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[Utah Code Table of Contents]
[TITLE 35a. Table of Contents]
35A-7-101 Title.
This chapter is known as the "Centralized New Hire Registry
Act."
1997
35A-7-102 Definitions.
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Compensation" means payment owed by an employer for labor or services rendered by an employee.
(3) "Date of hire" means the earlier of:
(a) the first day for which the employee is owed compensation by the employer; or
(b) the first day that an employee reports to work or performs labor or services for the employer.
(4) "Date of rehire" means the earlier of:
(a) the first day for which the employee is owed compensation by the employer following an unpaid absence of a minimum of six consecutive weeks; or
(b) the first day that an employee reports to work or performs labor or services for the employer following an unpaid absence of a minimum of six consecutive weeks.
(5) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 and does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of that agency determines that reporting the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(6) "Employer" means any person or entity who or which is an employer as defined in Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization.
(7) "Labor organization" means any entity as defined in Section 2(5) of the National Labor Relations Act, and includes any entity or hiring hall which is used by agreement between the organization and an employer to carry out requirements described in Section 8(f)(3) of the National Labor Relations Act.
(8) "Registry" means the centralized new hire registry
created in Section
35A-7-103
.
2000
35A-7-103 Establishment of registry.
(1) (a) The Department of Workforce Services, through contract with the Office of Recovery Services, shall establish a centralized new hire registry database for the purpose of receiving and maintaining information on newly hired or rehired employees.
(b) The database shall be formatted to conduct automatic comparisons as described in Section 35A-7-105 by October 1, 1997.
(2) Information in the registry will be used to match
the employee's employment records with other databases to
allow for the rapid implementation of support orders and
verification of employment status.
1997
35A-7-104 Reporting requirements.
(1) An employer who hires or rehires an employee on or after October 1, 1997, shall send to the department:
(a) the employee's name, address, and social security number; and
(b) the employer's name, address, and federal tax identification number.
(2) An employer shall send the information required by this section to the department:
(a) not later than 20 days after the date the employer hires or rehires the employee; or
(b) if approved by the department, on a semimonthly basis of not less than 12 days nor more than 16 days apart.
(3) The department shall determine by rule the form and manner for sending the information required under this section, which may include magnetic, electronic, and voice activated transmission.
(4) The reporting requirement of this section does not
apply to an employer who has employees in two or more states
and sends the information required by this section to a state
other than Utah if in compliance with the Social Security
Act, 42 U.S.C. Sec. 453A.
1997
35A-7-105 Requirements of the new hire registry.
(1) Within five business days after receiving information described in Section 35A-7-104 , the department shall:
(a) enter the information into the registry;
(b) conduct an automated comparison of the social security numbers reported by employers and the social security numbers appearing in the records of the Office of Recovery Services beginning May 1, 1998; and
(c) when an information comparison reveals a positive match between an individual's social security number and the child support records, provide the following information to the Office of Recovery Services:
(i) the name, address, and social security number of the individual; and
(ii) the name, address, and federal tax number of the individual's employer.
(2) Beginning May 1, 1998, within two business days after information described in Section 35A-7-104 is entered into the registry, matched, and reported to the Office of Recovery Services, the Office of Recovery Services shall transmit a notice to the employer directing the employer to withhold the employee's wages in an amount equal to the employee's monthly or other periodic support obligation.
(3) Within three business days after information described in Section 35A-7-104 is entered into the registry, the department shall furnish that information to the National Directory of New Hires.
(4) The department shall, on a quarterly basis, furnish to the National Directory of New Hires extracts of the reports required under the Social Security Act, 42 U.S.C. Sec. 303(a)(6), to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as specified in federal regulations.
(5) State agencies operating employment security and workers'
compensation programs may have access to the information
in the registry for purposes of administering those programs.
1997
35A-7-106 Penalties for failure to report.
(1) An employer who fails to timely report the hiring or rehiring of an employee as required by this chapter is subject to a civil penalty of:
(a) $25 for each such failure; or
(b) $500 if the failure to report is intentional and is the result of an agreement between the employer and the employee to not supply the required information, or to supply false or incomplete information.
(2) The department may assess the penalty by following
the procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act. The department shall collect
any unpaid civil penalty in the same manner as provided for
other penalties under Subsections
35A-4-305
(3) and (5).
1997
35A-7-107 Use and access to the registry records.
(1) (a) The records of the registry shall be maintained as private records under Section 63-2-202 .
(b) In addition to those persons granted access to private records under Sections 63-2-202 and 63-2-206 , state or federal agencies may access data from the registry for the following purposes:
(i) the Office of Recovery Services for use related to locating, establishing, and enforcing child, medical, and spousal support obligations and other services;
(ii) state agencies which use financial information in determining eligibility for public assistance programs; and
(iii) federal agencies responsible for periodic matches of new hire registry information with federal data bases.
(2) Information that is received under this chapter shall
be kept by the department for at least six months.
1997
35A-7-108 Authorization to contract for services and collect funds.
(1) The department may contract for services to assist with the implementation of this chapter.
(2) The department, through contract with the Office of
Recovery Services, may collect fees from state and federal
agencies for performing data comparisons in accordance with
Section
35A-4-106
.
1997
