Original Notice.

Preproposal statement of inquiry was filed as WSR 99-11-089.

Title of Rule: Employer records--Farm operator.

Purpose: To repeal WAC 192-12-050 and make it conform to Governor Locke's Executive Order 97-02. This WAC is being renumbered WAC 192-310-050. We have removed from WAC 192-12-050 subsection (1)(j) relating to farm operators and created a separate rule.

Other Identifying Information: We have removed the section on farm operators and created a separate rule numbered WAC 192-310-055.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Statute Being Implemented: RCW 50.12.070.

Summary: RCW 50.12 allows the commissioner to adopt or amend rules in accordance with Title 34 RCW. RCW 50.12.070 Employing unit records and reports--Unified business identifier account number records, specifies that "each employing unit shall keep true and accurate work records, containing such information as the commissioner may prescribe." This rule clearly defines the intent of the agency as to what those records should be.

Reasons Supporting Proposal: The proposed regulations will clarify records requirements for unemployment insurance tax purposes for employers and/or their representatives as related for farm operators.

Name of Agency Personnel Responsible for Drafting: George Mante, 212 Maple Park, Olympia, WA 98507, (360) 902-9642, Implementation and Enforcement: Dale Ziegler, 212 Maple Park, Olympia, WA 98507, (360) 902-9303.

Name of Proponent: Employment Security Department, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is intended to clearly set forth the requirements for the business and financial records that are to be retained by employers for purposes of unemployment insurance taxes and detailing the information to be maintained in those records for farm operators. As we have pointed out earlier this rule is being amended in conformity with Governor Locke's Executive Order 97-02. The rule is being renumbered. There are no significant effects upon employers. We are requiring two additional pieces of information, currently required by the Department of Labor and Industries, the name of the crew leader, or contractors and evidence of the farm contractor's license ( RCW 19.30).

Proposal Changes the Following Existing Rules: This rule as noted above is being amended and renumbered. The rule is being changed to become more similar to the Department of Labor and Industries where we ask for the name of the crew leader and evidence of the farm contractor's license number in accordance with RCW 19.30. We are trying to be more specific about the business and financial records that this department requires a business to maintain for purposes of applying the Employment Security Act relative to unemployment insurance taxes.

No small business economic impact statement has been prepared under RCW 19.85. The proposed rules will not impact businesses in particular industries as defined in RCW 19.85, but will impact all industries equally. In addition RCW 19.85 ( RCW 19.85.025(3)) applies per paragraph below.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The proposed rules will meet the intent of RCW 34.05.310. Public access will be through hearings and solicitation of comments from any interested parties.

Hearing Location: Employment Security Department, Staff Development Room 2 (Annex), 106 Maple Park Drive, Olympia, WA 98504, on September 22, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact George Mante by September 14, 1999, (360) 902-9642.

Submit Written Comments to: George Mante, Tax Reform Coordinator, UI Tax Administration, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9556, by September 14, 1999.

Date of Intended Adoption: September 22, 1999.

July 23, 1999

Carver Gayton

Commissioner

The commissioner requires every employer to keep true and accurate employment records under RCW 50.12.

(1) Farm operators, or farm labor contractors must comply with the rules set forth in WAC 192-310-050 employer records.

(2) Farm operators contracting with a crew leader or a farm labor contractor, must make, keep, and preserve, original records containing the following information:

(a) the inclusive dates of the contract;

(b) the types of services performed;

(c) the number of persons performing such services;

(d) the name of the contractor or crew leader; and

(e) evidence of the Farm Labor Contractor's License as required under RCW 19.30.

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