to read as follows:
STATE
CASE REGISTRY--SUBMISSION OF ORDERS. (1) The division of child support,
Washington state support registry shall operate a state case registry
containing records of all orders establishing or modifying a support order that
are entered after October 1, 1998.
(2)
The superior court clerk, the office of administrative hearings, and the
department of social and health services shall, within five days of entry,
forward to the Washington state support registry, a true and correct copy of
all superior court orders or administrative orders establishing or modifying a
support obligation that provide that support payments shall be made to the
support registry.
(3)
The division of child support shall reimburse the clerk for the reasonable
costs of copying and sending copies of court orders to the registry at the
reimbursement rate provided in Title IV‑D of the federal social security
act.
(4)
Effective October 1, 1998, the superior court clerk, the office of administrative
hearings, and the department of social and health services shall, within five
days of entry, forward to the Washington state support registry a true and
correct copy of all superior court orders or administrative orders establishing
or modifying a support obligation.
(5)
Receipt of a support order by the registry or other action under this section
on behalf of a person or persons who have not made a written application for
support enforcement services to the division of child support and who are not
recipients of public assistance is deemed to be:
(a)
A request for payment services only if the order requires payment to the
Washington state support registry;
(b)
A submission for inclusion in the state case registry if the order does not
require that support payments be made to the Washington state support registry.
NEW
SECTION. Sec. 904. A
new section is added to chapter 26.23 RCW to read as follows:
ADDRESS
AND EMPLOYER INFORMATION IN SUPPORT ORDERS‑-DUTY TO UPDATE‑-PROVISIONS
REGARDING SERVICE. (1) Each party to a paternity or child support proceeding
must provide the court and the Washington state child support registry with his
or her:
(a)
Social security number;
(b)
Current residential address;
(c)
Date of birth;
(d)
Telephone number;
(e)
Driver's license number; and
(f)
Employer's name, address, and telephone number.
(2)
Each party to an order entered in a child support or paternity proceeding shall
update the information required under subsection (1) of this section promptly
after any change in the information. The duty established under this section
continues as long as any monthly support or support debt remains due under the
support order.
(3)
In any proceeding to establish, enforce, or modify the child support order
between the parties, a party may demonstrate to the presiding officer that he
or she has diligently attempted to locate the other party. Upon a showing of
diligent efforts to locate, the presiding officer may allow, or accept as
adequate, service of process for the action by delivery of written notice to
the address most recently provided by the party under this section.
(4)
All support orders shall contain notice to the parties of the obligations
established by this section and possibility of service of process according to
subsection (3) of this section.
Sec.
905. RCW
26.23.030 and 1989 c 360 s 6 are each amended to read as follows:
(1)
There is created a Washington state support registry within the ((office of
support enforcement)) division of child support as the agency
designated in Washington state to administer the child support program under
Title IV-D of the federal social security act. The registry shall:
(a)
Provide a central unit for collection of support payments made to the
registry;
(b)
Account for and disburse all support payments received by the registry;
(((b)))
(c) Maintain the necessary records including, but not limited to,
information on support orders, support debts, the date and amount of support
due; the date and amount of payments; and the names, social security numbers,
and addresses of the parties;
(((c)))
(d) Develop procedures for providing information to the parties
regarding action taken by, and support payments collected and distributed by
the registry; and
(e)
Maintain a state child support case registry to compile and maintain records on
all child support orders entered in the state of Washington.
(2)
The ((office of support enforcement)) division of child support
may assess and collect interest at the rate of twelve percent per year on
unpaid child support that has accrued under any support order entered into the
registry. This interest rate shall not apply to those support orders already
specifying an interest assessment at a different rate.
(3)
The secretary of social and health services shall adopt rules for the
maintenance and retention of records of support payments and for the archiving
and destruction of such records when the support obligation terminates or is
satisfied. When a support obligation established under court order entered in
a superior court of this state has been satisfied, a satisfaction of judgment form
shall be prepared by the registry and filed with the clerk of the court in
which the order was entered.
Sec.
906. RCW
74.20A.060 and 1989 c 360 s 9 and 1989 c 175 s 153 are each reenacted and
amended to read as follows:
(1)
The secretary may assert a lien upon the real or personal property of a
responsible parent:
(a)
When a support payment is past due, if the parent's support order ((was
entered in accordance with RCW 26.23.050(1))) contains notice that liens
may be enforced against real and personal property, or notice that action may
be taken under this chapter;
(b)
Twenty-one days after service of a notice of support debt under RCW 74.20A.040;
(c)
Twenty-one days after service of a notice and finding of financial responsibility
under RCW 74.20A.055;
(d)
Twenty-one days after service of a notice and finding of parental
responsibility;
(e)
Twenty-one days after service of a notice of support owed under RCW 26.23.110;
or
(f)
When appropriate under RCW 74.20A.270.
(2)
The division of child support may use uniform interstate lien forms adopted
by the United States department of health and human services to assert liens on
a responsible parent's real and personal property located in another state.
(3)
The claim of the department for a support debt, not paid when due, shall be a
lien against all property of the debtor with priority of a secured creditor.
This lien shall be separate and apart from, and in addition to, any other lien
created by, or provided for, in this title. The lien shall attach to all real
and personal property of the debtor on the date of filing of such statement
with the county auditor of the county in which such property is located.
(((3)))
(4) Whenever a support lien has been filed and there is in the
possession of any person, firm, corporation, association, political subdivision
or department of the state having notice of said lien any property which may be
subject to the support lien, such property shall not be paid over, released,
sold, transferred, encumbered or conveyed, except as provided for by the
exemptions contained in RCW 74.20A.090 and 74.20A.130, unless:
(a)
A written release or waiver signed by the secretary has been delivered to said
person, firm, corporation, association, political subdivision or department of
the state; or
(b)
A determination has been made in an adjudicative proceeding pursuant to RCW
74.20A.055 or by a superior court ordering release of said support lien on the
basis that no debt exists or that the debt has been satisfied.
Sec.
907. RCW
74.20A.080 and 1994 c 230 s 20 are each amended to read as follows:
(1)
The secretary may issue to any person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States, an order to withhold and deliver property
of any kind, including but not restricted to earnings which are or might become
due, owing, or belonging to the debtor, when the secretary has reason to believe
that there is in the possession of such person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States property which is or might become due,
owing, or belonging to said debtor. Such order to withhold and deliver may be
issued:
(a)
((When a support payment is past due)) At any time, if a
responsible parent's support order:
(i)
Contains ((language directing the parent to make support payments to the
Washington state support registry; and)) notice that withholding action
may be taken against earnings, wages, or assets without further notice to the
parent; or
(ii)
Includes a statement that other income-withholding action under this chapter
may be taken without further notice to the responsible parent((, as provided
for in RCW 26.23.050(1)));
(b)
Twenty-one days after service of a notice of support debt under RCW 74.20A.040;
(c)
Twenty-one days after service of a notice and finding of parental
responsibility under RCW 74.20A.056;
(d)
Twenty-one days after service of a notice of support owed under RCW 26.23.110;
(e)
Twenty-one days after service of a notice and finding of financial
responsibility under RCW 74.20A.055; or
(f)
When appropriate under RCW 74.20A.270.
(2)
The order to withhold and deliver shall:
(a)
State the amount to be withheld on a periodic basis if the order to withhold
and deliver is being served to secure payment of monthly current support;
(b)
State the amount of the support debt accrued;
(((b)))
(c) State in summary the terms of RCW 74.20A.090 and 74.20A.100;
(((c)))
(d) Be served in the manner prescribed for the service of a summons in a
civil action or by certified mail, return receipt requested.
(3)
The division of child support may use uniform interstate withholding forms
adopted by the United States department of health and human services to take
withholding actions under this section when the responsible parent is owed
money or property that is located in another state.
(4)
Any person, firm, corporation, association, political subdivision, department
of the state, or agency, subdivision, or instrumentality of the United States
upon whom service has been made is hereby required to:
(a)
Answer said order to withhold and deliver within twenty days, exclusive of the
day of service, under oath and in writing, and shall make true answers to the
matters inquired of therein; and
(b)
Provide further and additional answers when requested by the secretary.
(((4)))
(5) Any such person, firm, corporation, association, political
subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States in possession of any property which may be
subject to the claim of the department ((of social and health services))
shall:
(a)(i)
Immediately withhold such property upon receipt of the order to withhold and
deliver; and
(ii)
Immediately deliver the property to the secretary as soon as the
twenty-day answer period expires;
(iii)
Continue to withhold earnings payable to the debtor at each succeeding
disbursement interval as provided for in RCW 74.20A.090, and deliver amounts
withheld from earnings to the secretary on the date earnings are payable to the
debtor;
(iv)
Deliver amounts withheld from periodic payments to the secretary on the date
the payments are payable to the debtor;
(v)
Inform the secretary of the date the amounts were withheld as requested under
this section; or
(b)
Furnish to the secretary a good and sufficient bond, satisfactory to the
secretary, conditioned upon final determination of liability.
(((5)))
(6) An order to withhold and deliver served under this section shall not
expire until:
(a)
Released in writing by the ((office of support enforcement)) division
of child support;
(b)
Terminated by court order; or
(c)
The person or entity receiving the order to withhold and deliver does not
possess property of or owe money to the debtor for any period of twelve
consecutive months following the date of service of the order to withhold and
deliver.
(((6)))
(7) Where money is due and owing under any contract of employment,
express or implied, or is held by any person, firm, corporation, or
association, political subdivision, or department of the state, or agency,
subdivision, or instrumentality of the United States subject to withdrawal by
the debtor, such money shall be delivered by remittance payable to the order of
the secretary.
(((7)))
(8) Delivery to the secretary of the money or other property held or
claimed shall satisfy the requirement and serve as full acquittance of the
order to withhold and deliver.
(((8)))
(9) A person, firm, corporation, or association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the
United States that complies with the order to withhold and deliver under this
chapter is not civilly liable to the debtor for complying with the order to
withhold and deliver under this chapter.
(((9)))
(10) The secretary may hold the money or property delivered under this
section in trust for application on the indebtedness involved or for return,
without interest, in accordance with final determination of liability or
nonliability.
(((10)))
(11) Exemptions contained in RCW 74.20A.090 apply to orders to withhold
and deliver issued under this section.
(((11)))
(12) The secretary shall also, on or before the date of service of the
order to withhold and deliver, mail or cause to be mailed a copy of the order
to withhold and deliver to the debtor at the debtor's last known post office
address, or, in the alternative, a copy of the order to withhold and deliver
shall be served on the debtor in the same manner as a summons in a civil action
on or before the date of service of the order or within two days thereafter.
The copy of the order shall be mailed or served together with a concise
explanation of the right to petition for judicial review. This requirement is
not jurisdictional, but, if the copy is not mailed or served as in this section
provided, or if any irregularity appears with respect to the mailing or
service, the superior court, in its discretion on motion of the debtor promptly
made and supported by affidavit showing that the debtor has suffered
substantial injury due to the failure to mail the copy, may set aside the order
to withhold and deliver and award to the debtor an amount equal to the damages
resulting from the secretary's failure to serve on or mail to the debtor the
copy.
(((12)))
(13) An order to withhold and deliver issued in accordance with this
section has priority over any other wage assignment, garnishment, attachment,
or other legal process((, except for another wage assignment, garnishment,
attachment, or other legal process for child support)).
(((13)))
(14) The ((office of support enforcement)) division of child
support shall notify any person, firm, corporation, association, or
political subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States required to withhold and deliver the
earnings of a debtor under this action that they may deduct a processing fee
from the remainder of the debtor's earnings, even if the remainder would
otherwise be exempt under RCW 74.20A.090. The processing fee shall not exceed
ten dollars for the first disbursement to the department and one dollar for
each subsequent disbursement under the order to withhold and deliver.
Sec.
908. RCW
26.23.120 and 1994 c 230 s 12 are each amended to read as follows:
(1)
Any information or records concerning individuals who owe a support obligation
or for whom support enforcement services are being provided which are obtained
or maintained by the Washington state support registry, the ((office of
support enforcement)) division of child support, or under chapter
74.20 RCW shall be private and confidential and shall only be subject to public
disclosure as provided in subsection (2) of this section.
(2)
The secretary of the department of social and health services ((shall)) may
adopt rules ((which)):
(a)
That specify what information is confidential;
(b)
That specify the individuals or agencies to whom this information and these
records may be disclosed((,));
(c)
Limiting the purposes for which the information may be disclosed((, and
the));
(d)
Establishing procedures to obtain the information or records; or
(e)
Establishing safeguards necessary to comply with federal law requiring
safeguarding of information.
(3)
The rules adopted under subsection (2) of this section shall provide for
disclosure of the information and records, under appropriate circumstances,
which shall include, but not be limited to:
(a)
When authorized or required by federal statute or regulation governing the
support enforcement program;
(b)
To the person the subject of the records or information, unless the information
is exempt from disclosure under RCW 42.17.310;
(c)
To government agencies, whether state, local, or federal, and including federally
recognized tribes, law enforcement agencies, prosecuting agencies, and the
executive branch, if the disclosure is necessary for child support enforcement
purposes or required under Title IV-D of the federal social security act;
(d)
To the parties in a judicial or adjudicative proceeding upon a specific written
finding by the presiding officer that the need for the information outweighs
any reason for maintaining the privacy and confidentiality of the information
or records;
(e)
To private persons, federally recognized tribes, or organizations if the
disclosure is necessary to permit private contracting parties to assist in the
management and operation of the department;
(f)
Disclosure of address and employment information to the parties to an action for
purposes relating to a child support order, subject to the limitations in
subsections (4) and (5) of this section;
(g)
Disclosure of information or records when necessary to the efficient
administration of the support enforcement program or to the performance of
functions and responsibilities of the support registry and the ((office of
support enforcement)) division of child support as set forth in
state and federal statutes; or
(h)
Disclosure of the information or records when authorized under RCW 74.04.060.
(((3)))
(4) Prior to disclosing the ((physical custodian's address under
subsection (2)(f) of this section)) whereabouts of a parent or a party
to a support order to the other parent or party, a notice shall be mailed,
if appropriate under the circumstances, to the ((physical custodian)) parent
or other party whose whereabouts are to be disclosed, at ((the physical
custodian's)) that person's last known address. The notice shall
advise the ((physical custodian)) parent or party that a request
for disclosure has been made and will be complied with unless the department:
(a)
Receives a copy of a court order within thirty days which enjoins
the disclosure of the information or restricts or limits the requesting party's
right to contact or visit the ((physical custodian)) parent or party
whose address is to be disclosed or the child((, or the custodial parent
requests a hearing to contest the disclosure));
(b)
Receives a hearing request within thirty days under subsection (5) of this
section; or
(c)
Has reason to believe that the release of the information may result in
physical or emotional harm to the party whose whereabouts are to be released,
or to the child.
(5)
A person receiving notice under subsection (4) of this section may request an
adjudicative proceeding under chapter 34.05 RCW, at which the person may show
that there is reason to believe that release of the information may result in
physical or emotional harm to the person or the child. The administrative
law judge shall determine whether the ((address)) whereabouts of
the ((custodial parent)) person should be disclosed based on ((the
same standard as a claim of "good cause" as defined in 42 U.S.C. Sec.
602(a)(26)(c))) subsection (4)(c) of this section, however no hearing is
necessary if the department has in its possession a protective order or an
order limiting visitation or contact.
(((4)))
(6) Nothing in this section shall be construed as limiting or
restricting the effect of RCW 42.17.260(((6))) (9). Nothing in
this section shall be construed to prevent the disclosure of information and
records if all details identifying an individual are deleted or the individual
consents to the disclosure.
(((5)))
(7) It shall be unlawful for any person or agency in violation of this
section to solicit, publish, disclose, receive, make use of, or to authorize,
knowingly permit, participate in or acquiesce in the use of any lists of names
for commercial or political purposes or the use of any information for purposes
other than those purposes specified in this section. A violation of this
section shall be a gross misdemeanor as provided in chapter 9A.20 RCW.
Sec.
909. RCW
26.04.160 and 1993 c 451 s 1 are each amended to read as follows:
(1)
Application for a marriage license must be made and filed with the appropriate
county auditor upon blanks to be provided by the county auditor for that
purpose, which application shall be under the oath of each of the applicants,
and each application shall state the name, address at the time of execution of
application, age, social security number, birthplace, whether single,
widowed or divorced, and whether under control of a guardian, residence during the
past six months: PROVIDED, That each county may require such other and further
information on said application as it shall deem necessary.
(2) The county legislative authority may impose an additional fee
up to fifteen dollars on a marriage license for the purpose of funding family
services such as family support centers.
Sec.
910. RCW
26.09.170 and 1992 c 229 s 2 are each amended to read as follows:
(1)
Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions
of any decree respecting maintenance or support may be modified: (a) Only as
to installments accruing subsequent to the petition for modification or motion
for adjustment except motions to compel court-ordered adjustments, which shall
be effective as of the first date specified in the decree for implementing the
adjustment; and, (b) except as otherwise provided in subsections (4), (5), (8),
and (9) of this section, only upon a showing of a substantial change of
circumstances. The provisions as to property disposition may not be revoked or
modified, unless the court finds the existence of conditions that justify the
reopening of a judgment under the laws of this state.
(2)
Unless otherwise agreed in writing or expressly provided in the decree the
obligation to pay future maintenance is terminated upon the death of either
party or the remarriage of the party receiving maintenance.
(3)
Unless otherwise agreed in writing or expressly provided in the decree,
provisions for the support of a child are terminated by emancipation of the
child or by the death of the parent obligated to support the child.
(4)
An order of child support may be modified one year or more after it has been
entered without showing a substantial change of circumstances:
(a)
If the order in practice works a severe economic hardship on either party or
the child;
(b)
If a party requests an adjustment in an order for child support which was based
on guidelines which determined the amount of support according to the child's
age, and the child is no longer in the age category on which the current
support amount was based;
(c)
If a child is still in high school, upon a finding that there is a need to
extend support beyond the eighteenth birthday to complete high school; or
(d)
To add an automatic adjustment of support provision consistent with RCW
26.09.100.
(5)
An order or decree entered prior to June 7, 1984, may be modified without
showing a substantial change of circumstances if the requested modification is
to:
(a)
Require health insurance coverage for a child named therein; or
(b)
Modify an existing order for health insurance coverage.
(6)
An obligor's voluntary unemployment or voluntary underemployment, by itself, is
not a substantial change of circumstances.
(7)
The department of social and health services may file an action to modify an
order of child support if public assistance money is being paid to or for the
benefit of the child and the child support order is twenty-five percent or more
below the appropriate child support amount set forth in the standard
calculation as defined in RCW 26.19.011 and reasons for the deviation are not
set forth in the findings of fact or order. The determination of twenty-five
percent or more shall be based on the current income of the parties and the
department shall not be required to show a substantial change of circumstances
if the reasons for the deviations were not set forth in the findings of fact or
order.
(8)(a)
All child support decrees may be adjusted once every twenty-four months based
upon changes in the income of the parents without a showing of substantially
changed circumstances. Either party may initiate the adjustment by filing a
motion and child support worksheets.
(b)
A party may petition for modification in cases of substantially changed
circumstances under subsection (1) of this section at any time. However, if
relief is granted under subsection (1) of this section, twenty-four months must
pass before a motion for an adjustment under (a) of this subsection may be
filed.
(c)
If, pursuant to (a) of this subsection or subsection (9) of this section, the
court adjusts or modifies a child support obligation by more than thirty
percent and the change would cause significant hardship, the court may
implement the change in two equal increments, one at the time of the entry of
the order and the second six months from the entry of the order. Twenty-four
months must pass following the second change before a motion for an adjustment
under (a) of this subsection may be filed.
(d)
A parent who is receiving transfer payments who receives a wage or salary
increase may not bring a modification action pursuant to subsection (1) of this
section alleging that increase constitutes a substantial change of
circumstances.
(e)
The department of social and health services may file an action at any time to
modify an order of child support in cases of substantially changed
circumstances if public assistance money is being paid to or for the benefit of
the child. The determination of the existence of substantially changed
circumstances by the department that lead to the filing of an action to modify
the order of child support is not binding upon the court.
(9)
An order of child support may be adjusted twenty-four months from the date of
the entry of the decree or the last adjustment or modification, whichever is
later, based upon changes in the economic table or standards in chapter 26.19
RCW.
Sec.
911. RCW
26.21.005 and 1993 c 318 s 101 are each amended to read as follows:
In
this chapter:
(1)
"Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the beneficiary of a support order
directed to the parent.
(2)
"Child support order" means a support order for a child, including a
child who has attained the age of majority under the law of the issuing state.
(3)
"Duty of support" means an obligation imposed or imposable by law to
provide support for a child, spouse, or former spouse, including an unsatisfied
obligation to provide support.
(4)
"Home state" means the state in which a child lived with a parent or
a person acting as parent for at least six consecutive months immediately
preceding the time of filing of a petition or comparable pleading for support
and, if a child is less than six months old, the state in which the child lived
from birth with any of them. A period of temporary absence of any of them is
counted as part of the six-month or other period.
(5)
"Income" includes earnings or other periodic entitlements to money
from any source and any other property subject to withholding for support under
the law of this state.
(6)
"Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by ((chapter
6.27)) RCW 50.04.080, to withhold support from the income of the
obligor.
(7)
"Initiating state" means a state ((in)) from which a
proceeding is forwarded or in which a proceeding is filed for forwarding to
a responding state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act ((is
filed for forwarding to a responding state)).
(8)
"Initiating tribunal" means the authorized tribunal in an initiating
state.
(9)
"Issuing state" means the state in which a tribunal issues a support
order or renders a judgment determining parentage.
(10)
"Issuing tribunal" means the tribunal that issues a support order or
renders a judgment determining parentage.
(11)
"Law" includes decisional and statutory law and rules and regulations
having the force of law.
(12)
"Obligee" means:
(a)
An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order has been issued or a judgment determining parentage has
been rendered;
(b)
A state or political subdivision to which the rights under a duty of support or
support order have been assigned or which has independent claims based on
financial assistance provided to an individual obligee; or
(c)
An individual seeking a judgment determining parentage of the individual's
child.
(13)
"Obligor" means an individual, or the estate of a decedent:
(a)
Who owes or is alleged to owe a duty of support;
(b)
Who is alleged but has not been adjudicated to be a parent of a child; or
(c)
Who is liable under a support order.
(14)
"Register" means to record or file in the appropriate location for
the recording or filing of foreign judgments generally or foreign support
orders specifically, a support order or judgment determining parentage.
(15)
"Registering tribunal" means a tribunal in which a support order is
registered.
(16)
"Responding state" means a state ((to)) in which a
proceeding is filed or to which a proceeding is forwarded for filing
from an initiating state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17)
"Responding tribunal" means the authorized tribunal in a responding
state.
(18)
"Spousal support order" means a support order for a spouse or former
spouse of the obligor.
(19)
"State" means a state of the United States, the District of Columbia,
((the Commonwealth of)) Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the jurisdiction
of the United States. The term (("state")) includes:
(i)
An Indian tribe ((and includes)); and
(ii)
A foreign jurisdiction that has enacted a law or established
procedures for issuance and enforcement of support orders ((that)) which
are substantially similar to the procedures under this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
(20)
"Support enforcement agency" means a public official or agency
authorized to seek:
(a)
Enforcement of support orders or laws relating to the duty of support;
(b)
Establishment or modification of child support;
(c)
Determination of parentage; or
(d)
Location of obligors or their assets.
(21)
"Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a child, a
spouse, or a former spouse, that provides for monetary support, health care,
arrearages, or reimbursement, and may include related costs and fees, interest,
income withholding, attorneys' fees, and other relief.
(22)
"Tribunal" means a court, administrative agency, or quasi-judicial
entity authorized to establish, enforce, or modify support orders or to
determine parentage.
Sec.
912. RCW
26.21.115 and 1993 c 318 s 205 are each amended to read as follows:
(1)
A tribunal of this state issuing a support order consistent with the law of
this state has continuing, exclusive jurisdiction over a child support order:
(a)
As long as this state remains the residence of the obligor, the individual
obligee, or the child for whose benefit the support order is issued; or
(b)
Until ((each individual party has)) all of the parties who are
individuals have filed written consents with the tribunal of this
state for a tribunal of another state to modify the order and assume
continuing, exclusive jurisdiction.
(2)
A tribunal of this state issuing a child support order consistent with the law
of this state may not exercise its continuing jurisdiction to modify the order
if the order has been modified by a tribunal of another state pursuant to this
chapter or a law substantially similar to this chapter.
(3)
If a child support order of this state is modified by a tribunal of another state
pursuant to this chapter or a law substantially similar to this chapter,
a tribunal of this state loses its continuing, exclusive jurisdiction with
regard to prospective enforcement of the order issued in this state, and may
only:
(a)
Enforce the order that was modified as to amounts accruing before the
modification;
(b)
Enforce nonmodifiable aspects of that order; and
(c)
Provide other appropriate relief for violations of that order which occurred
before the effective date of the modification.
(4)
A tribunal of this state shall recognize the continuing, exclusive jurisdiction
of a tribunal of another state that has issued a child support order pursuant
to this chapter or a law substantially similar to this chapter.
(5)
A temporary support order issued ex parte or pending resolution of a
jurisdictional conflict does not create continuing, exclusive jurisdiction in
the issuing tribunal.
(6)
A tribunal of this state issuing a support order consistent with the law of
this state has continuing, exclusive jurisdiction over a spousal support order
throughout the existence of the support obligation. A tribunal of this state
may not modify a spousal support order issued by a tribunal of another state
having continuing, exclusive jurisdiction over that order under the law of that
state.
Sec.
913. RCW
26.21.135 and 1993 c 318 s 207 are each amended to read as follows:
(1)
If a proceeding is brought under this chapter and only one tribunal has
issued a child support order, the order of that tribunal controls and must be
so recognized.
(2)
If a proceeding is brought under this chapter, and ((one)) two or
more child support orders have been issued ((in)) by tribunals of
this state or another state with regard to ((an)) the same
obligor and ((a)) child, a tribunal of this state shall apply the
following rules in determining which order to recognize for purposes of
continuing, exclusive jurisdiction:
(a)
If only one of the tribunals ((has issued a child support
order)) would have continuing, exclusive jurisdiction under this chapter,
the order of that tribunal controls and must be so recognized.
(b)
((If two or more tribunals have issued child support orders for the same
obligor and child, and only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that tribunal must be
recognized.
(c))) If
((two or more tribunals have issued child support orders for the same
obligor and child, and)) more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a tribunal in the
current home state of the child controls and must be so
recognized, but if an order has not been issued in the current home state of
the child, the order most recently issued controls and must be so
recognized.
(((d)
If two or more tribunals have issued child support orders for the same obligor
and child, and none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state may issue a child
support order, which must be recognized.
(2)
The tribunal that has issued an order recognized under subsection (1) of this
section is the tribunal having continuing, exclusive jurisdiction.))
(c)
If none of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the tribunal of this state having jurisdiction over the parties
shall issue a child support order, which controls and must be so recognized.
(3)
If two or more child support orders have been issued for the same obligor and
child and if the obligor or the individual obligee resides in this state, a
party may request a tribunal of this state to determine which order controls
and must be so recognized under subsection (2) of this section. The request
must be accompanied by a certified copy of every support order in effect. The
requesting party shall give notice of the request to each party whose rights
may be affected by the determination.
(4)
The tribunal that issued the controlling order under subsection (1), (2), or
(3) of this section is the tribunal that has continuing, exclusive jurisdiction
under RCW 26.21.115.
(5)
A tribunal of this state which determines by order the identity of the
controlling order under subsection (2)(a) or (b) of this section or which
issues a new controlling order under subsection (2)(c) of this section shall
state in that order the basis upon which the tribunal made its determination.
(6)
Within thirty days after issuance of an order determining the identity of the
controlling order, the party obtaining the order shall file a certified copy of
it with each tribunal that issued or registered an earlier order of child
support. A party who obtains the order and fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the issue of failure to
file arises. The failure to file does not affect the validity or enforceability
of the controlling order.
Sec.
914. RCW
26.21.235 and 1993 c 318 s 304 are each amended to read as follows:
(1)
Upon the filing of a petition authorized by this chapter, an initiating
tribunal of this state shall forward three copies of the petition and its
accompanying documents:
(((1)))
(a) To the responding tribunal or appropriate support enforcement agency
in the responding state; or
(((2)))
(b) If the identity of the responding tribunal is unknown, to the state
information agency of the responding state with a request that they be
forwarded to the appropriate tribunal and that receipt be acknowledged.
(2)
If a responding state has not enacted the Uniform Interstate Family Support Act
or a law or procedure substantially similar to the Uniform Interstate Family
Support Act, a tribunal of this state may issue a certificate or other document
and make findings required by the law of the responding state. If the
responding state is a foreign jurisdiction, the tribunal may specify the amount
of support sought and provide other documents necessary to satisfy the
requirements of the responding state.
Sec.
915. RCW
26.21.245 and 1993 c 318 s 305 are each amended to read as follows:
(1)
When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to RCW 26.21.205(3),
it shall cause the petition or pleading to be filed and notify the petitioner
((by first class mail)) where and when it was filed.
(2)
A responding tribunal of this state, to the extent otherwise authorized by law,
may do one or more of the following:
(a)
Issue or enforce a support order, modify a child support order, or render a
judgment to determine parentage;
(b)
Order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
(c)
Order income withholding;
(d)
Determine the amount of any arrearages, and specify a method of payment;
(e)
Enforce orders by civil or criminal contempt, or both;
(f)
Set aside property for satisfaction of the support order;
(g)
Place liens and order execution on the obligor's property;
(h)
Order an obligor to keep the tribunal informed of the obligor's current
residential address, telephone number, employer, address of employment, and
telephone number at the place of employment;
(i)
Issue a bench warrant or writ of arrest for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and enter the
bench warrant or writ of arrest in any local and state computer systems for
criminal warrants;
(j)
Order the obligor to seek appropriate employment by specified methods;
(k)
Award reasonable attorneys' fees and other fees and costs; and
(l)
Grant any other available remedy.
(3)
A responding tribunal of this state shall include in a support order issued
under this chapter, or in the documents accompanying the order, the
calculations on which the support order is based.
(4)
A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for
visitation.
(5)
If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order ((by first class mail)) to the
petitioner and the respondent and to the initiating tribunal, if any.
Sec.
916. RCW
26.21.255 and 1993 c 318 s 306 are each amended to read as follows:
If
a petition or comparable pleading is received by an inappropriate tribunal of
this state, it shall forward the pleading and accompanying documents to an
appropriate tribunal in this state or another state and notify the petitioner
((by first class mail)) where and when the pleading was sent.
Sec.
917. RCW
26.21.265 and 1993 c 318 s 307 are each amended to read as follows:
(1)
A support enforcement agency of this state, upon request, shall provide
services to a petitioner in a proceeding under this chapter.
(2)
A support enforcement agency that is providing services to the petitioner as
appropriate shall:
(a)
Take all steps necessary to enable an appropriate tribunal in this state or
another state to obtain jurisdiction over the respondent;
(b)
Request an appropriate tribunal to set a date, time, and place for a hearing;
(c)
Make a reasonable effort to obtain all relevant information, including
information as to income and property of the parties;
(d)
Within ((two)) five days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written notice from an initiating,
responding, or registering tribunal, send a copy of the notice ((by first
class mail)) to the petitioner;
(e)
Within ((two)) five days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written communication from the respondent or
the respondent's attorney, send a copy of the communication ((by first class
mail)) to the petitioner; and
(f)
Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3)
This chapter does not create or negate a relationship of attorney and client or
other fiduciary relationship between a support enforcement agency or the
attorney for the agency and the individual being assisted by the agency.
Sec.
918. RCW
26.21.450 and 1993 c 318 s 501 are each amended to read as follows:
(((1)))
An income-withholding order issued in another state may be sent ((by first
class mail)) to the person or entity defined as the obligor's employer
under ((chapter 6.27)) RCW 50.04.080 without first filing a
petition or comparable pleading or registering the order with a tribunal of
this state. ((Upon receipt of the order, the employer shall:
(a)
Treat an income-withholding order issued in another state that appears regular
on its face as if it had been issued by a tribunal of this state;
(b)
Immediately provide a copy of the order to the obligor; and
(c)
Distribute the funds as directed in the income-withholding order.
(2)
An obligor may contest the validity or enforcement of an income-withholding
order issued in another state in the same manner as if the order had been
issued by a tribunal of this state. RCW 26.21.510 applies to the contest. The
obligor shall give notice of the contest to any support enforcement agency
providing services to the obligee and to:
(a)
The person or agency designated to receive payments in the income-withholding
order; or
(b)
If no person or agency is designated, the obligee.))
NEW
SECTION. Sec. 919. A
new section is added to chapter 26.21 RCW to read as follows:
EMPLOYER'S
COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE. (1) Upon receipt of
an income-withholding order, the obligor's employer shall immediately provide a
copy of the order to the obligor.
(2)
The employer shall treat an income-withholding order issued in another state
that appears regular on its face as if it had been issued by a tribunal of this
state.
(3)
Except as provided in subsection (4) of this section and section 920 of this
act, the employer shall withhold and distribute the funds as directed in the
withholding order by complying with the terms of the order which specify:
(a)
The duration and amount of periodic payments of current child support, stated
as a sum certain;
(b)
The person or agency designated to receive payments and the address to which
the payments are to be forwarded;
(c)
Medical support, whether in the form of periodic cash payment, stated as sum
certain, or ordering the obligor to provide health insurance coverage for the
child under a policy available through the obligor's employment;
(d)
The amount of periodic payments of fees and costs for a support enforcement
agency, the issuing tribunal, and the obligee's attorney, stated as sum
certain; and
(e)
The amount of periodic payments of arrearages and interest on arrearages,
stated as sum certain.
(4)
The employer shall comply with the law of the state of the obligor's principal
place of employment for withholding from income with respect to:
(a)
The employer's fee for processing an income withholding order;
(b)
The maximum amount permitted to be withheld from the obligor's income; and
(c)
The times within which the employer must implement the withholding order and
forward the child support payment.
NEW
SECTION. Sec. 920. A
new section is added to chapter 26.21 RCW to read as follows:
COMPLIANCE
WITH MULTIPLE INCOME WITHHOLDING ORDERS. If an obligor's employer receives
multiple income-withholding orders with respect to the earnings of the same
obligor, the employer satisfies the terms of the multiple orders if the
employer complies with the law of the state of the obligor's principal place of
employment to establish the priorities for withholding and allocating income
withheld for multiple child support obligees.
NEW
SECTION. Sec. 921. A
new section is added to chapter 26.21 RCW to read as follows:
IMMUNITY
FROM CIVIL LIABILITY. An employer who complies with an income-withholding
order issued in another state in accordance with this article is not subject to
civil liability to an individual or agency with regard to the employer's
withholding of child support from the obligor's income.
NEW
SECTION. Sec. 922. A
new section is added to chapter 26.21 RCW to read as follows:
PENALTIES
FOR NONCOMPLIANCE. An employer who willfully fails to comply with an
income-withholding order issued by another state and received for enforcement
is subject to the same penalties that may be imposed for noncompliance with an
order issued by a tribunal of this state.
NEW
SECTION. Sec. 923. A
new section is added to chapter 26.21 RCW to read as follows:
CONTEST
BY OBLIGOR. (1) An obligor may contest the validity or enforcement of an
income-withholding order issued in another state and received directly by an
employer in this state in the same manner as if the order had been issued by a
tribunal of this state. RCW 26.21.510 applies to the contest.
(2)
The obligor shall give notice of the contest to:
(a)
A support enforcement agency providing services to the obligee;
(b)
Each employer that has directly received an income-withholding order; and
(c)
The person or agency designated to receive payments in the income-withholding
order, or if no person or agency is designated, to the obligee.
Sec.
924. RCW
26.21.490 and 1993 c 318 s 602 are each amended to read as follows:
(1)
A support order or income-withholding order of another state may be registered
in this state by sending the following documents and information to the
support enforcement agency of this state or to the superior court of any
county in this state where the obligor resides, works, or has property:
(a)
A letter of transmittal to the tribunal requesting registration and
enforcement;
(b)
Two copies, including one certified copy, of all orders to be registered,
including any modification of an order;
(c)
A sworn statement by the party seeking registration or a certified statement by
the custodian of the records showing the amount of any arrearage;
(d)
The name of the obligor and, if known:
(i)
The obligor's address and social security number;
(ii)
The name and address of the obligor's employer and any other source of income
of the obligor; and
(iii)
A description and the location of property of the obligor in this state not
exempt from execution; and
(e)
The name and address of the obligee and, if applicable, the agency or person to
whom support payments are to be remitted.
(2)
On receipt of a request for registration, the registering tribunal shall cause
the order to be filed as a foreign judgment, together with one copy of the
documents and information, regardless of their form.
(3)
A petition or comparable pleading seeking a remedy that must be affirmatively
sought under other law of this state may be filed at the same time as the
request for registration or later. The pleading must specify the grounds for
the remedy sought.
Sec.
925. RCW
26.21.520 and 1993 c 318 s 605 are each amended to read as follows:
(1)
When a support order or income-withholding order issued in another state is
registered, the registering tribunal shall notify the nonregistering party. ((Notice
must be given by certified or registered mail or by any means of personal
service authorized by the law of this state.)) The notice must be
accompanied by a copy of the registered order and the documents and relevant
information accompanying the order.
(2)
The notice must inform the nonregistering party:
(a)
That a registered order is enforceable as of the date of registration in the
same manner as an order issued by a tribunal of this state;
(b)
That a hearing to contest the validity or enforcement of the registered order
must be requested within twenty days after the date of receipt by certified or
registered mail or personal service of the notice given to a nonregistering
party within the state and within sixty days after the date of receipt by
certified or registered mail or personal service of the notice on a
nonregistering party outside of the state;
(c)
That failure to contest the validity or enforcement of the registered order in
a timely manner will result in confirmation of the order and enforcement of the
order and the alleged arrearages and precludes further contest of that order
with respect to any matter that could have been asserted; and
(d)
Of the amount of any alleged arrearages.
(3)
Upon registration of an income-withholding order for enforcement, the
registering tribunal shall notify the obligor's employer pursuant to the
income-withholding law of this state.
Sec.
926. RCW
26.21.530 and 1993 c 318 s 606 are each amended to read as follows:
(1)
A nonregistering party seeking to contest the validity or enforcement of a
registered order in this state shall request a hearing within twenty days after
the date of receipt of certified or registered mail or the date of personal
service of notice of the registration on the nonmoving party within this state,
or, within sixty days after the receipt of certified or registered mail or
personal service of the notice on the nonmoving party outside of the state. The
nonregistering party may seek to vacate the registration, to assert any defense
to an allegation of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages pursuant to RCW
26.21.540.
(2)
If the nonregistering party fails to contest the validity or enforcement of the
registered order in a timely manner, the order is confirmed by operation of
law.
(3)
If a nonregistering party requests a hearing to contest the validity or
enforcement of the registered order, the registering tribunal shall schedule
the matter for hearing and give notice to the parties ((by first class mail))
of the date, time, and place of the hearing.
Sec.
927. RCW
26.21.580 and 1993 c 318 s 611 are each amended to read as follows:
(1)
After a child support order issued in another state has been registered in this
state, the responding tribunal of this state may modify that order only if((,))
section 929 of this act does not apply and after notice and hearing((,))
it finds that:
(a)
The following requirements are met:
(i)
The child, the individual obligee, and the obligor do not reside in the issuing
state;
(ii)
A petitioner who is a nonresident of this state seeks modification; and
(iii)
The respondent is subject to the personal jurisdiction of the tribunal of this
state; or
(b)
((An individual party or)) The child, or a party who is an
individual, is subject to the personal jurisdiction of the tribunal of
this state and all of the ((individual)) parties who are
individuals have filed ((a)) written consents in the issuing
tribunal ((providing that)) for a tribunal of this state ((may))
to modify the support order and assume continuing, exclusive
jurisdiction over the order. However, if the issuing state is a foreign
jurisdiction that has not enacted a law or established procedures substantially
similar to the procedures under the Uniform Interstate Family Support Act, the
consent otherwise required of an individual residing in this state is not
required for the tribunal to assume jurisdiction to modify the child support
order.
(2)
Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an
order issued by a tribunal of this state and the order may be enforced and
satisfied in the same manner.
(3)
A tribunal of this state may not modify any aspect of a child support order
that may not be modified under the law of the issuing state. If two or more
tribunals have issued child support orders for the same obligor and child, the
order that controls and must be so recognized under RCW 26.21.135 establishes
the aspects of the support order that are nonmodifiable.
(4)
On issuance of an order modifying a child support order issued in another
state, a tribunal of this state becomes the tribunal ((of)) having
continuing, exclusive jurisdiction.
(((5)
Within thirty days after issuance of a modified child support order, the party
obtaining the modification shall file a certified copy of the order with the
issuing tribunal which had continuing, exclusive jurisdiction over the earlier
order, and in each tribunal in which the party knows that earlier order has
been registered.))
Sec.
928. RCW
26.21.590 and 1993 c 318 s 612 are each amended to read as follows:
A
tribunal of this state shall recognize a modification of its earlier child
support order by a tribunal of another state that assumed jurisdiction pursuant
to the Uniform Interstate Family Support Act or a law substantially
similar to this chapter and, upon request, except as otherwise provided in this
chapter, shall:
(1)
Enforce the order that was modified only as to amounts accruing before the
modification;
(2)
Enforce only nonmodifiable aspects of that order;
(3)
Provide other appropriate relief only for violations of that order which
occurred before the effective date of the modification; and
(4)
Recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.
NEW
SECTION. Sec. 929. A
new section is added to chapter 26.21 RCW to read as follows:
JURISDICTION
TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE IF INDIVIDUAL PARTIES RESIDE IN
THIS STATE. (1) If all of the parties who are individuals reside in this state
and the child does not reside in the issuing state, a tribunal of this state
has jurisdiction to enforce and to modify the issuing state's child support
order in a proceeding to register that order.
(2)
A tribunal of this state exercising jurisdiction under this section shall apply
the provisions of Articles 1 and 2, this article, and the procedural and
substantive law of this state to the proceeding for enforcement or
modification. Articles 3, 4, 5, 7, and 8 of this chapter do not apply.
NEW
SECTION. Sec. 930. A
new section is added to chapter 26.21 RCW to read as follows:
NOTICE
TO ISSUING TRIBUNAL OF MODIFICATION. Within thirty days after issuance of a
modified child support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that had continuing,
exclusive jurisdiction over the earlier order, and in each tribunal in which
the party knows the earlier order has been registered. A party who obtains the
order and fails to file a certified copy is subject to appropriate sanctions by
a tribunal in which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the modified order of the new
tribunal having continuing, exclusive jurisdiction.
Sec.
931. RCW
26.21.620 and 1993 c 318 s 701 are each amended to read as follows:
(1)
A tribunal of this state may serve as an initiating or responding tribunal in a
proceeding brought under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to
determine that the petitioner is a parent of a particular child or to determine
that a respondent is a parent of that child.
(2)
In a proceeding to determine parentage, a responding tribunal of this state
shall apply the Uniform Parentage Act, chapter 26.26 RCW, procedural and
substantive law of this state, and the rules of this state on choice of law.
NEW
SECTION. Sec. 932. A
new section is added to chapter 26.21 RCW to read as follows:
ADOPTION
OF RULES. The secretary of the department of social and health services shall
issue such rules as necessary to act as the administrative tribunal pursuant to
RCW 26.21.015.
Sec.
933. RCW
26.23.035 and 1991 c 367 s 38 are each amended to read as follows:
(1)
The department of social and health services shall adopt rules for the
distribution of support money collected by the ((office of support
enforcement)) division of child support. These rules shall:
(a)
Comply with ((42 U.S.C. Sec. 657)) Title IV-D of the federal social
security act as amended by the personal responsibility and work opportunity
reconciliation act of 1996;
(b)
Direct the ((office of support enforcement)) division of child
support to distribute support money within eight days of receipt, unless
one of the following circumstances, or similar circumstances specified in the
rules, prevents prompt distribution:
(i)
The location of the custodial parent is unknown;
(ii)
The support debt is in litigation;
(iii)
The ((office of support enforcement)) division of child support
cannot identify the responsible parent or the custodian;
(c)
Provide for proportionate distribution of support payments if the responsible
parent owes a support obligation or a support debt for two or more Title IV-D
cases; and
(d)
Authorize the distribution of support money, except money collected under 42
U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before
the debt owed to the state when the custodian stops receiving a public
assistance grant.
(2)
The ((office of support enforcement)) division of child support
may distribute support payments to the payee under the support order or to
another person who has lawful physical custody of the child or custody with the
payee's consent. The payee may file an application for an adjudicative
proceeding to challenge distribution to such other person. Prior to
distributing support payments to any person other than the payee, the registry
shall:
(a)
Obtain a written statement from the child's physical custodian, under penalty
of perjury, that the custodian has lawful custody of the child or custody with
the payee's consent;
(b)
Mail to the responsible parent and to the payee at the payee's last known
address a copy of the physical custodian's statement and a notice which states
that support payments will be sent to the physical custodian; and
(c)
File a copy of the notice with the clerk of the court that entered the original
support order.
(3)
If the Washington state support registry distributes a support payment to a
person in error, the registry may obtain restitution by means of a set-off
against future payments received on behalf of the person receiving the
erroneous payment, or may act according to RCW 74.20A.270 as deemed
appropriate. Any set-off against future support payments shall be limited to
amounts collected on the support debt and ten percent of amounts collected as
current support.
(4)
The division of child support shall ensure that the fifty dollar pass through
payment, as required by 42 U.S.C. Sec. 657 before the adoption of P.L. 104-193,
is terminated immediately upon the effective date of this section and all rules
to the contrary adopted before the effective date of this section are without
force and effect.
Sec.
934. RCW
74.20A.030 and 1993 sp.s. c 24 s 926 are each amended to read as follows:
(1)
The department shall be subrogated to the right of any dependent child or
children or person having the care, custody, and control of said child or
children, if public assistance money is paid to or for the benefit of the child
under a state program funded under Title IV-A of the federal social security
act as amended by the personal responsibility and work opportunity
reconciliation act of 1996, to prosecute or maintain any support action or
execute any administrative remedy existing under the laws of the state of
Washington to obtain reimbursement of moneys expended, based on the support
obligation of the responsible parent established by a superior court order or
RCW 74.20A.055. Distribution of any support moneys shall be made in accordance
with ((42 U.S.C. Sec. 657)) RCW 26.23.035.
(2)
The department may initiate, continue, maintain, or execute an action to
establish, enforce, and collect a support obligation, including establishing
paternity and performing related services, under this chapter and chapter 74.20
RCW, or through the attorney general or prosecuting attorney under chapter
26.09, 26.18, 26.20, 26.21, 26.23, or 26.26 RCW or other appropriate statutes
or the common law of this state, for so long as and under such conditions as
the department may establish by regulation.
(3)
Public assistance moneys shall be exempt from collection action under this
chapter except as provided in RCW 74.20A.270.
(4)
No collection action shall be taken against parents of children eligible for
admission to, or children who have been discharged from a residential
habilitation center as defined by RCW 71A.10.020(7). For the period July 1,
1993, through June 30, 1995, a collection action may be taken against parents
of children with developmental disabilities who are placed in community-based
residential care. The amount of support the department may collect from the
parents shall not exceed one-half of the parents' support obligation accrued
while the child was in community-based residential care. The child support
obligation shall be calculated pursuant to chapter 26.19 RCW.
Sec.
935. RCW
74.20.320 and 1979 ex.s. c 171 s 17 are each amended to read as follows:
Whenever
a custodian of children, or other person, receives support moneys paid to them
which moneys are paid in whole or in part in satisfaction of a support
obligation which has been assigned to the department pursuant to ((42 U.S.C.
Sec. 602(A)(26)(a))) Title IV-A of the federal social security act as
amended by the personal responsibility and work opportunity reconciliation act
of 1996 or RCW 74.20.330 or to which the department is owed a debt pursuant
to RCW 74.20A.030, the moneys shall be remitted to the department within eight
days of receipt by the custodian or other person. If not so remitted the
custodian or other person shall be indebted to the department as a support debt
in an amount equal to the amount of the support money received and not
remitted.
By not paying over the moneys to the department, a custodial parent
or other person is deemed, without the necessity of signing any document, to
have made an irrevocable assignment to the department of any support
delinquency owed which is not already assigned to the department or to any support
delinquency which may accrue in the future in an amount equal to the amount of
support money retained. The department may utilize the collection procedures
in chapter 74.20A RCW to collect the assigned delinquency to effect recoupment
and satisfaction of the debt incurred by reason of the failure of the custodial
parent or other person to remit. The department is also authorized to make a
set-off to effect satisfaction of the debt by deduction from support moneys in
its possession or in the possession of any clerk of the court or other
forwarding agent which are paid to the custodial parent or other person for the
satisfaction of any support delinquency. Nothing in this section authorizes
the department to make set-off as to current support paid during the month for
which the payment is due and owing.
Sec.
936. RCW
74.20.330 and 1989 c 360 s 13 are each amended to read as follows:
(1)
Whenever public assistance is paid under ((this title)) a state
program funded under Title IV-A of the federal social security act as amended
by the personal responsibility and work opportunity reconciliation act of 1996,
each applicant or recipient is deemed to have made assignment to the department
of any rights to a support obligation from any other person the applicant or
recipient may have in his or her own behalf or in behalf of any other family
member for whom the applicant or recipient is applying for or receiving public
assistance, including any unpaid support obligation or support debt which has
accrued at the time the assignment is made.
(2)
Payment of public assistance under ((this title)) a state program
funded under Title IV-A of the federal social security act as amended by the
personal responsibility and work opportunity reconciliation act of 1996
shall:
(a)
Operate as an assignment by operation of law; and
(b)
Constitute an authorization to the department to provide the assistance
recipient with support enforcement services.
Sec.
937. RCW
70.58.080 and 1989 c 55 s 2 are each amended to read as follows:
(1)
Within ten days after the birth of any child, the attending physician, midwife,
or his or her agent shall:
(a)
Fill out a certificate of birth, giving all of the particulars required,
including: (i) The mother's name and date of birth, and (ii) if the mother and
father are married at the time of birth or the father has signed an
acknowledgment of paternity, the father's name and date of birth; and
(b)
File the certificate of birth together with the mother's and father's social
security numbers with the ((local)) state registrar of ((the
district in which the birth occurred)) vital statistics.
(2)
The local registrar shall forward the birth certificate, any signed affidavit
acknowledging paternity, and the mother's and father's social security numbers
to the state office of vital statistics pursuant to RCW 70.58.030.
(3)
The state ((office)) registrar of vital statistics shall make
available to the ((office of support enforcement)) division of child
support the birth certificates, the mother's and father's social security
numbers and paternity affidavits.
(4)
Upon the birth of a child to an unmarried woman, the attending physician,
midwife, or his or her agent shall:
(a)
Provide an opportunity for the child's mother and natural father to complete an
affidavit acknowledging paternity. The completed affidavit shall be filed with
the ((local)) state registrar of vital statistics. The
affidavit shall contain or have attached:
(i)
A sworn statement by the mother consenting to the assertion of paternity and
stating that this is the only possible father;
(ii)
A statement by the father that he is the natural father of the child;
(iii)
A sworn statement signed by the mother and the putative father that each has
been given notice, both orally and in writing, of the alternatives to, the
legal consequences of, and the rights, including, if one parent is a minor, any
rights afforded due to minority status, and responsibilities that arise from,
signing the affidavit acknowledging paternity;
(iv)
Written information, furnished by the department of social and health services,
explaining the implications of signing, including parental rights and
responsibilities; and
(((iv)))
(v) The social security numbers of both parents.
(b)
Provide written information and oral information, furnished by the
department of social and health services, to the mother and the father
regarding the benefits of having ((her)) the child's paternity
established and of the availability of paternity establishment services,
including a request for support enforcement services. The oral and written
information shall also include information regarding the alternatives to, the
legal consequences of, and the rights, including, if one parent is a minor any
rights afforded due to minority status, and responsibilities that arise from,
signing the affidavit acknowledging paternity.
(5)
The physician or midwife or his or her agent is entitled to
reimbursement for reasonable costs, which the department shall establish by
rule, when an affidavit acknowledging paternity is filed with the state ((office))
registrar of vital statistics.
(6)
If there is no attending physician or midwife, the father or mother of the child,
householder or owner of the premises, manager or superintendent of the public
or private institution in which the birth occurred, shall notify the local
registrar, within ten days after the birth, of the fact of the birth, and the
local registrar shall secure the necessary information and signature to make a
proper certificate of birth.
(7)
When an infant is found for whom no certificate of birth is known to be on
file, a birth certificate shall be filed within the time and in the form
prescribed by the state board of health.
(8)
When no putative father is named on a birth certificate of a child born to an
unwed mother the mother may give any surname she so desires to her child but
shall designate in space provided for father's name on the birth certificate
"None Named".
Sec.
938. RCW
26.26.040 and 1994 c 230 s 14 are each amended to read as follows:
(1)
A man is presumed to be the natural father of a child for all intents and
purposes if:
(a)
He and the child's natural mother are or have been married to each other and
the child is born during the marriage, or within three hundred days after the
marriage is terminated by death, annulment, declaration of invalidity, divorce,
or dissolution, or after a decree of separation is entered by a court; or
(b)
Before the child's birth, he and the child's natural mother have attempted to
marry each other by a marriage solemnized in apparent compliance with law,
although the attempted marriage is or could be declared invalid, and the child
is born within three hundred days after the termination of cohabitation;
(c)
After the child's birth, he and the child's natural mother have married, or
attempted to marry, each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and
(i)
He has acknowledged his paternity of the child in writing filed with the state
registrar of vital statistics,
(ii)
With his consent, he is named as the child's father on the child's birth
certificate, or
(iii)
He is obligated to support the child under a written voluntary promise or by
court order;
(d)
While the child is under the age of majority, he receives the child into his
home and openly holds out the child as his child;
(e)
He acknowledges his paternity of the child pursuant to RCW 70.58.080 or in a
writing filed with the state ((office)) registrar of vital
statistics, which shall promptly inform the mother of the filing of the
acknowledgment, if she does not dispute the acknowledgment within a reasonable
time after being informed thereof, in a writing filed with the state
registrar of vital statistics. An acknowledgment of paternity under RCW
70.58.080 shall be a legal finding of paternity of the child sixty days after
the acknowledgment is filed with the center for health statistics unless the
acknowledgment is sooner rescinded or challenged. After the sixty-day period
has passed, the acknowledgment may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden of proof upon the
challenger. Legal responsibilities of the challenger, including child support
obligations, may not be suspended during the challenge, except for good cause
shown. Judicial and administrative proceedings are neither required nor
permitted to ratify an unchallenged acknowledgment of paternity filed after the
effective date of this section. In order to enforce rights of residential
time, custody, and visitation, a man presumed to be the father as a result of
filing a written acknowledgment must seek appropriate judicial orders under
this title;
(f)
The United States immigration and naturalization service made or accepted a
determination that he was the father of the child at the time of the child's
entry into the United States and he had the opportunity at the time of the
child's entry into the United States to admit or deny the paternal
relationship; or
(g)
Genetic testing indicates a ninety-eight percent or greater probability of
paternity.
(2)
A presumption under this section may be rebutted in an appropriate action only
by clear, cogent, and convincing evidence. If two or more presumptions arise
which conflict with each other, the presumption which on the facts is founded
on the weightier considerations of policy and logic controls. The presumption
is rebutted by a court decree establishing paternity of the child by another man.
NEW
SECTION. Sec. 939. A
new section is added to chapter 26.26 RCW to read as follows:
PROOF
OF CERTAIN SUPPORT AND PATERNITY ESTABLISHMENT COSTS. In all actions brought
under this chapter, bills for pregnancy, childbirth, and genetic testing shall:
(1)
Be admissible as evidence without requiring third-party foundation testimony;
and
(2)
Constitute prima facie evidence of amounts incurred for such services or for
testing on behalf of the child.
Sec.
940. RCW
74.20A.055 and 1996 c 21 s 1 are each amended to read as follows:
(1)
The secretary may, in the absence of a superior court order, or pursuant to
an establishment of paternity under chapter 26.26 RCW, serve on the
responsible parent or parents a notice and finding of financial responsibility
requiring a responsible parent or parents to appear and show cause in an
adjudicative proceeding why the finding of responsibility and/or the amount
thereof is incorrect, should not be finally ordered, but should be rescinded or
modified. This notice and finding shall relate to the support debt accrued
and/or accruing under this chapter and/or RCW 26.16.205, including periodic
payments to be made in the future. The hearing shall be held pursuant to this
section, chapter 34.05 RCW, the Administrative Procedure Act, and the rules of
the department.
(2)
The notice and finding of financial responsibility shall be served in the same
manner prescribed for the service of a summons in a civil action or may be
served on the responsible parent by certified mail, return receipt requested.
The receipt shall be prima facie evidence of service. The notice shall be
served upon the debtor within sixty days from the date the state assumes
responsibility for the support of the dependent child or children on whose
behalf support is sought. If the notice is not served within sixty days from
such date, the department shall lose the right to reimbursement of payments
made after the sixty-day period and before the date of notification: PROVIDED,
That if the department exercises reasonable efforts to locate the debtor and is
unable to do so the entire sixty-day period is tolled until such time as the
debtor can be located.
(3)
The notice and finding of financial responsibility shall set forth the amount
the department has determined the responsible parent owes, the support debt
accrued and/or accruing, and periodic payments to be made in the future. The
notice and finding shall also include:
(a)
A statement of the name of the recipient or custodian and the name of the child
or children for whom support is sought;
(b)
A statement of the amount of periodic future support payments as to which
financial responsibility is alleged;
(c)
A statement that the responsible parent may object to all or any part of the
notice and finding, and file an application for an adjudicative proceeding to
show cause why said responsible parent should not be determined to be liable
for any or all of the debt, past and future;
(d)
((A statement that the alleged responsible parent may challenge the
presumption of paternity;
(e))) A
statement that, if the responsible parent fails in timely fashion to file an
application for an adjudicative proceeding, the support debt and payments
stated in the notice and finding, including periodic support payments in the
future, shall be assessed and determined and ordered by the department and that
this debt and amounts due under the notice shall be subject to collection
action;
(((f)))
(e) A statement that the property of the debtor, without further advance
notice or hearing, will be subject to lien and foreclosure, distraint, seizure
and sale, order to withhold and deliver, notice of payroll deduction or other collection
action to satisfy the debt and enforce the support obligation established under
the notice.
(4)
A responsible parent who objects to the notice and finding of financial
responsibility may file an application for an adjudicative proceeding within twenty
days of the date of service of the notice or thereafter as provided under this
subsection. An adjudicative proceeding shall be held in the county of
residence or other place convenient to the responsible parent.
(a)
If the responsible parent files the application within twenty days, the
department shall schedule an adjudicative proceeding to hear the parent's
objection and determine the parents' support obligation for the entire period
covered by the notice and finding of financial responsibility. The filing of
the application stays collection action pending the entry of a final
administrative order;
(b)
If the responsible parent fails to file an application within twenty days, the
notice and finding shall become a final administrative order. The amounts for
current and future support and the support debt stated in the notice are final
and subject to collection, except as provided under (c) and (d) of this
subsection;
(c)
If the responsible parent files the application more than twenty days after,
but within one year of the date of service, the department shall schedule an
adjudicative proceeding to hear the parents' objection and determine the
parent's support obligation for the entire period covered by the notice and
finding of financial responsibility. The filing of the application does not
stay further collection action, pending the entry of a final administrative
order, and does not affect any prior collection action;
(d)
If the responsible parent files the application more than one year after the
date of service, the department shall schedule an adjudicative proceeding at
which the responsible parent must show good cause for failure to file a timely
application. The filing of the application does not stay future collection
action and does not affect prior collection action:
(i)
If the presiding officer finds that good cause exists, the presiding officer
shall proceed to hear the parent's objection to the notice and determine the
parent's support obligation;
(ii)
If the presiding officer finds that good cause does not exist, the presiding
officer shall treat the application as a petition for prospective modification
of the amount for current and future support established under the notice and
finding. In the modification proceeding, the presiding officer shall set
current and future support under chapter 26.19 RCW. The responsible parent
need show neither good cause nor a substantial change of circumstances to
justify modification of current and future support;
(e)
The department shall retain and/or shall not refund support money collected
more than twenty days after the date of service of the notice. Money withheld
as the result of collection action shall be delivered to the department. The
department shall distribute such money, as provided in published rules.
(5)(((a)))
If an application for an adjudicative proceeding is filed, the presiding or
reviewing officer shall determine the past liability and responsibility, if
any, of the alleged responsible parent and shall also determine the amount of
periodic payments to be made in the future, which amount is not limited by the
amount of any public assistance payment made to or for the benefit of the
child. If deviating from the child support schedule in making these
determinations, the presiding or reviewing officer shall apply the standards
contained in the child support schedule and enter written findings of fact
supporting the deviation.
(((b)
If a responsible parent provides credible evidence at an adjudicative
proceeding that would rebut the presumption of paternity set forth in RCW
26.26.040, the presiding officer shall direct the department to refer the issue
for scheduling of an appropriate hearing in superior court to determine whether
the presumption should be rebutted.))
(6)
If the responsible parent fails to attend or participate in the hearing or
other stage of an adjudicative proceeding, upon a showing of valid service, the
presiding officer shall enter an administrative order declaring the support
debt and payment provisions stated in the notice and finding of financial
responsibility to be assessed and determined and subject to collection action.
(7)
The final administrative order establishing liability and/or future periodic
support payments shall be superseded upon entry of a superior court order for
support to the extent the superior court order is inconsistent with the
administrative order.
(8)
Debts determined pursuant to this section, accrued and not paid, are subject to
collection action under this chapter without further necessity of action by a
presiding or reviewing officer.
Sec.
941. RCW
74.20A.056 and 1994 c 230 s 19 and 1994 c 146 s 5 are each reenacted and
amended to read as follows:
(1)
If an alleged father has signed an affidavit acknowledging paternity which has
been filed with the state ((office)) registrar of vital
statistics before July 1, 1997, the ((office of support enforcement))
division of child support may serve a notice and finding of parental
responsibility on him. Procedures for and responsibility resulting from
acknowledgments filed after July 1, 1997, are in subsections (8) and (9) of
this section. Service of the notice shall be in the same manner as a
summons in a civil action or by certified mail, return receipt requested. The
notice shall have attached to it a copy of the affidavit or certification of
birth record information advising of the existence of a filed affidavit,
provided by the ((center for health)) state registrar of vital
statistics, and shall state that:
(a)
The alleged father may file an application for an adjudicative proceeding at
which he will be required to appear and show cause why the amount stated in the
finding of financial responsibility as to support is incorrect and should not
be ordered;
(b)
An alleged father may request that a blood or genetic test be administered to
determine whether such test would exclude him from being a natural parent and,
if not excluded, may subsequently request that the ((office of support
enforcement)) division of child support initiate an action in
superior court to determine the existence of the parent-child relationship; and
(c)
If the alleged father does not request that a blood or genetic test be
administered or file an application for an adjudicative proceeding, the amount
of support stated in the notice and finding of parental responsibility shall
become final, subject only to a subsequent determination under RCW 26.26.060
that the parent-child relationship does not exist.
(2)
An alleged father who objects to the amount of support requested in the notice
may file an application for an adjudicative proceeding up to twenty days after
the date the notice was served. An application for an adjudicative proceeding
may be filed within one year of service of the notice and finding of parental
responsibility without the necessity for a showing of good cause or upon a
showing of good cause thereafter. An adjudicative proceeding under this
section shall be pursuant to RCW 74.20A.055. The only issues shall be the
amount of the accrued debt, the amount of the current and future support
obligation, and the reimbursement of the costs of blood or genetic tests if
advanced by the department.
(3)
If the application for an adjudicative proceeding is filed within twenty days
of service of the notice, collection action shall be stayed pending a final
decision by the department. If no application is filed within twenty days:
(a)
The amounts in the notice shall become final and the debt created therein shall
be subject to collection action; and
(b)
Any amounts so collected shall neither be refunded nor returned if the alleged
father is later found not to be a responsible parent.
(4)
An alleged father who denies being a responsible parent may request that a
blood or genetic test be administered at any time. The request for testing
shall be in writing and served on the ((office of support enforcement)) division
of child support personally or by registered or certified mail. If a
request for testing is made, the department shall arrange for the test and,
pursuant to rules adopted by the department, may advance the cost of such
testing. The department shall mail a copy of the test results by certified
mail, return receipt requested, to the alleged father's last known address.
(5)
If the test excludes the alleged father from being a natural parent, the ((office
of support enforcement)) division of child support shall file a copy
of the results with the state ((office)) registrar of vital
statistics and shall dismiss any pending administrative collection proceedings
based upon the affidavit in issue. The state ((office)) registrar
of vital statistics shall remove the alleged father's name from the birth
certificate and change the child's surname to be the same as the mother's
maiden name as stated on the birth certificate, or any other name which the
mother may select.
(6)
The alleged father may, within twenty days after the date of receipt of the
test results, request the ((office of support enforcement)) division
of child support to initiate an action under RCW 26.26.060 to determine the
existence of the parent-child relationship. If the ((office of support
enforcement)) division of child support initiates a superior court
action at the request of the alleged father and the decision of the court is
that the alleged father is a natural parent, the alleged father shall be liable
for court costs incurred.
(7)
If the alleged father does not request the ((office of support enforcement))
division of child support to initiate a superior court action, or if the
alleged father fails to appear and cooperate with blood or genetic testing, the
notice of parental responsibility shall become final for all intents and
purposes and may be overturned only by a subsequent superior court order
entered under RCW 26.26.060.
(8)(a)
If an alleged father has signed an affidavit acknowledging paternity that has
been filed with the state registrar of vital statistics after July 1, 1997,
within sixty days from the date of filing of the acknowledgment:
(i)
The division of child support may serve a notice and finding of parental
responsibility on him as set forth under this section; and
(ii)
The alleged father or any other signatory may rescind his acknowledgment of
paternity. The rescission shall be notarized and delivered to the state
registrar of vital statistics personally or by registered or certified mail.
The state registrar shall remove the father's name from the birth certificate
and change the child's surname to be the same as the mother's maiden name as
stated on the birth certificate or any other name that the mother may select.
The state registrar shall file rescission notices in a sealed file. All future
paternity actions on behalf of the child in question shall be performed under
court order.
(b)
If the alleged father does not file an application for an adjudicative
proceeding or rescind his acknowledgment of paternity, the amount of support
stated in the notice and finding of parental responsibility becomes final,
subject only to a subsequent determination under RCW 26.26.060 that the
parent-child relationship does not exist.
(c)
An alleged father who objects to the amount of support requested in the notice
may file an application for an adjudicative proceeding up to twenty days after
the date the notice was served. An application for an adjudicative proceeding
may be filed within one year of service of the notice and finding of parental
responsibility without the necessity for a showing of good cause or upon a
showing of good cause thereafter. An adjudicative proceeding under this
section shall be pursuant to RCW 74.20A.055. The only issues shall be the
amount of the accrued debt and the amount of the current and future support
obligation.
(i)
If the application for an adjudicative proceeding is filed within twenty days
of service of the notice, collection action shall be stayed pending a final
decision by the department.
(ii)
If the application for an adjudicative proceeding is not filed within twenty
days of the service of the notice, any amounts collected under the notice shall
be neither refunded nor returned if the alleged father is later found not to be
a responsible parent.
(d)
If an alleged father makes a request for genetic testing, the department shall
proceed as set forth under section 901 of this act.
(e)
If the alleged father does not request an adjudicative proceeding, or if the
alleged father fails to rescind his filed acknowledgment of paternity, the
notice of parental responsibility becomes final for all intents and purposes
and may be overturned only by a subsequent superior court order entered under
RCW 26.26.060.
(9)
Affidavits acknowledging paternity that are filed after July 1, 1997, are
subject to requirements of chapters 26.26 and 70.58 RCW.
(10)
The department and the department of health may adopt rules to implement the
requirements under this section.
NEW
SECTION. Sec. 942. A
new section is added to chapter 26.18 RCW to read as follows:
CHILD
SUPPORT LIENS--CREATION--ATTACHMENT. Child support debts, not paid when due,
become liens by operation of law against all property of the debtor with
priority of a secured creditor. This lien shall be separate and apart from,
and in addition to, any other lien created by, or provided for, in this title.
The lien attaches to all real and personal property of the debtor on the date
of filing with the county auditor of the county in which the property is
located.
Sec.
943. RCW
26.23.040 and 1994 c 127 s 1 are each amended to read as follows:
(1)
Except as provided in subsection (3) of this section, all employers doing
business in the state of Washington, and to whom the department of employment
security has assigned the standard industrial classification sic codes listed
in subsection (2) of this section, shall report to the Washington state support
registry:
(a)
The hiring of any person who resides or works in this state to whom the
employer anticipates paying earnings; and
(b)
The rehiring or return to work of any employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from employment.
(2)
Employers in the standard industrial classifications that shall report to the
Washington state support registry include:
(a)
Construction industry sic codes: 15, general building; 16, heavy construction;
and 17, special trades;
(b)
Manufacturing industry sic code 37, transportation equipment;
(c)
Business services sic codes: 73, except sic code 7363 (temporary help supply
services); and health services sic code 80.
(3)
Employers are not required to report the hiring of any person who:
(a)
Will be employed for less than one months duration;
(b)
Will be employed sporadically so that the employee will be paid for less than
three hundred fifty hours during a continuous six-month period; or
(c)
Will have gross earnings less than three hundred dollars in every month.
The
secretary of the department of social and health services may adopt rules to
establish additional exemptions if needed to reduce unnecessary or burdensome
reporting.
(4)
Employers may report by mailing the employee's copy of the W-4 form, or other
means authorized by the registry which will result in timely reporting.
(5)
Employers shall submit reports within thirty-five days of the hiring, rehiring,
or return to work of the employee. The report shall contain:
(a)
The employee's name, address, social security number, and date of birth; and
(b)
The employer's name, address, and employment security reference number or
unified business identifier number.
(6)
An employer who fails to report as required under this section shall be given a
written warning for the first violation and shall be subject to a civil penalty
of up to two hundred dollars per month for each subsequent violation after the
warning has been given. All violations within a single month shall be
considered a single violation for purposes of assessing the penalty. The
penalty may be imposed and collected by the ((office of support enforcement))
division of child support under ((RCW 74.20A.270)) section 893
of this act.
(7)
((The registry shall retain the information for a particular employee only
if the registry is responsible for establishing, enforcing, or collecting a
support obligation or debt of the employee. If the employee does not owe such
an obligation or a debt, the registry shall not create a record regarding the
employee and the information contained in the notice shall be promptly
destroyed. Prior to the destruction of the notice, the department of social
and health services shall make the information contained in the notice
available to other state agencies, based upon the written request of an
agency's director or chief executive, specifically for comparison with records
or information possessed by the requesting agency to detect improper or
fraudulent claims. If, after comparison, no such situation is found or
reasonably suspected to exist, the information shall be promptly destroyed by
the requesting agency. Requesting agencies that obtain information from the
department of social and health services under this section shall maintain the
confidentiality of the information received, except as necessary to implement
the agencies' responsibilities.)) The registry shall retain the
information for a particular employee only if the registry is responsible for
establishing, enforcing, or collecting a support debt of the employee. The
registry may, however, retain information for a particular employee for as long
as may be necessary to:
(a)
Transmit the information to the national directory of new hires as required
under federal law; or
(b)
Provide the information to other state agencies for comparison with records or
information possessed by those agencies as required by law.
Information
that is not permitted to be retained shall be promptly destroyed. Agencies
that obtain information from the department of social and health services under
this section shall maintain the confidentiality of the information received,
except as necessary to implement the agencies' responsibilities.
Sec.
944. RCW
26.23.040 and 1997 c ... s 943 (section 943 of this act) are each amended to
read as follows:
(1)
((Except as provided in subsection (3) of this section,)) All
employers doing business in the state of Washington, and to whom the department
of employment security has assigned ((the)) a standard industrial
classification sic code((s listed in subsection (2) of this section,))
shall report to the Washington state support registry:
(a)
The hiring of any person who resides or works in this state to whom the
employer anticipates paying earnings; and
(b)
The rehiring or return to work of any employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from employment.
(((2)
Employers in the standard industrial classifications that shall report to the
Washington state support registry include:
(a)
Construction industry sic codes: 15, general building; 16, heavy construction;
and 17, special trades;
(b)
Manufacturing industry sic code 37, transportation equipment;
(c)
Business services sic codes: 73, except sic code 7363 (temporary help supply
services); and health services sic code 80.
(3)
Employers are not required to report the hiring of any person who:
(a)
Will be employed for less than one months duration;
(b)
Will be employed sporadically so that the employee will be paid for less than
three hundred fifty hours during a continuous six-month period; or
(c)
Will have gross earnings less than three hundred dollars in every month.))
The
secretary of the department of social and health services may adopt rules to
establish additional exemptions if needed to reduce unnecessary or burdensome
reporting.
(((4)))
(2) Employers may report by mailing the employee's copy of the W-4 form,
or other means authorized by the registry which will result in timely
reporting.
(((5)))
(3) Employers shall submit reports within ((thirty-five)) twenty
days of the hiring, rehiring, or return to work of the employee, except as
provided in subsection (4) of this section. The report shall contain:
(a)
The employee's name, address, social security number, and date of birth; and
(b)
The employer's name, address, ((and)) employment security reference
number ((or)), unified business identifier number and
identifying number assigned under section 6109 of the internal revenue code of
1986.
(((6)))
(4) In the case of an employer transmitting reports magnetically or
electronically, the employer shall report newly hired employees by two monthly
transmissions, if necessary, not less than twelve days nor more than sixteen
days apart.
(5)
An employer who fails to report as required under this section shall be given a
written warning for the first violation and shall be subject to a civil penalty
of up to two hundred dollars per month for each subsequent violation after the
warning has been given. All violations within a single month shall be
considered a single violation for purposes of assessing the penalty. The
penalty may be imposed and collected by the division of child support under RCW
74.20A.--- (section 893 of this act).
(((7)))
(6) The registry shall retain the information for a particular employee
only if the registry is responsible for establishing, enforcing, or collecting
a support debt of the employee. The registry may, however, retain information
for a particular employee for as long as may be necessary to:
(a)
Transmit the information to the national directory of new hires as required
under federal law; or
(b)
Provide the information to other state agencies for comparison with records or
information possessed by those agencies as required by law.
Information
that is not permitted to be retained shall be promptly destroyed. Agencies
that obtain information from the department of social and health services under
this section shall maintain the confidentiality of the information received,
except as necessary to implement the agencies' responsibilities.
Sec.
945. RCW
26.09.020 and 1989 1st ex.s. c 9 s 204 and 1989 c 375 s 3 are each reenacted
and amended to read as follows:
(1)
A petition in a proceeding for dissolution of marriage, legal separation, or
for a declaration concerning the validity of a marriage, shall allege the
following:
(a)
The last known residence of each party;
(b)
The social security number of each party;
(c)
The date and place of the marriage;
(((c)))
(d) If the parties are separated the date on which the separation
occurred;
(((d)))
(e) The names, ages, and addresses of any child dependent upon either or
both spouses and whether the wife is pregnant;
(((e)))
(f) Any arrangements as to the residential schedule of, decision making
for, dispute resolution for, and support of the children and the maintenance of
a spouse;
(((f)))
(g) A statement specifying whether there is community or separate
property owned by the parties to be disposed of;
(((g)))
(h) The relief sought.
(2)
Either or both parties to the marriage may initiate the proceeding.
(3)
The petitioner shall complete and file with the petition a certificate under
RCW 70.58.200 on the form provided by the department of health.
Sec.
946. RCW
26.26.100 and 1994 c 230 s 15 and 1994 c 146 s 1 are each reenacted and amended
to read as follows:
(1)
The court may, and upon request of a party shall, require the child, mother,
and any alleged or presumed father who has been made a party to submit
to blood tests or genetic tests of blood, tissues, or other bodily fluids. If
((an alleged father)) a party objects to a proposed order
requiring ((him to submit to paternity)) blood or genetic tests, the
court ((may)) shall require the party making the allegation of
possible paternity to provide sworn testimony, by affidavit or otherwise,
stating the facts upon which the allegation is based. The court shall order
blood or genetic tests if it appears that a reasonable possibility exists that
the requisite sexual contact occurred or where nonpaternity is alleged, that
the requisite sexual contact did not occur. The tests shall be performed
by an expert in paternity blood or genetic testing appointed by the court. The
expert's verified report identifying the blood or genetic characteristics
observed is admissible in evidence in any hearing or trial in the parentage
action, if (a) the alleged or presumed father has had the opportunity to gain information
about the security, validity, and interpretation of the tests and the
qualifications of any experts, and (b) the report is accompanied by an
affidavit from the expert which describes the expert's qualifications as an
expert and analyzes and interprets the results. Verified documentation of the
chain of custody of the blood or genetic samples tested is admissible to
establish the chain of custody. The court may consider published sources as
aids to interpretation of the test results.
(2)(a)
Any objection to genetic testing results must be made in writing and served
upon the opposing party, within twenty days before any hearing at which such
results may be introduced into evidence.
(b)
If an objection is not made as provided in this subsection, the test results
are admissible as evidence of paternity without the need for foundation
testimony or other proof of authenticity or accuracy.
(3)
The court, upon request by a party, shall order that additional blood or
genetic tests be performed by the same or other experts qualified in paternity
blood or genetic testing, if the party requesting additional tests advances the
full costs of the additional testing within a reasonable time. The court may
order additional testing without requiring that the requesting party advance
the costs only if another party agrees to advance the costs or if the court
finds, after hearing, that (a) the requesting party is indigent, and (b) the
laboratory performing the initial tests recommends additional testing or there is
substantial evidence to support a finding as to paternity contrary to the
initial blood or genetic test results. The court may later order any other
party to reimburse the party who advanced the costs of additional testing for
all or a portion of the costs.
(4)
In all cases, the court shall determine the number and qualifications of the
experts.
Sec.
947. RCW
26.26.130 and 1995 c 246 s 31 are each amended to read as follows:
(1)
The judgment and order of the court determining the existence or nonexistence
of the parent and child relationship shall be determinative for all purposes.
(2)
If the judgment and order of the court is at variance with the child's birth
certificate, the court shall order that an amended birth certificate be issued.
(3)
The judgment and order shall contain other appropriate provisions directed to
the appropriate parties to the proceeding, concerning the duty of current and
future support, the extent of any liability for past support furnished to the
child if that issue is before the court, the furnishing of bond or other
security for the payment of the judgment, or any other matter in the best
interest of the child. The judgment and order may direct the father to pay the
reasonable expenses of the mother's pregnancy and confinement. The judgment
and order may include a continuing restraining order or injunction. In issuing
the order, the court shall consider the provisions of RCW 9.41.800.
(4)
The judgment and order shall contain the social security numbers of all
parties to the order.
(5)
Support judgment and orders shall be for periodic payments which may vary in
amount. The court may limit the father's liability for the past support to the
child to the proportion of the expenses already incurred as the court deems
just. The court shall not limit or affect in any manner the right of
nonparties including the state of Washington to seek reimbursement for support
and other services previously furnished to the child.
(((5)))
(6) After considering all relevant factors, the court shall order either
or both parents to pay an amount determined pursuant to the schedule and
standards contained in chapter 26.19 RCW.
(((6)))
(7) On the same basis as provided in chapter 26.09 RCW, the court shall
make residential provisions with regard to minor children of the parties,
except that a parenting plan shall not be required unless requested by a party.
(((7)))
(8) In any dispute between the natural parents of a child and a person
or persons who have (a) commenced adoption proceedings or who have been granted
an order of adoption, and (b) pursuant to a court order, or placement by the
department of social and health services or by a licensed agency, have had
actual custody of the child for a period of one year or more before court
action is commenced by the natural parent or parents, the court shall consider
the best welfare and interests of the child, including the child's need for
situation stability, in determining the matter of custody, and the parent or
person who is more fit shall have the superior right to custody.
(((8)))
(9) In entering an order under this chapter, the court may issue any
necessary continuing restraining orders, including the restraint provisions of
domestic violence protection orders under chapter 26.50 RCW or antiharassment
protection orders under chapter 10.14 RCW.
(((9)))
(10) Restraining orders issued under this section restraining the person
from molesting or disturbing another party or from going onto the grounds of or
entering the home, workplace, or school of the other party or the day care or
school of any child shall prominently bear on the front page of the order the
legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.26 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((10))) (11) The court shall order that any
restraining order bearing a criminal offense legend, any domestic violence
protection order, or any antiharassment protection order granted under this
section be forwarded by the clerk of the court on or before the next judicial
day to the appropriate law enforcement agency specified in the order. Upon
receipt of the order, the law enforcement agency shall forthwith enter the
order into any computer-based criminal intelligence information system
available in this state used by law enforcement agencies to list outstanding
warrants. The order is fully enforceable in any county in the state.
Sec.
948. RCW
70.58.055 and 1991 c 96 s 1 are each amended to read as follows:
(1)
To promote and maintain nation-wide uniformity in the system of vital
statistics, the certificates required by this chapter or by the rules adopted
under this chapter shall include, as a minimum, the items recommended by the
federal agency responsible for national vital statistics including social security
numbers.
(2)
The state board of health by rule may require additional pertinent information
relative to the birth and manner of delivery as it may deem necessary for
statistical study. This information shall be placed in a confidential section
of the birth certificate form and shall not be subject to the view of the
public or for certification purposes except upon order of the court. The state
board of health may eliminate from the forms items that it determines are not
necessary for statistical study.
(3)
Each certificate or other document required by this chapter shall be on a form
or in a format prescribed by the state registrar.
(4)
All vital records shall contain the data required for registration. No
certificate may be held to be complete and correct that does not supply all
items of information called for or that does not satisfactorily account for the
omission of required items.
(5)
Information required in certificates or documents authorized by this chapter
may be filed and registered by photographic, electronic, or other means as
prescribed by the state registrar.
X.
MISCELLANEOUS
NEW
SECTION. Sec. 1001. The
legislature finds that, according to the department of health's monitoring
system, sixty percent of births to women on medicaid were identified as
unintended by the women themselves. The director of the office of financial
management shall establish an interagency task force on unintended pregnancy in
order to:
(1)
Review existing research on the short and long-range costs;
(2)
Analyze the impact on the temporary assistance for needy families program; and
(3)
Develop and implement a state strategy to reduce unintended pregnancy.
NEW
SECTION. Sec. 1002. The
following acts or parts of acts are each repealed:
(1) RCW
74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex.s. c 6
s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s
1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120; and
(2) RCW
74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3.
NEW
SECTION. Sec. 1003. A
new section is added to chapter 74.04 RCW to read as follows:
For
the purpose of evaluating the effect of the defense of equitable estoppel on
the recovery of overpayments and the administration of justice in public
assistance cases, the department shall report the following to the appropriate
committees of the legislature by December 1, 1997:
(1)
The number of applicants and recipients of public assistance who have raised
the defense of equitable estoppel in an administrative proceeding related to
the collection of overpayments or the determination of eligibility;
(2)
The number of recipients or applicants of public assistance who prevailed in an
administrative proceeding related to the collection of overpayments or the
determination of eligibility due to the defense of equitable estoppel;
(3)
The amount, average amount, and percent of payments and overpayments not
collected due to the successful assertion of the defense of equitable estoppel
at an administrative proceeding related to the collection of overpayments or
the determination of eligibility;
(4)
Any other information regarding the assertion of the defense of equitable
estoppel in administrative proceedings that the department feels will assist in
evaluation of the defense.
Sec.
1004. RCW
50.13.060 and 1996 c 79 s 1 are each amended to read as follows:
(1)
Governmental agencies, including law enforcement agencies, prosecuting
agencies, and the executive branch, whether state, local, or federal shall have
access to information or records deemed private and confidential under this
chapter if the information or records are needed by the agency for official
purposes and:
(a)
The agency submits an application in writing to the employment security
department for the records or information containing a statement of the
official purposes for which the information or records are needed and specific
identification of the records or information sought from the department; and
(b)
The director, commissioner, chief executive, or other official of the agency
has verified the need for the specific information in writing either on the
application or on a separate document; and
(c)
The agency requesting access has served a copy of the application for records
or information on the individual or employing unit whose records or information
are sought and has provided the department with proof of service. Service
shall be made in a manner which conforms to the civil rules for superior
court. The requesting agency shall include with the copy of the application a
statement to the effect that the individual or employing unit may contact the
public records officer of the employment security department to state any
objections to the release of the records or information. The employment
security department shall not act upon the application of the requesting agency
until at least five days after service on the concerned individual or employing
unit. The employment security department shall consider any objections raised
by the concerned individual or employing unit in deciding whether the
requesting agency needs the information or records for official purposes.
(2)
The requirements of subsections (1) and (((8))) (9) of this
section shall not apply to the state legislative branch. The state legislature
shall have access to information or records deemed private and confidential
under this chapter, if the legislature or a legislative committee finds that
the information or records are necessary and for official purposes. If the
employment security department does not make information or records available
as provided in this subsection, the legislature may exercise its authority
granted by chapter 44.16 RCW.
(3)
In cases of emergency the governmental agency requesting access shall not be
required to formally comply with the provisions of subsection (1) of this
section at the time of the request if the procedures required by subsection (1)
of this section are complied with by the requesting agency following the
receipt of any records or information deemed private and confidential under
this chapter. An emergency is defined as a situation in which irreparable harm
or damage could occur if records or information are not released immediately.
(4)
The requirements of subsection (1)(c) of this section shall not apply to
governmental agencies where the procedures would frustrate the investigation of
possible violations of criminal laws.
(5)
Governmental agencies shall have access to certain records or information,
limited to such items as names, addresses, social security numbers, and general
information about benefit entitlement or employer information possessed by the
department, for comparison purposes with records or information possessed by
the requesting agency to detect improper or fraudulent claims, or to determine
potential tax liability or employer compliance with registration and licensing
requirements. In those cases the governmental agency shall not be required to
comply with subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) must be satisfied.
(6)
Governmental agencies may have access to certain records and information,
limited to employer information possessed by the department for purposes
authorized in chapter 50.38 RCW. Access to these records and information is
limited to only those individuals conducting authorized statistical analysis,
research, and evaluation studies. Only in cases consistent with the purposes
of chapter 50.38 RCW are government agencies not required to comply with
subsection (1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information provided by the
department and held to be private and confidential under state or federal laws
shall not be misused or released to unauthorized parties subject to the
sanctions in RCW 50.13.080.
(7)
Disclosure to governmental agencies of information or records obtained by the
employment security department from the federal government shall be governed by
any applicable federal law or any agreement between the federal government and
the employment security department where so required by federal law. When
federal law does not apply to the records or information state law shall
control.
(8)
For purposes of statistical analysis and evaluation of the WorkFirst program
or any successor state welfare program, the department of social and health
services, the office of financial management, and other governmental entities
with oversight or evaluation responsibilities for the program shall have access
to employer wage information on clients in the program whose names and social
security numbers are provided to the department. The information provided by
the department may be used only for statistical analysis, research, and
evaluation purposes as provided in sections 702 and 703 of this act. The
department of social and health services is not required to comply with
subsection (1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied.
(9)
The disclosure of any records or information by a governmental agency which has
obtained the records or information under this section is prohibited unless the
disclosure is directly connected to the official purpose for which the records
or information were obtained.
(((9)))
(10) In conducting periodic salary or fringe benefit studies pursuant to
law, the department of personnel shall have access to records of the employment
security department as may be required for such studies. For such purposes,
the requirements of subsection (1)(c) of this section need not apply.
NEW
SECTION. Sec. 1005. A
new section is added to chapter 43.20A RCW to read as follows:
(1)
The department shall provide the employment security department quarterly with
the names and social security numbers of all clients in the WorkFirst program
and any successor state welfare program.
(2)
The information provided by the employment security department under RCW
50.13.060 for statistical analysis and welfare program evaluation purposes may
be used only for statistical analysis, research, and evaluation purposes as
provided in sections 702 and 703 of this act. Through individual matches with
accessed employment security department confidential employer wage files, only
aggregate, statistical, group level data shall be reported. Data sharing by
the employment security department may be extended to include the office of
financial management and other such governmental entities with oversight
responsibility for this program.
(3)
The department and other agencies of state government shall protect the privacy
of confidential personal data supplied under RCW 50.13.060 consistent with
federal law, chapter 50.13 RCW, and the terms and conditions of a formal
data-sharing agreement between the employment security department and agencies
of state government, however the misuse or unauthorized use of confidential
data supplied by the employment security department is subject to the penalties
in RCW 50.13.080.
Sec.
1006. RCW
74.04.062 and 1973 c 152 s 2 are each amended to read as follows:
Upon
written request of a person who has been properly identified as an officer of
the law ((with a felony arrest warrant)) or a properly identified United
States immigration official ((with a warrant for an illegal alien)) the
department shall disclose to such officer the current address and location of
((the person properly described in the warrant)) a recipient of
public welfare if the officer furnishes the department with such person's name
and social security account number and satisfactorily demonstrates that such
recipient is a fugitive, that the location or apprehension of such fugitive is
within the officer's official duties, and that the request is made in the
proper exercise of those duties.
When
the department becomes aware that a public assistance recipient is the subject
of an outstanding warrant, the department may contact the appropriate law
enforcement agency and, if the warrant is valid, provide the law enforcement
agency with the location of the recipient.
NEW
SECTION. Sec. 1007.
QUESTIONNAIRES. The department of social and health services shall create a
questionnaire, asking businesses for information regarding available and
upcoming job opportunities for welfare recipients. The department of revenue
shall include the questionnaire in a regular quarterly mailing. The department
of social and health services shall receive responses and use the information
to develop work activities in the areas where jobs will be available.
NEW
SECTION. Sec. 1008. PART
HEADINGS, CAPTIONS, AND TABLE OF CONTENTS NOT LAW. Part headings, captions,
and the table of contents used in this act are not any part of the law.
NEW
SECTION. Sec. 1009. The
governor and the department of social and health services shall seek all
necessary exemptions and waivers from and amendments to federal statutes,
rules, and regulations and shall report to the appropriate committees in the
house of representatives and senate quarterly on the efforts to secure the
federal changes to permit full implementation of this act at the earliest
possible date.
NEW
SECTION. Sec. 1010.
Sections 1, 2, 103, 104, 106, 202 through 205, 301, 302, 307, 308, 310 through
318, 321, 324 through 326, 402, 503, 504, 701 through 704, and 706 of this act
constitute a new chapter in Title 74 RCW.
NEW
SECTION. Sec. 1011. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected, and this finding
does not affect the operation of the remainder of this act in its application
to the agencies concerned. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state. As used in this section, "allocation of federal funds to the
state" means the allocation of federal funds that are appropriated by the
legislature to the department of social and health services and on which the
department depends for carrying out any provision of the operating budget
applicable to it.
NEW
SECTION. Sec. 1012. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
*NEW
SECTION. Sec. 1013. (1)
Sections 1, 2, 101 through 110, 201 through 207, 301 through 329, 401 through
404, 501 through 506, 601, 705, 706, 888, 891 through 943, 945 through 948, and
1002 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately.
(2)
Sections 801 through 887, 889, and 890 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and take effect July
1, 1997.
(3)
Sections 701 through 704 of this act take effect January 1, 1998.
(4)
Section 944 of this act takes effect October 1, 1998.
*Sec. 1013 was partially vetoed. See message at end of
chapter.
NEW
SECTION. Sec. 1014. If
specific funding for the purposes of sections 404 and 405 of this act,
referencing this act by bill or chapter number and section numbers, is not
provided by June 30, 1997, in the omnibus appropriations act, sections 404 and
405 of this act are null and void.
