Thursday, February 18, 2010
WASHINGTON STATE UNDERSTANDS THE NEW HIRE REPORTING PROVISIONS OF THE PRWORA
Not only does Washington State understand the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 related to new hire reporting, but it has enacted the legislation required of those states that desire to continue to receive federal aid for their welfare programs.
Compare the Washington statute with South Carolina Code Ann. ยง63-17-1210 (1976, as amended) titled "Employer new hire program." The South Carolina statute provides in relevant part:
Not only does Washington State understand the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 related to new hire reporting, but it has enacted the legislation required of those states that desire to continue to receive federal aid for their welfare programs.
Compare the Washington statute with South Carolina Code Ann. ยง63-17-1210 (1976, as amended) titled "Employer new hire program." The South Carolina statute provides in relevant part:
Obviously, South Carolina's New Hire Reporting Statute does not conform with the mandates set forth in the PRWORA. However, a simple fix is readily available. All South Carolina has to do is adopt the statutory scheme of Washington State. Or North Carolina. Or Georgia. Or Alabama. Or Florida. Or...(A) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division.(B) The following provisions apply to the Employer New Hire Reporting program: (1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division(emphasis added).
Given that South Carolina has already been fined over $72 Million for its failure to come into compliance with the PRWORA--not to mention the national attention generated by the recent remarks of South Carolina's Lt. Governor on the need for welfare reform--one would think that South Carolina would want to make sure that it is abiding by previously enacted welfare reform laws. And, if South Carolina is incapable of creating the mandated legislation on its own, maybe it should look to the legislation of another State for guidance.
Labels: Federal Fines, New Hire Reporting, Problems at DSS, Welfare Reform
