H-3378              _______________________________________________

 

                                                   HOUSE BILL NO. 1749

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Sutherland, Bristow, Zellinsky, Smitherman, Madsen, Tanner, Kremen, Haugen, Walk, Rayburn, Braddock, Crane, Day, Hargrove, Baugher, Valle, K. Wilson, Fisher, Sayan, Grimm, Basich, P. King, Sommers, Appelwick, Ebersole, Winsley, Todd, Padden, Bond, Hine, Barnes, Brough, Taylor, Hankins, Vander Stoep, van Dyke, L. Smith, Sanders, Lundquist, Long, Hastings, Barrett, S. Wilson, C. Smith, Lewis, Betrozoff, Patrick, Van Luven, Walker, Thomas, Allen, Chandler, Tilly, May, Doty, Isaacson, Addison, Vekich, Peery, G. Nelson, Fuhrman, J. Williams, Gallagher, Schmidt, Nealey, Scott, Leonard, Rust, Fisch, Miller, B. Williams, Schoon, Prince, Holland, West and Dellwo

 

 

!ae30Read first 1/23/86; referred to Committee on Social & Health Srvcs.

 

 


AN ACT Relating to public assistance; and adding a new chapter to Title 74 RCW.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds:

          (1) That the family unit, as affirmed in RCW 13.34.020, is the fundamental resource of American life which should be nurtured; (2) that work can contribute to the nurturing and strengthening of the family unit; (3) that a firm policy should be developed requiring that all recipients who are able to seek and accept work participate in activities designed to achieve long-term employment and self-sufficiency; (4) that such policy shall be administered to enhance the integrity and well-being of the families of recipients; (5) that resources should be targeted to establish and administer this policy; (6) that any work incentive activity or program must be cognizant of the individual emotional and physical needs of a participant's minor children for adequate child care nurture and supervision; and (7) that there are limited means for providing opportunities to many welfare recipients for training, child care, and placement services to effect the transition to unsubsidized employment and that services should be developed to promote self-sufficiency through long-term employment.

 

          NEW SECTION.  Sec. 2.     Success in promoting family self-sufficiency through long-term unsubsidized employment in the private sector depends on the leadership of the governor to engender the enthusiasm and support of private sector businesses and firms for programs set forth in this chapter and their active participation therein, especially in grant diversion, supported work, and transitional employment activities.  The governor is directed to work with the private sector to effectively implement these activities in order to reduce welfare dependency and strengthen the family unit.

 

          NEW SECTION.  Sec. 3.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Preemployment preparation" means work for a public or nonprofit agency that provides the participant with either of the following:

          (a) Basic preemployment preparation, that provides work behavior skills and a reference for future unsubsidized employment; and

          (b) Advanced preemployment preparation, that provides on-the-job enhancement of existing participant skills in a position related to a participant's experience, training, or education acquired as a result of the services funded pursuant to a contract entered into pursuant to section 4 of this act.

          (2) "Grant diversion" means public or private sector employment or on-the-job training at comparable wage rates, in which the recipient's cash grant, or a portion thereof, or the welfare grant savings from employment, is diverted to the employer as a wage subsidy.

          (3) "Supported work or transitional employment" means a form of grant diversion in which the recipient's cash grant, or a portion thereof, or the welfare grant savings from employment, is diverted to an intermediary service provider.

 

 

          NEW SECTION.  Sec. 4.     The governor shall direct that welfare dependency be reduced and family self-sufficiency be strengthened through the use of long-term unsubsidized employment in the private sector.  The state shall:

          (1) Require  participation in the program of all recipients of welfare with no children under the age of three provided that good cause for failure to participate at any time shall be determined in accordance with the work incentive program federal regulations in 45 C.F.R. 224.34 and state law in RCW 74.23.080 and 74.23.090 and whenever the individual is suffering from medical, family, or other problems that reasonably prevent the individual from participating.  The department shall construe this section liberally to best effect the policy of the state to nurture the family unit as the fundamental resource of American life and to keep it intact.

          (2) Allow participation in training that is supported by nonwork incentive program funds reasonably designed to lead to long-term employment for the recipient, in which case, that individual shall be placed in a work incentive program component status that will allow the individual to attend the training to completion.  Work incentive program supportive services may be made available to such registrants to the extent that the registrant's training program would be eligible if the training were supported by work incentive program funds.  It is the intent of the legislature that the training status generally be no longer than two years in duration.

          (3) Require that after registration in the program, a caseworker will discuss with participants the opportunities available to them under the program.  Prior to active participation in any work program activity, participants shall receive an assessment of the participant's current skills, employment goals, and related options under the program.  A written employment and training contract leading to self-sustaining employment that identifies the services that the counselor must provide and the tasks that the registrant must do to implement the contract shall be mutually agreed upon and completed for each participant.

          (4) Include specific plans to address the needs of participants with existing job skills who require minimal assistance to acquire self-sustaining employment and to participants who, within three years, will no longer be eligible for welfare assistance due to the age of their children.

          (5) Provide a continuum of programs and activities to enable welfare recipients to make choices and to live up to the responsibilities involved in those choices.  These programs and activities shall include job services that shall include but not be limited to:  (a) Job clubs consisting of job search workshops, supervised job search, unsupervised job search, job placement, job development, and employment counseling; and (b) training and education services that shall include but not be limited to job training, preemployment preparation, adult basic education, grant diversion, supported work, and transitional employment.

          (6) Establish criteria and, to the extent possible, implement a program whereby funds are extended, on a matching basis, to public or private nonprofit agencies that can demonstrate effectiveness in placing low-income and unskilled persons in unsubsidized employment on a long-term basis, recognizing that it is the intent of the legislature that a nonprofit agency with which a contract exists will be allowed to operate its programs with minimal state interference.

 

          NEW SECTION.  Sec. 5.     A participant under this chapter shall have all due process rights granted pursuant to RCW 74.08.070, 74.08.080, and the provisions of chapter 34.04 RCW.

 

          NEW SECTION.  Sec. 6.     (1) Any individual who completes the training or education services to which he or she is assigned, but who remains unemployed, shall be referred to job search services for a period of ninety days.  If the participant remains unemployed at the end of this ninety day job search period, he or she shall be evaluated and reassigned to an advanced long-term preemployment preparation assignment.

          (2) In the case of any participant who has not been employed within two years from the date of registration  entered into pursuant to section 4 of this act the contract shall provide that the participant shall participate in job club for a period of three weeks.  Participation pursuant to this subsection may be delayed in accordance with section 4(2) of this act.

          (3) In the case of any participant who has been employed within two years of the date of registration,  the participant shall have the option to participate in a three-week period of job club, or in a three-week period of supervised job search.  At the discretion of the employment and training counselor and with the approval of the first or second line supervisor, the job search period may be shortened when it is determined that all reasonable job search efforts have been exhausted.  The participant shall choose one of the options upon signing the contract.  Participation pursuant to this subsection may be delayed in accordance with section 4(2) of this act.

 

 

          NEW SECTION.  Sec. 7.     (1) Any employment or training program position created pursuant to this chapter, other than a preemployment preparation position may not be created as a result of, or may not result in, any of the following:

          (a) Displacement of current employees, including overtime currently worked by these employees;

          (b) The filling of positions which would otherwise be promotional opportunities for current employees;

          (c) The filling of a position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements;

          (d) The filling of a position created by termination, layoff, or reduction in workforce, caused by the employer's intent to fill the position with a subsidized position pursuant to this chapter;

          (e) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers.

          (2) Grant diversion, supported work, and transitional employment projects shall be administered so that the recipient shall not receive less disposable income than if he or she had not participated in the project.  "Disposable income" means the income available to the recipient by adding the aid payment acquired pursuant to this chapter and earnings from the grant diversion project and subtracting the allowable employment related expenses.

          (3) The state shall obtain agreements with employers that participants will be employed upon successful completion of the grant diversion, supported work, or transitional employment period in any related job openings, and that employers will not discriminate against participants on the basis of race, sex, national origin, age, or disability.

 

          NEW SECTION.  Sec. 8.     (1) The number of hours a person participates in a preemployment preparation program shall be determined by adding his or her aid grant under this chapter, less any child support paid to the state, and his or her food stamp allotment and dividing by the average hourly wage for all job orders placed with the employment security administration.  The average hourly wage shall be updated annually every July 1.  No preemployment preparation assignment shall exceed thirty-two hours per week.

          (2) A preemployment preparation position utilized pursuant to this chapter may not be created as the result of, or may not result in, any of the following:

          (a) Displacement of current employees, including overtime currently worked by these employees;

          (b) The filling of established unfilled positions, unless the positions are unfunded in a public agency budget;

          (c) The filling of positions which would otherwise be promotional opportunities for current employees;

          (d) The filling of a position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements;

          (e) The filling of a position created by termination, layoff, or reduction in workforce;

          (f) The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific worksite, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoffs;

          (g) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers.

          (3) The sponsor of a preemployment preparation assignment shall assist and encourage qualified preemployment preparation participants to compete for job openings occurring within the sponsor's organization for which they qualify.

          Workers assigned to public agencies shall be allowed to participate in classified service examinations equivalent to the positions they occupy, as well as all open and promotional examinations for which experience in the position or other relevant experience is qualifying under civil service system rules.

 

          NEW SECTION.  Sec. 9.     (1) Supportive services to be provided work program participants shall include, but are not limited to the following:

          (a) Paid child care shall be available to every participant with a child under twelve years of age who needs it in order to participate in the program component to which he or she is assigned;

          (b) Transportation costs shall be paid for every participant to and from his or her job or training assignment; and

          (c) Ancillary expenses, which shall include the cost of books, tools, clothing, fees, and other necessary costs of a work or training assignment.

          (2) If the participant is working in unsubsidized employment after having participated in this program, child care shall be available for a transition period of not less than three months.  If the participant is working in unsubsidized employment after having participated in this program, coverage under the medicaid program shall also be provided for a transition period consistent with federal requirements.

 

 

          NEW SECTION.  Sec. 10.    (1) The department shall seek any federal funds available for implementation of this chapter, including, but not limited to, funds available under Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for the Work Incentive Demonstration Program, the Employment Search Program, and the Community Work Experience Program.

          (2) The department shall seek any waiver from the secretary of the United States department of health and human services which is necessary to implement this chapter.

 

          NEW SECTION.  Sec. 11.    The department shall coordinate work and training activities with the job training partnership act agency and shall work to involve members of the public, public assistance recipients, the business community, labor representatives, low-income advocacy organizations, and other government agencies as necessary to develop and implement the proposal under this chapter.

 

          NEW SECTION.  Sec. 12.    The legislature recognizes that the department of social and health services is the unit of local government designated to administer public assistance programs in this state.  It is the intent of the legislature that access to public assistance benefits be integrated with access to employment and training services provided pursuant to this chapter.  In the event that another unit of general government or a consortium of units of general local government is also designated as a service delivery area pursuant to the federal job training partnership act, the service delivery area plan for that service delivery area shall describe the agreed-upon methods and procedures whereby employment and training services to public assistance recipients are tied to and a part of the system of integrated access to public assistance and employment and training services within the area.  The state shall provide full cooperation to those entities administering a service delivery area plan to assist in the establishment of appropriate linkages.

 

          NEW SECTION.  Sec. 13.    This chapter shall be fully operational on a state-wide basis within three years after its effective date.

 

          NEW SECTION.  Sec. 14.    Sections 1 through 13 of this act shall constitute a new chapter in Title 74 RCW.