AN ACT Relating to the Washington serves
program; adding new sections to chapter 50.65 RCW; and creating new sections.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that:
(1) Budget constraints are causing severe gaps
and reductions in vital services to local communities and citizens. Some of
these gaps in services can be filled by citizen volunteers through an organized
program to recruit and place volunteers and to expand opportunities for
volunteers to serve their communities;
(2) The federal government is proposing
expansion of national services programs. These programs may require
significant matching resources from states. State funds supporting the
Washington serves program can serve as a required matching source to leverage
additional federal national service resources;
(3) Washington state has, through the
Washington service corps, successfully offered service opportunities and
meaningful work experience to young adults between the ages of eighteen and
twenty-five years;
(4) The need exists to expand full-time
volunteer opportunities to citizens age twenty‑one and over, to encourage
senior citizens, college graduates, professional and technically skilled
persons, and other adult citizens, to contribute their critical expertise,
experience, labor, and commitment to meeting the needs of their communities;
(5) It is appropriate and in the public's
interest for Washington state to create opportunities for citizens to engage in
full-time, meaningful volunteer service in governmental or private nonprofit
agencies, institutions, programs, or activities that address the social,
economic, educational, civic, cultural, or environmental needs of local
communities;
(6) Through volunteer service, citizens apply
their skills and knowledge to the resolution of critical problems or meeting
unmet needs, gain valuable experience, refine or develop new skills, and
instill a sense of civic pride and commitment to their community;
(7) There is a need to coordinate state and
federally funded volunteer service programs that provide living allowances and
other benefits to volunteers to maximize the benefits to volunteers and the
organizations in which they serve.
It is therefore the legislature's desire to
expand full-time volunteer opportunities for citizens age twenty‑one and
over and to provide appropriate incentives to those who serve. Such a program
should be implemented state‑wide and coordinated across programs.
NEW SECTION. Sec. 2.
Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Commissioner" means the
commissioner of the employment security department.
(2) "Council" means the Washington
council on volunteerism and citizen service authorized by chapter 43.150 RCW.
(3) "Department" means the employment
security department.
(4) "Volunteer" means a person at
least twenty‑one years of age who, upon application and acceptance into
the program, is placed in a governmental or private, nonprofit organization to
perform full-time service for the benefit of the community, and who receives a
living allowance and other benefits as authorized under this chapter.
NEW SECTION. Sec. 3.
There is hereby created within the employment security department a program for
full-time community service that shall be known and referred to as the
Washington serves program. The department shall recruit, train, place, and
evaluate applicants to the program. The department may accept applications and
enter into agreements or contracts with any governmental or private nonprofit
organization appropriate for placement of volunteers under this program. The
commissioner, after consultation with the council, may adopt rules as needed to
carry out the intent and purposes of this program. It is the intent of the
legislature that the commissioner coordinate this program with all volunteer
service programs, whether funded with state or federal dollars, in order to
maximize the benefits to volunteers and the communities served under the
program. It is also the legislature's intent that to the extent that state
funds are paid directly to persons that participate in the program, whether to
reimburse, support, assist, or provide other direct payment, no volunteer may
have such reimbursement, support, assistance, or other payment reduced or
withheld for having served in the program.
NEW SECTION. Sec. 4.
(1) Applicants to the Washington serves program shall be at least twenty‑one
years of age and a resident of Washington state.
(2) Applicants may apply to serve for a period
of service of one year, except that volunteers may serve for periods of service
of less than one year if it is determined by the commissioner, on an individual
basis, that a period of service of less than one year is necessary to meet a
critical scarce skill or necessary to enable a person or organization to
participate in the program.
(3) Volunteers may reapply for periods of
service totaling not more than two additional years.
(4) Applicants to the program shall be
committed to providing full-time service to the community.
NEW SECTION. Sec. 5.
(1) Program volunteers shall be selected from among qualified individuals
submitting applications for full-time service at such time, in such form, and
containing such information as may be necessary to evaluate the suitability of
each individual for service, and available placements. The commissioner or the
commissioner's designee shall review the application of each individual who
applies in conformance with selection criteria established by the commissioner
after consultation with the council, and who, on the basis of the information
provided in the application, is determined to be suitable to serve as a
volunteer under the Washington serves program.
(2) Within available funds, volunteers may be
placed with any public or private nonprofit organization, program, or project
that qualifies to accept program volunteers according to the rules and
application procedures established by the commissioner. Work shall benefit the
community or state at-large and may include but is not limited to programs,
projects, or activities that:
(a) Address the problems of jobless, homeless,
hungry, illiterate, or functionally illiterate persons, and low-income youths;
(b) Provide support and a special focus on
those project activities that address the needs of the unemployed and those in
need of job training or retraining;
(c) Address significant health care problems,
including services to homeless individuals and other low‑income persons,
especially children, through prevention and treatment;
(d) Meet the health, education, welfare, or
related needs of low-income persons, particularly children and low-income
minority communities;
(e) Provide care or rehabilitation services to
the mentally ill, developmentally disabled, or other persons with disabilities;
(f) Address the educational and
education-related needs of children, youth, families, and young adults within
public educational institutions or related programs;
(g) Address alcohol and drug abuse prevention,
education, and related activities; and
(h) Seek to enhance, improve, or restore the
environment or that educate or advocate for a sustainable environment.
(3) Every reasonable effort shall be made to
place participants in programs, projects, or activities of their choice if the
agencies, programs, or activities are consistent with the intent and purposes
of the Washington serves program, if there is mutual agreement between the
agency, program, or activity and the volunteer, and if the volunteer's service
is consistent with the intent and purpose of the program and would benefit the
community or the state as a whole.
NEW SECTION. Sec. 6.
(1) Volunteers accepted into the Washington serves program and placed in an
approved agency, program, or activity, shall be provided a monthly subsistence
allowance in an amount determined by the commissioner taking into consideration
the allowance given to VISTA, Washington service corps, and other similar
service programs. For those persons who qualify and are granted a deferment of
federal student loan payments while serving in the program, the rate of
compensation shall be equal to but not greater than the monthly subsistence
allowance granted Volunteers In Service To America (VISTA) serving in this
state, as determined by the national ACTION agency or its successor, in
accordance with section 105 (b)(2) of the Domestic Volunteer Service Act of
1973, P.L. 93-113, as amended.
(2) The commissioner or the commissioner's
designee shall, within available funds, ensure that each volunteer has
available support to enable the volunteer to perform the work to which the
volunteer is assigned. Such support may include, but is not limited to,
reimbursement for travel expenses, payment for education and training expenses,
including preservice and on-the-job training necessary for the performance of
duties, technical assistance, and other support deemed necessary and appropriate.
(3) At the end of each volunteer's period of
service of not less than one year, each volunteer may receive a postservice
stipend for each month of completed service in an amount determined by the
commissioner. The postservice stipend for those persons who qualify and are
granted a deferment of federal student loan payments while serving in this
program shall be an amount equal to but not greater than the amount or rate
determined by the national ACTION agency or its successor, in accordance with section
105(b)(2) of the Domestic Volunteer Service Act of 1973, P.L. 93-113 as
amended, for Volunteers In Service To America (VISTA), who are providing
services in this state. Volunteers under the Washington serves program may
accrue the stipend for each month of their service period of not less than one
year, including any month during which they were in training. The commissioner
or the commissioner's designee may, on an individual basis, make an exception
to provide a stipend to a volunteer who has served less than one year.
(4) Stipends shall be payable to the volunteer
only upon completion of the period of service. Under circumstances determined
by the commissioner, the stipend may be paid on behalf of the volunteer to
members of the volunteer's family or others designated by the volunteer.
NEW SECTION. Sec. 7.
Within available funds, medical aid coverage under chapter 51.36 RCW and
medical insurance shall be provided to all volunteers under this program. The
department shall give notice of medical aid coverage to the director of labor
and industries upon acceptance of the volunteer into the program. The
department shall not be deemed an employer of any volunteer under the
Washington serves program for any other purpose. Other provisions of law
relating to civil service, hours of work, rate of compensation, sick leave,
unemployment compensation, old age, health and survivor's insurance, state
retirement plans, and vacation leave do not apply to volunteers under this
program.
NEW SECTION. Sec. 8.
The assignment of volunteers under the Washington serves program shall not
result in the displacement of currently employed workers, including partial
displacement such as would result from a reduction in hours of nonovertime
work, wages, or other employment benefits. Participating agencies, programs,
or activities may not terminate, layoff, or reduce the working hours of any
employee for the purpose of using volunteers under the Washington serves
program. In circumstances where substantial efficiencies or a public purpose
may result, participating agencies may use volunteers to carry out essential
agency work or contractual functions without displacing current employees.
NEW SECTION. Sec. 9.
The services of volunteers placed with participating agencies described in
chapter 50.44 RCW are not eligible for unemployment compensation coverage.
Each volunteer shall be so advised by the commissioner or the commissioner's
designee.
NEW SECTION. Sec. 10.
The commissioner or the commissioner's designee may assist any volunteer
serving full-time under the Washington serves program in obtaining a service
deferment of federally funded student loan payments during his or her period of
service.
NEW SECTION. Sec. 11.
The commissioner or the commissioner's designee may provide or arrange for
educational, vocational, or job counseling for program volunteers at the end of
their period of service to (1) encourage volunteers to use the skills and
experience which they have derived from their training and service, and (2)
promote the development of appropriate opportunities for the use of such skills
and experience, and the placement therein of such volunteers. The commissioner
or the commissioner's designee may also assist volunteers in developing a plan
for gainful employment.
The commissioner shall provide for an
appropriate means of recognition or certification of volunteer service.
NEW SECTION. Sec. 12.
The executive administrator of the Washington serves program shall recruit and
develop service placements and may enter into work agreements or contracts as
needed to implement the Washington serves program. The commissioner, after
consultation with the council, may adopt rules for participating agencies which
rules may include, but are not limited to: Supervision of volunteers,
reasonable work space or other working environment conditions, ongoing
training, the handling of grievances or disputes, performance evaluations,
frequency of agency contacts, and liability insurance coverage. The
commissioner shall determine financial support levels for organizations
receiving volunteer placements that will provide matching funds for enrollees
in service projects under work agreements.
NEW SECTION. Sec. 13.
The department may receive such gifts, grants, and endowments from private or
public sources that may be made from time to time, in trust or otherwise, for
the use and benefit of the Washington serves program and spend the same or any income
therefrom according to the terms of the gifts, grants, or endowments.
The department may also use funds appropriated
for the purposes of this chapter as matching funds for federal or private
source funds to accomplish the purposes of this chapter.
NEW SECTION. Sec. 14. If
any part of this act is found to be in conflict with federal requirements which
are prescribed conditions to the receipt of federal funds or participation in
any federal program, such conflicting part of this act is declared to be
inoperative solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder of the act.
Rules adopted pursuant to this act shall meet federal requirements which are a
necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 15.
Sections 1 through 13 of this act may be known and cited as the Washington
serves act.
NEW SECTION. Sec. 16.
Sections 1 through 13 of this act are each added to chapter 50.65 RCW.
NEW SECTION. Sec. 17.
The commissioner shall report to the appropriate committees of the legislature
on the success and impact of the Washington serves program by January 1, 1996.
NEW SECTION. Sec. 18. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 19. If
specific funding for the purposes of this act, referencing this act by bill
number, is not provided by June 30, 1993, in the omnibus appropriations act,
this act is null and void.
