Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-090.

Title of Rule: WAC 388-14-490 All Washington employers must report new hires to the Washington state support registry.

Purpose: Removes prior exemptions from requirements to report new hires under RCW 26.23.040. Allows employer to comply with reporting requirements by filing a completed copy of the employee's W-4 form.

Statutory Authority for Adoption: RCW 26.23.040.

Statute Being Implemented: RCW 26.23.040.

Summary: Implements the new hire reporting requirements of RCW 26.23.040; allows Washington employers to comply by supplying a copy of the employee's W-4.

Reasons Supporting Proposal: Employer efficiency and ease of reporting.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Rules Coordinator, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

Name of Proponent: Department of Social and Health Services, Division of Child Support, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Removes prior exceptions to RCW 26.23.040, requirements for employers to report new hires to the Washington state support registry. Provides that an employer complies with RCW 26.23.040 by filing a complete copy of the employee's W-4 form.

Proposal Changes the Following Existing Rules: Amends WAC 388-14-490.

No small business economic impact statement has been prepared under RCW 19.85. RCW 34.05.328 (5)(b)(iii) provides that there is no need for a small business economic impact statement when the rule adopts by reference without material change a Washington state statute. In addition, the cost of administering this rule for business will not be more than a minor cost.

RCW 34.05.328 does not apply to this rule adoption. Exempt per RCW 34.05.328 (5)(b)(iii); this is not a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 21, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by September 10, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 21, 1999.

Date of Intended Adoption: September 22, 1999.

August 13, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(1) ((In addition to the exemptions established under)) RCW 26.23.040((, the employers assigned the following standard industrial classification (SIC) codes are exempt from the requirements of the employer reporting program as authorized under RCW 26.23:

(a) SIC code 7363, temporary services;

(b) SIC code 8011, offices and clinics of medical doctors;

(c) SIC code 8021, offices and clinics of dentists;

(d) SIC code 8031, offices of osteopath physicians;

(e) SIC code 8041, offices and clinics of chiropractors;

(f) SIC code 8042, offices and clinics of optometrists;

(g) SIC code 8043, offices and clinics of podiatrists;

(h) SIC code 8049, offices of health practitioners;

(i) SIC code 8071, medical laboratories;

(j) SIC code 8072, dental laboratories; and

(k) SIC code 8092, kidney dialysis centers)) requires all employers doing business in the state of Washington to comply with the employer reporting requirements regarding new hires.

(2) The minimum information that must be reported is the employee's name, date of birth, social security number and date of hire.

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

(4) An employer may choose to voluntarily report the other statutory elements.

[Statutory Authority: RCW 26.23.040.  92-13-026 (Order 3403), § 388-14-490, filed 6/9/92, effective 7/10/92.]