WSR 12-13-004



(Economic Services Administration)

[ Filed June 6, 2012, 1:27 p.m. , effective June 7, 2012 ]

Effective Date of Rule: June 7, 2012.

Purpose: The division of child support (DCS) is adopting this emergency rule to implement HB 2393 (chapter 109, Laws of 2012), which amended RCW 26.23.040 to comply with changes in federal law regarding new hire reporting requirements. HB 2393 takes effect on June 7, 2012. DCS is amending WAC 388-14A-8200 by this filing.

DCS will be unable to complete the regular adoption process by the effective date of HB 2393. DCS is adopting this emergency rule, but at the same time is commencing the regular rule-making process by filing a CR-101 Preproposal statement of inquiry, and will adopt the final rule as soon as possible.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-8200.

Statutory Authority for Adoption: HB 2393 (chapter 109, Laws of 2012); RCW 26.23.040(1), 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20A.310.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The statute regarding employer reporting is a state plan requirement for the child support program under Title IV-D of the federal Social Security Act (42 U.S.C. 653A(b)). HB 2393 was adopted to implement changes to federal law contained in two acts: (1) The Claims Resolution Act of 2010 (PL 111-291), which among other things makes changes to employer reporting requirements. Under this new provision, employers are now required to report, among other elements, the date that an employee first performs services for pay; and (2) the Trade Adjustment Assistance Extension Act of 2011 (PL 112-40), which in Section 253 amends 42 U.S.C. 653a (a)(2) to provide a definition of the term "newly-hired employee," a term which was not previously defined. A state's employer reporting statute must contain the new definition.

Failure to enact these requirements into state law could have resulted in a state plan violation for Washington state, which would jeopardize all federal funding for Washington's child support enforcement and temporary assistance for needy families programs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 18, 2012.

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-8200   All Washington employers must report new hires to the Washington state support registry.   (1) RCW 26.23.040 requires all employers doing business in the state of Washington to comply with the employer reporting requirements regarding new hires.

(2) For the purposes of this section, a "new hire" is defined as any person who resides or works in the state of Washington to whom the employer anticipates paying earnings and who:

(a) Has not previously been employed by the employer; or

(b) Was previously employed by the employer but has been separated from such employment for at least sixty consecutive days.

(3) The minimum information that an employer must report is the employee's name, date of birth, Social Security number ((and)), and date of hire.

(a) For purposes of this section, the "date of hire" is defined as the date on which the employee first performed services for pay for the employer.

(b) The "date of hire" of an employee described in subsection (2)(b) of this section, is the date on which the employee returned to perform services for pay after a layoff, furlough, separation, or leave without pay.

(((3))) (4) Employers must report the required information to the Washington State Support Registry (WSSR). An employer may report using the employee's W-4 form or any equivalent form, and may submit the information by:

(a) First class mail;

(b) Fax;

(c) Electronic transmission; or

(d) Any other means authorized by the WSSR which will result in timely reporting.

(5) An employer who submits a copy of the employee's completed W-4 form complies with the ((filing)) reporting requirements of RCW 26.23.040(3).

(((4))) (6) If an employer reports by submitting a W-4 form, the employer may choose to ((voluntarily)) report the ((other)) additional statutory elements by writing or typing the employee's date of birth and date of hire on the form.

[Statutory Authority: RCW 74.08.090, 26.23.040. 01-03-089, 388-14A-8200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-490.]

Washington State Code Reviser's Office