MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO CREATE NEW CODE SECTION 43-19-46, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EACH EMPLOYER DOING BUSINESS IN THE STATE SHALL SUBMIT CERTAIN REPORTS TO THE DIRECTOR OF NEW HIRE WITHIN THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION FOR THE PURPOSE OF TRACKING EMPLOYMENT FOR REASONS OF CHILD SUPPORT; TO REQUIRE CERTAIN INFORMATION IN THE REPORTS; TO PROVIDE PENALTIES FOR FAILURE TO REPORT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following section shall be codified as Section 43-19-46, Mississippi Code of 1972:

43-19-46. (1) For purposes of tracking employment for reasons of child support payments, each employer doing business in the State of Mississippi shall report to the Director of New Hire within the Mississippi Employment Security Commission the following:

(a) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and

(b) The hiring or returning to work of any employee who was laid off, furloughed, separated, granted leave without pay or terminated from employment.

(2) Employers may report the information required herein by mailing, or by other means authorized by the Department of Human Services, a copy of the employee's W-4 form or its equivalent. Each employer shall submit the report within fifteen (15) days of the hiring, rehiring or returning to work of the employee. The report shall contain:

(a) The employee's name, address, Social Security number and date of birth;

(b) The employer's name, address and federal and state withholding tax identification numbers; and

(c) The date upon which the employee began or resumed employment or is scheduled to begin or otherwise resume employment.

(3) The department shall retain the information for a particular employee and shall forward it to the federal registry of new hires.

(4) If an employer fails to report as required by this section, the employer is subject to a civil penalty in an amount of not less than Five Hundred Dollars ($500.00) and not to exceed One Thousand Dollars ($1,000.00).

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.