1481-S4.E AMS WM S5606.1
E4SHB 1481 - S COMM AMD
By Committee on Ways & Means
ADOPTED 2/29/96
Strike everything after the enacting clause and insert the following:
"MAKING WELFARE WORK
TABLE OF CONTENTS
PART I. TARGET GROUPS.......................................... 2
A. JOB-READY TARGET GROUP...................................... 2
B. JOB PREPARATION TARGET GROUP................................ 3
C. TEEN PARENT TARGET GROUP.................................... 3
PART II. WELFARE-TO-WORK PROGRAMS.............................. 5
A. GENERAL REQUIREMENTS AND MANDATORY JOBS..................... 5
B. TAX INCENTIVE PROGRAM....................................... 9
C. COMMUNITY SERVICE.......................................... 13
PART III. TEEN PARENT PROGRAM................................. 13
PART IV. REQUIREMENTS AND RESPONSIBILITIES.................... 14
PART V. CHILD SUPPORT ENHANCEMENT............................. 17
A. LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT........ 17
B. PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM................ 44
C. CHILD CARE ZONING.......................................... 48
PART VI. WELFARE-TO-WORK EFFECTIVENESS STUDIES................ 50
PART VII. MISCELLANEOUS....................................... 53
NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflect the values of mainstream American culture, specifically the importance of work, responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.
Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children or applicant for assistance programs, to require every able-bodied citizen on aid to families with dependent children or applicant for assistance to engage in paid or unpaid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.
PART I. TARGET GROUPS
NEW SECTION. Sec. 1. A new section is added to chapter 74.12 RCW to read as follows:
TARGET GROUP CONTRACTS. The department shall assess each applicant approved for assistance, and, within twelve months of the effective date of this section, all recipients based upon age, employment history, and condition of disability, and shall target assistance based upon factors set forth in chapter . . ., Laws of 1996 (this act). The department shall include, as part of the information required of the individual assessed, the number of hours of paid employment performed in the twelve months before applying for assistance and the hourly rate of pay. The department shall use this information in order to select the appropriate target group for the individual assessed.
A. JOB-READY TARGET GROUP
NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:
JOB-READY TARGET GROUP. All applicants approved for assistance who are age eighteen or older and whose recent work experience was at the hourly rate of six dollars and fifty cents or more shall be entitled to grant assistance if they engage in an intensive self-determined job search, and shall be given referrals to appropriate state and local job search resources. All applicants for aid to families with dependent children-employable, and within twelve months all recipients of aid to families with the dependent children-employable, shall be included in the job-ready target group. Recipients in this target group shall inform the department when they become employed, and shall be eligible for a period of child care and medical benefits. They shall not be eligible for participation in welfare-to-work pilot projects. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children recipients, as studies have demonstrated that job-ready individuals leave aid to families with dependent children programs quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any recipients in this group who do not have paid employment within six months of beginning to receive benefits shall contract for participation in the job preparation target group as a condition of continued benefit receipt.
B. JOB PREPARATION TARGET GROUP
NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:
JOB PREPARATION TARGET GROUP. All applicants approved for assistance and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for six months without obtaining employment, shall contract with the department for participation in at least one of the alternate welfare-to-work programs provided for the job preparation target group. This group shall be required, as a condition of benefit receipt, to enroll in at least one of the following:
(1) The tax incentive partnership program under chapters 74.-- and 82.-- RCW (sections 206 through 208 and 203 through 205 of this act, respectively);
(2) Any available public or approved private welfare-to-work program, under contract with the department; or
(3) The job opportunities and basic skills training program.
C. TEEN PARENT TARGET GROUP
NEW SECTION. Sec. 4. A new section is added to chapter 74.12 RCW to read as follows:
TEEN PARENT TARGET GROUP. All applicants under the age of eighteen years who are approved for assistance and, within twelve months of the effective date of this section, all recipients who are under the age of eighteen and are unmarried shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED, and live in a supervised setting, as provided in RCW 74.12.255 or section 301 of this act. Applicants under the age of eighteen years are not subject to the sixty-month limitation in section 401 of this act.
Sec. 5. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:
(1) The department
shall determine, after consideration of all relevant factors and in
consultation with the applicant approved for assistance, and within twelve
months of the effective date of this section in consultation with the recipient,
the most appropriate living situation for ((applicants)) those
under eighteen years of age, unmarried, and either pregnant or having a
dependent child in the applicant's or recipient's care. Appropriate
living ((situations shall include a)) situation means the place
of residence maintained by the approved applicant's, and within
twelve months of the effective date of this section, the recipient's
parent, legal guardian, or other adult relative as their own home, or ((other))
if the department determines that living situation to be abusive or
neglectful under chapter 26.44 RCW, another appropriate supportive living
arrangement supervised by an adult ((where feasible)), with first
preference to an approved group home where available, and consistent with
federal regulations ((under 45 C.F.R. chapter II, section 233.107)).
(2) An applicant approved
for assistance, and within twelve months of the effective date of this section,
a recipient, under eighteen years of age who is either pregnant or has a
dependent child ((and is not living in a situation described in subsection
(1) of this section)) shall be presumed to be unable to manage adequately
the funds paid on behalf of the dependent child and((, unless the teenage
custodial parent demonstrates otherwise,)) shall be subject to the
protective payee requirements provided for under RCW 74.12.250 and 74.08.280.
(3) The department
shall consider any statements or opinions by either parent of the teen ((recipient))
as to an appropriate living situation for the teen, whether in the parental
home or other situation. If the parents of the teen ((head of household
applicant for assistance)) request, they shall be entitled to a hearing in
juvenile court regarding the fitness and suitability of their home as the top
priority choice for the pregnant or parenting teen ((applicant for
assistance)).
The parents of the
teen shall have the opportunity to make a showing, based on the
preponderance of the evidence, that ((the parental)) their home
is the most appropriate living situation.
(4) To encourage
adoption, in cases in which the ((head of household)) teen parent
is under eighteen years of age((,)) and unmarried, ((unemployed,
and requests information on adoption,)) the department shall((, as part
of the determination of the appropriate living situation,)) provide
information about adoption including referral to community-based organizations
for counseling.
(5) As a condition of receiving aid to families with dependent children, an unmarried pregnant or parenting applicant approved for assistance and, within twelve months of the effective date of this section, an unmarried pregnant or parenting recipient under the age of eighteen shall be required to reside in an appropriate living situation as determined according to this section and to actively progress toward a high school diploma or a GED unless certified by a health care provider licensed under chapter 18.71 or 18.83 RCW to be unable to complete such education, whereupon the department shall facilitate his or her application for supplemental security income.
PART II. WELFARE-TO-WORK PROGRAMS
A. GENERAL REQUIREMENTS AND MANDATORY JOBS
Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:
The legislature
establishes as state policy the goal of economic self-sufficiency for
employable recipients of ((public assistance)) aid to families with
dependent children, through employment, training, and education. In
furtherance of this policy, the legislature intends to comply with the
requirements of the federal social security act, as amended, by creating a job
opportunities and basic skills training program for applicants and recipients
of aid to families with dependent children. ((The purpose of this program
is to provide recipients of aid to families with dependent children the
opportunity to obtain appropriate education, training, skills, and supportive
services, including child care, consistent with their needs, that will help
them enter or reenter gainful employment, thereby avoiding long-term welfare
dependence and achieving economic self-sufficiency.)) The job
opportunities and basic skills training program shall provide employment and
training and education support services to assist recipients under chapter
74.04 RCW to obtain employment. The program shall be operated by the
department of social and health services in conformance with federal law ((and
consistent with the following legislative findings:)).
(1) The legislature
finds that the well-being of children depends ((not only on meeting their
material needs, but also)) on the ability of parents to become economically
self-sufficient. It is in this way that the material needs of children can
best be met. The job opportunities and basic skills training program is
specifically directed at increasing the labor force participation and household
earnings of aid to families with dependent children recipients, through the
removal of barriers preventing them from achieving self-sufficiency. ((These
barriers include, but are not limited to, the lack of recent work experience,
supportive services such as affordable and reliable child care, adequate
transportation, appropriate counseling, and necessary job-related tools,
equipment, books, clothing, and supplies, the absence of basic literacy skills,
the lack of educational attainment sufficient to meet labor market demands for
career employees, and the nonavailability of useful labor market assessments.))
(2) The legislature ((also))
recognizes that aid to families with dependent children recipients ((must be
acknowledged as active)) are participants in self-sufficiency
planning under the program. The legislature finds that the department of
social and health services should clearly communicate ((concepts of
the importance)) a requirement of work and how performance and
effort directly affect future career and educational opportunities and economic
well-being, as well as personal empowerment, self-motivation, and self-esteem
to program participants. The legislature further recognizes that informed
choice is consistent with individual responsibility, and that parents should be
given a range of options for available child care while participating in the
program.
(3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.
(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.
(5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.
(6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is through employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop financial incentives for employers to hire recipients.
(7) All participants in the job opportunities and basic skills training program shall, within thirty days of approval of assistance for aid to families with dependent children, or in the case of recipients, within thirty days of assessment, sign a written employment development contract of mutual responsibility with the department, or be ineligible for financial assistance from the department until the contract which shall be developed with the full involvement of the participant, is signed.
(a) The contract shall set forth the responsibilities of and expectations for the program participants and responsibilities and obligation of the department, including services to be provided to the participating family. The contract shall identify specific employment, training, education, community volunteer experiences, including participation in the community volunteer program set forth in section 209 of this act, or support activities that will direct a participant toward gainful employment and eventually self-sufficiency. The contract shall be in a format developed for state-wide use and shall clearly state each of the requirements and responsibilities set forth in section 401 of this act.
(b) The department shall review the employment development contract of mutual responsibility every six months and assess the participant's progress. Except for sanctions in situations specified in section 401 of this act, the department shall reduce aid to families with dependent children benefits by thirty-three percent every month for which the recipient is found to be out of compliance with the contract.
(8) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.
Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:
(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.
(2) ((To the extent
feasible under federal law, the department of social and health services and
all entities contracting with it shall give first priority of service to
individuals volunteering for program participation.
(3) The department
of social and health services shall adopt rules under chapter 34.05 RCW
establishing criteria constituting circumstances of good cause for an
individual failing or refusing to participate in an assigned program component,
or failing or refusing to accept or retain employment. These criteria shall
include, but not be limited to, the following circumstances: (a) If the
individual is a parent or other relative personally providing care for a child
under age six years, and the employment would require the individual to work
more than twenty hours per week; (b) if child care, or day care for an
incapacitated individual living in the same home as a dependent child, is
necessary for an individual to participate or continue participation in the program
or accept employment, and such care is not available, and the department of
social and health services fails to provide such care; (c) the employment would
result in the family of the participant experiencing a net loss of cash income;
or (d) circumstances that are beyond the control of the individual's household,
either on a short-term or on an ongoing basis.
(4))) The department of social and health services
shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent
and purpose of this chapter.
B. TAX INCENTIVE PROGRAM
NEW SECTION. Sec. 203. (1) An employer shall be allowed a credit against tax due under chapter 82.04 or 82.16 RCW of an amount equal to one hundred twenty percent of the payment made by the employer, to a qualified training institution under a training plan for training a qualified employee, subject to the limitations set forth in this section. An employer may not receive a credit for the same amounts under both chapters 82.04 and 82.16 RCW.
(2) A person claiming the credit shall file an affidavit form prescribed by the department, which shall include the amount of the credit claimed and additional information as the department may require.
(3)(a) The tax credit in respect to any qualified employee may not in a calendar year exceed:
(i) The lesser of twelve percent of the qualified employee's gross annual wages or one thousand two hundred dollars in the case of a category 1 qualified employee;
(ii) The lesser of twenty-four percent of the qualified employee's gross annual wages or two thousand four hundred dollars, in the case of a category 2 qualified employee; or
(iii) The lesser of thirty-six percent of the qualified employee's gross annual wages or three thousand six hundred dollars in the case of a category 3 qualified employee.
(b) The department of revenue shall, by December 1, 1997, for calendar year 1998, and by December 1st of each year thereafter for the following year, adjust the payment maximums under this subsection (3) to reflect inflation, using the previous calendar year's limit as the base amount to be adjusted. In making adjustments for inflation, the department shall rely on the Consumer Price Index‑-Seattle, Washington area for urban wage earners and clerical workers, compiled by the Bureau of Labor Statistics, United States Department of Labor. The department shall publish the new payment maximums which shall become effective January 1st of the year following.
(4) The credit in respect to any qualified employee may not be taken:
(a) For more than one year of training in the case of a category 1 qualified employee; or
(b) For more than two years of training in the case of a category 2 or category 3 qualified employee.
(5) The credit shall be taken against taxes due for the same calendar year in which the payment is made to the qualified training institution and must be claimed by the due date of the last tax return for the calendar year in which the payment is made to the qualified training institution.
(6) If the business, firm, or entity having a right to the tax credit is sold, assigned, conveyed, or otherwise transferred, the successor employer shall be allowed the credit. Unless the training plan provides to the contrary, the successor employer shall be allowed tax credits to the same extent as the previous employer.
(7) Total credits allowed to all employers claiming credits may not exceed four million three hundred thousand for the biennium ending June 30, 1997, and fifteen million dollars in any biennium thereafter.
(8) This section shall expire December 31, 2004.
NEW SECTION. Sec. 204. The definitions in this section apply throughout this chapter and sections 206 through 208 of this act, unless the context indicates otherwise.
(1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee paid by an employer claiming the credit under this section during the calendar year for which the credit is claimed.
(2) "Qualified employee" and "category 1, 2, or 3 qualified employee" means an applicant for or recipient of aid to families with dependent children certified as such by the department of social and health services who is hired before June 30, 2001. "Qualified employee" does not include any person hired by an employer to replace strikers or locked-out workers.
(3) "Qualified training institution" means a community or technical college, four-year college or university, a private vocational school licensed by the work force training and education coordinating board or approved by the higher education coordinating board, apprenticeship programs recognized by the Washington state apprenticeship and training council, or a private industry council that has entered into a training plan that provides for the training of a qualified employee of a person claiming the credit under this section.
(4) "Employer" means person or business as defined by RCW 82.04.030.
(5) "Training plan" means a written agreement, signed by a qualified employee, a union or other employee bargaining representative if the position is covered by a collective bargaining agreement, a qualified training institution, the department of social and health services or a designee of the department, and an employer, which specifies the amount that the employer will pay the qualified training institution for training and related costs for the qualified employee, the learning objectives intended to be achieved by the training, and a statement of progressively increasing scale of wages to be paid to the employee during the training plan period, ending in a wage scale that exceeds federal poverty levels for a family of three.
NEW SECTION. Sec. 205. Chapter 82.32 RCW applies to the administration of this chapter.
NEW SECTION. Sec. 206. (1) The tax incentive program is hereby established. The department of social and health services is authorized to enter into training plans. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:
(a) Designation of three categories of eligible aid to families with dependent children recipients from within the job preparation target group in chapter 74.12 RCW. The department of social and health services shall by rule establish criteria for assigning recipients into categories 1, 2, and 3. In establishing the criteria, the department shall consider the degree of work experience, training, wage and employment history, and education, category 1 representing recipients with the highest degree of job readiness.
(b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants.
(c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employers' employees may participate in the program, except businesses with fewer than five employees may have one employee participate.
(d) A requirement that the employer participate in the earned income tax credit program, assisting each employee to obtain the earned income tax credit monthly.
(e) Standards regarding length and learning objectives of training plans, requiring the training institution to design the plan length and learning objectives so that it meets accepted training standards for that industry or profession. Training plans may not exceed two years.
(2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this chapter. The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.
(3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits under sections 203 through 205 of this act does not exceed fifteen million dollars in any biennium. The department shall enter into contracts with employers on a first-come, first-serve basis. The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in such amount exceeding fifteen million dollars during a biennium.
(4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent available under section 203(1) of this act shall be given priority in selection and placement of qualified employees.
NEW SECTION. Sec. 207. The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.
NEW SECTION. Sec. 208. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.
(2) If the program under chapter . . ., Laws of 1996 (this act) is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination under sections 203 through 205 of this act shall receive such credits, subject to the limitations in section 203(7) of this act.
C. COMMUNITY SERVICE
NEW SECTION. Sec. 209. A new section is added to chapter 74.12 RCW to read as follows:
COMMUNITY VOLUNTEER PROGRAM. The recipient in a community volunteer program shall locate a community volunteer experience with any willing public or private organization and provide documentation to the department of his or her participation on forms established in rule by the department and signed by the recipient under penalty of perjury. Compliance shall be subject to random checks by the department.
PART III. TEEN PARENT PROGRAM
NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:
TEEN GROUP HOMES. (1) The department shall contract with public or private providers to establish teen group homes as an alternative living situation for recipients under eighteen years of age for whom it is unsafe to live with their parent or parents. According to the provisions of RCW 26.44.040, the department shall refer to local prosecution any parental home where abuse or neglect is suspected.
(2) In teen group homes, the cash grant for each resident teen parent's assistance unit, as well as the food stamp allocation and any other portion of any aid to families with dependent children benefit accruing to the teen recipient shall be pooled, and under the control of the home administrator, for the benefit of the teen parents and their children, and shall not be given directly to the teen parent.
(3) Each teen parent living in the teen group home shall be given the following case-managed services: Parenting education, maternal and child nutritional education, tutoring to aid in the completion of high school or a GED, money management, anger management, and substance abuse treatment, including treatment for tobacco addiction, where appropriate.
(4) Teen parents living in teen group homes shall, as a condition of receiving benefits, progress toward completion of educational requirements, help with household tasks at the home, attend and participate in instruction provided for teen parents in residence, and abide by house rules.
(5) House rules shall be established by each teen group home, and may include a requirement that no unsupervised male visitors be allowed, that a curfew be established, and that an equitable system of shared child care responsibilities be provided to accommodate school and work attendance for teen parents.
(6) The department shall assure the teen parent and dependents in his or her assistance unit of the following: Adequate housing and nutrition, medical care, tutoring toward completion of educational requirements, and at least the minimal additional instruction and case-managed care as provided for in this section.
PART IV. REQUIREMENTS AND RESPONSIBILITIES
NEW SECTION. Sec. 401. A new section is added to chapter 74.12 RCW to read as follows:
(1) At the end of a recipient's welfare-to-work program under a contract entered into under section 103 of this act, which shall not exceed two years, the recipient shall engage in a job search of up to six months. At the end of this job search period, grant assistance shall be reduced by twenty percent every six months. Except as provided in this subsection, a recipient's months on grant assistance may not exceed a lifetime limit of sixty months.
(a) Time limits shall be tolled in the event of:
(i) A medically certified temporary illness or disability of the recipient, including temporary mental or physical disability occurring as a result of domestic violence against the recipient;
(ii) The unavailability of appropriate care for a chronically ill or disabled family member living in the home of the recipient; or
(iii) If child care is not available for a period of time.
(b) A recipient may extend full benefits including child care and medical assistance and delay reduction of benefits for a period of an additional two years by participating at least one hundred hours per month in the community volunteer program under section 209 of this act.
(c) For purposes of calculating the months on grant assistance under this subsection (1), only months on grant assistance after the recipient has reached his or her eighteenth birthday shall be included in the calculation.
(2) Except where otherwise specified, persons receiving aid to families with dependent children shall be exempt from participation in a job-ready or job preparation target group or a welfare-to-work program:
(a) If there is a child under three years of age within ten months of application, living in the home;
(b) For a period of twelve weeks after the birth of any child born more than ten months from the date of application;
(c) If the recipient is a caretaker of a dependent child and is disabled, including a learning disability as defined in section 601(1)(f) of this act; or
(d) If the average state unemployment rate is eight percent or more, as determined by the employment security department. The time limit shall be extended for any six-month period preceded by a fifty-two week moving average unemployment rate of eight percent or more, provided the recipient performs community service during the six months.
(3) The department, working with the department of revenue, shall encourage employers of recipients to use a month-to-month pass-through of the federal earned income tax credit. The department shall facilitate application for such tax credit in all cases where recipients report earned income.
(4) To the extent that resources are available, the department shall provide transitional child care for up to twenty-four months, in accordance with federal requirements, to individuals who have completed their welfare-to-work program or obtained employment.
(5) The department has the responsibility of supplying child care to participants who have contracted for welfare-to-work or other programs under chapter . . ., Laws of 1996 (this act).
(6) The department shall provide child care assistance to public assistance recipients requesting such assistance, to enable them to participate in employment, or in approved welfare-to-work employment and training programs.
(7) The department shall provide transitional child care subsidies for a period of twelve months following the last month of grant assistance, for persons who leave public assistance due to earnings or receipt of child support, and, within available funds, upon request of the recipient, an additional twelve-month period.
(8) The department shall provide, upon request of a low-income worker, and within available funds, employment child care subsidies for low-income workers who do not receive public assistance payments.
(9) When the participant is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the participant's twelve-month transitional benefit period for medical assistance benefits, the department shall enroll the participant in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the participant's premium, and enroll the participant's eligible children in medical assistance. Regardless of the participant's earned income, state payment of the unsubsidized portion of the participant's premium shall terminate after twelve months.
(10) The department shall seek any waivers needed from the federal government to implement this section.
(11) The department shall report to appropriate committees in both houses of the legislature if it discovers that participation in welfare-to-work programs is about to cause clients to be placed on waiting lists for programs or services required under this chapter.
NEW SECTION. Sec. 402. The time limits on public assistance in section 401 of this act and the general requirements to participate in job search and training in section 201 of this act do not apply in situations where there is no parent residing in the child's home and the child is residing with a relative of specified degree.
PART V. CHILD SUPPORT ENHANCEMENT
A. LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT
NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension.
In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.
NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:
(1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
(a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized by Title 18 RCW to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.
(b) "Noncompliance with a child support order" means a responsible parent has:
(i) Accumulated arrears totaling more than six months of child support payments;
(ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or
(iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.
(c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.
(d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.
(e) "Noncomplying custodial parent" means a parent who has custody of the children in a family where the court has ordered visitation rights for the noncustodial parent, and the custodial parent has not complied with the visitation order.
(f) "Noncompliance with a visitation order" means the documented failure of a custodial parent to follow the terms of a court-ordered visitation plan.
(2) Upon notice and motion, a noncustodial parent who has a court-ordered child visitation plan may seek judicial suspension of the driver's business, occupational, or professional licenses cited in sections 509 through 537 of this act, where the licensee is a noncomplying custodial parent.
(3) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be made by personal service. If, after reasonable diligence, personal service has not been possible, service shall be by certified mail, return receipt requested.
(4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:
(a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order;
(b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;
(c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;
(d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;
(e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;
(f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend the parent's license and the department of licensing will suspend any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;
(g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;
(h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court may, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and
(i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.
(5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (3) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order and whether the responsible parent is in compliance with the order.
(6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.
(7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall make good faith efforts to establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department shall proceed with certification of noncompliance.
(8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.
(9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:
(a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (3) of this section and is not in compliance with a child support order twenty-one days after service of the notice;
(b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order;
(c) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the arrears; or
(d) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.
The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.
(10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.
(11) When a responsible parent who is served notice under subsection (3) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.
(12) The department may adopt rules to implement and enforce the requirements of this section.
(13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the arrears, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.
(14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.
NEW SECTION. Sec. 503. A new section is added to chapter 74.20A RCW to read as follows:
(1) The department of social and health services and all of the various licensing entities subject to section 502 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 502 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.
(2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 502 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 502 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:
(a) Name;
(b) Date of birth;
(c) Address of record;
(d) Federal employer identification number or social security number;
(e) Type of license;
(f) Effective date of license or renewal;
(g) Expiration date of license; and
(h) Active or inactive status.
NEW SECTION. Sec. 504. A new section is added to chapter 74.20A RCW to read as follows:
In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 502 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:
(1) The number of responsible parents identified as licensees subject to section 502 of this act;
(2) The number of responsible parents identified by the department as not in compliance with a child support order;
(3) The number of notices of noncompliance served upon responsible parents by the department;
(4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;
(5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;
(6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;
(7) The costs incurred in the implementation and enforcement of section 502 of this act and an estimate of the amount of child support collected due to the departments under section 502 of this act;
(8) Any other information regarding this program that the department feels will assist in evaluation of the program;
(9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and
(10) Any recommendations for statutory changes necessary for the cost-effective management of the program.
Sec. 505. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to
drive a motor vehicle under RCW 46.20.031(3); ((or))
(5) Has failed to
respond to a notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has failed to comply
with the terms of a notice of traffic infraction or citation, as provided in
RCW 46.20.289; ((or))
(6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or
(7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.
Sec. 506. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:
(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.
(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.
NEW SECTION. Sec. 507. A new section is added to chapter 48.22 RCW to read as follows:
A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW.
NEW SECTION. Sec. 508. A new section is added to chapter 2.48 RCW to read as follows:
ATTORNEYS. Any member of the Washington state bar association who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act shall be immediately suspended from membership. Membership shall not be reinstated until the person provides the Washington state bar association a written release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for membership during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the association may impose.
NEW SECTION. Sec. 509. A new section is added to chapter 18.04 RCW to read as follows:
ACCOUNTANTS. The board shall immediately suspend the certificate or license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order.
Sec. 510. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:
ACCOUNTANTS. (1) Upon application in writing and after hearing pursuant to notice, the board may:
(((1))) (a)
Modify the suspension of, or reissue a certificate or license to, an individual
whose certificate has been revoked or suspended; or
(((2))) (b)
Modify the suspension of, or reissue a license to a firm whose license has been
revoked, suspended, or which the board has refused to renew.
(2) In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.
NEW SECTION. Sec. 511. A new section is added to chapter 18.08 RCW to read as follows:
ARCHITECTS. The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.
Sec. 512. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:
AUCTIONEERS. (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.
(2) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:
(a) Misrepresentation or concealment of material facts in obtaining a license;
(b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;
(c) Revocation of a license by another state;
(d) Misleading or false advertising;
(e) A pattern of substantial misrepresentations related to auctioneering or auction company business;
(f) Failure to cooperate with the department in any investigation or disciplinary action;
(g) Nonpayment of an administrative fine prior to renewal of a license;
(h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and
(i) Any other violations of this chapter.
(3) The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.
NEW SECTION. Sec. 513. A new section is added to chapter 18.16 RCW to read as follows:
COSMETOLOGISTS, BARBERS, AND MANICURISTS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.
NEW SECTION. Sec. 514. A new section is added to chapter 18.20 RCW to read as follows:
BOARDING HOMES. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.
Sec. 515. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:
CONTRACTORS. (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.
(2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:
(a) One year;
(b) Until the bond expires; or
(c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.
(3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.
(4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.
(5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services stating that he or she is in compliance with the child support order and the person has continued to meet all other requirements for certification during the suspension.
NEW SECTION. Sec. 516. A new section is added to chapter 18.28 RCW to read as follows:
DEBT ADJUSTERS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.
Sec. 517. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:
EMBALMERS AND FUNERAL DIRECTORS. The director shall have the following powers and duties:
(1) To issue all licenses provided for under this chapter;
(2) To annually renew licenses under this chapter;
(3) To collect all fees
prescribed and required under this chapter; ((and))
(4) To immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order; and
(5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.
NEW SECTION. Sec. 518. A new section is added to chapter 18.39 RCW to read as follows:
EMBALMERS AND FUNERAL DIRECTORS. In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.
NEW SECTION. Sec. 519. A new section is added to chapter 18.43 RCW to read as follows:
ENGINEERS AND LAND SURVEYORS. The board shall immediately suspend the registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 520. A new section is added to chapter 18.44 RCW to read as follows:
ESCROW AGENTS. The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
Sec. 521. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:
MATERNITY HOMES. The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.
The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
NEW SECTION. Sec. 522. A new section is added to chapter 18.51 RCW to read as follows:
NURSING HOME OPERATORS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 523. A new section is added to chapter 18.76 RCW to read as follows:
POISON CENTER MEDICAL DIRECTOR/POISON INFORMATION SPECIALISTS. The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 524. A new section is added to chapter 18.85 RCW to read as follows:
REAL ESTATE BROKERS AND SALESPERSONS. The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
Sec. 525. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:
LANDSCAPE ARCHITECTS. (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:
(((1))) (a)
The holder of the certificate of registration is impersonating a practitioner
or former practitioner.
(((2))) (b)
The holder of the certificate of registration is guilty of fraud, deceit, gross
negligence, gross incompetency or gross misconduct in the practice of landscape
architecture.
(((3))) (c)
The holder of the certificate of registration permits his seal to be affixed to
any plans, specifications or drawings that were not prepared by him or under
his personal supervision by employees subject to his direction and control.
(((4))) (d)
The holder of the certificate has committed fraud in applying for or obtaining
a certificate.
(2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
Sec. 526. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:
WATER WELL CONSTRUCTION. (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:
(((1))) (a)
For fraud or deception in obtaining the license;
(((2))) (b)
For fraud or deception in reporting under RCW 18.104.050;
(((3))) (c)
For violating the provisions of this chapter, or of any lawful rule or regulation
of the department or the department of health.
(2) The director shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
(3) No license shall be suspended for more than six months, except that a suspension under section 502 of this act shall continue until the department receives a written release issued by the department of social and health services stating that the person is in compliance with the order.
(4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.
NEW SECTION. Sec. 527. A new section is added to chapter 18.106 RCW to read as follows:
PLUMBERS. The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 528. A new section is added to chapter 18.130 RCW to read as follows:
UNIFORM DISCIPLINARY ACT‑-HEALTH PROFESSIONS. The disciplining authority shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.
Sec. 529. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:
UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. The disciplining authority has the following authority:
(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;
(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;
(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;
(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;
(5) To compel attendance of witnesses at hearings;
(6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;
(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;
(8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;
(9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;
(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
(11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;
(12) To adopt standards of professional conduct or practice;
(13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;
(14) To designate individuals authorized to sign subpoenas and statements of charges;
(15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;
(16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);
(17) To immediately suspend licenses of persons who have been certified by the department of social and health services as not in compliance with a child support order as provided in section 502 of this act.
Sec. 530. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:
UNIFORM DISCIPLINARY ACT‑-HEALTH PROFESSIONS. A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.
A person whose license has been suspended for noncompliance with a child support order under section 502 of this act may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services stating that the person is in compliance with the child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.
NEW SECTION. Sec. 531. A new section is added to chapter 18.140 RCW to read as follows:
CERTIFIED REAL ESTATE APPRAISERS. The department shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 532. A new section is added to chapter 18.145 RCW to read as follows:
SHORTHAND REPORTERS. The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
Sec. 533. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:
FIRE SPRINKLER SYSTEM CONTRACTORS. (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:
(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;
(b) Conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;
(d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;
(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or
(f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.
(2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.
(3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
(4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.
NEW SECTION. Sec. 534. A new section is added to chapter 18.165 RCW to read as follows:
PRIVATE DETECTIVES. The department shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 535. A new section is added to chapter 18.170 RCW to read as follows:
SECURITY GUARDS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 536. A new section is added to chapter 18.175 RCW to read as follows:
ATHLETE AGENTS. The director shall immediately suspend a certificate of registration issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
NEW SECTION. Sec. 537. A new section is added to chapter 18.185 RCW to read as follows:
BAIL BOND AGENTS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.
Sec. 538. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:
This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.
(1) The department
shall give written notice of the denial of an application for a license to the
applicant or his or her agent. The department shall give written notice of
revocation, suspension, or modification of a license to the licensee or his or
her agent. The notice shall state the reasons for the action. The notice
shall be personally served in the manner of service of a summons in a civil
action or shall be given in ((an other)) another manner that
shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
Sec. 539. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:
This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.
(1) The department
shall give written notice of the denial of an application for a license to the
applicant or his or her agent. The department shall give written notice of
revocation, suspension, or modification of a license to the licensee or his or
her agent. The notice shall state the reasons for the action. The notice
shall be personally served in the manner of service of a summons in a civil
action or shall be given in ((an other [another])) another manner
that shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
B. PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM
NEW SECTION. Sec. 540. A new section is added to chapter 26.18 RCW to read as follows:
(1) If an obligor fails to comply with an order of support, the court shall order the obligor to:
(a) Arrange a payment schedule and maintain support payments;
(b) Participate in community service work at a minimum of one hundred hours per month; or
(c) Imprisonment for the crime of family nonsupport under RCW 26.20.035.
(2) Persons ordered to comply with subsection (1) (b) or (c) of this section shall have their names and the fact of their failure to comply with an order of support published in a newspaper of general circulation in the county in which the court order is obtained under this section.
(3) Obligors who fail to pay child support in an amount equal to or greater than one year's aid to families with dependent children grant assistance for a family of three may be selected by the department for child support enforcement publicity purposes. The department may publish and distribute picture posters of such obligors, identifying them by name, and indicating the amount of child support owed and the amount in arrears.
NEW SECTION. Sec. 541. A new section is added to chapter 26.20 RCW to read as follows:
A person is guilty of predatory nonsupport if:
(1) He or she is determined to be a parent for a second time under chapter 26.26 RCW;
(2) The second or subsequent child is receiving public assistance under chapter 74.04, 74.09 or 74.12 RCW;
(3) He or she fails to pay an obligation of support ordered under Title 26 RCW or chapter 74.04, 74.20 or 74.20A RCW; and
(4) The second or subsequent child's other natural parent was, at the time of conception, under the age of eighteen.
A violation of this section is a gross misdemeanor. Any subsequent violation of this section by a person previously convicted of a violation of this section is a class C felony under chapter 9A.20 RCW.
Sec. 542. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:
The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.
Sec. 543. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:
(1) "Department" means the state department of social and health services.
(2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.
(3) "Dependent child" means any person:
(a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or
(b) Over the age of eighteen for whom a court order for support exists.
(4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.
(5) "Child support order" means a superior court order or an administrative order.
(6) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.
(((6))) (7)
"Administrative order" means any determination, finding, decree, or
order for support pursuant to RCW 74.20A.055, or by an agency of another state
pursuant to a substantially similar administrative process, establishing the
existence of a support obligation and ordering the payment of a set or
determinable amount of support moneys to satisfy the support obligation.
(((7))) (8)
"Responsible parent" means a natural parent, adoptive parent, or
stepparent of a dependent child or a person who has signed an affidavit
acknowledging paternity which has been filed with the state office of vital
statistics and includes the parent of an unmarried minor with a child.
(((8))) (9)
"Stepparent" means the present spouse of the person who is either the
mother, father, or adoptive parent of a dependent child, and such status shall
exist until terminated as provided for in RCW 26.16.205.
(((9))) (10)
"Support moneys" means any moneys or in-kind providings paid to
satisfy a support obligation whether denominated as child support, spouse
support, alimony, maintenance, or any other such moneys intended to satisfy an
obligation for support of any person or satisfaction in whole or in part of
arrears or delinquency on such an obligation.
(((10))) (11)
"Support debt" means any delinquent amount of support moneys which is
due, owing, and unpaid under a superior court order or an administrative order,
a debt for the payment of expenses for the reasonable or necessary care,
support, and maintenance, including medical expenses, of a dependent child or
other person for whom a support obligation is owed; or a debt under RCW
74.20A.100 or 74.20A.270. Support debt also includes any accrued interest,
fees, or penalties charged on a support debt, and attorneys fees and other
costs of litigation awarded in an action to establish and enforce a support
obligation or debt.
(((11))) (12)
"State" means any state or political subdivision, territory, or
possession of the United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
NEW SECTION. Sec. 544. A new section is added to chapter 74.12 RCW to read as follows:
The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children; and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.
Sec. 545. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:
(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.
C. CHILD CARE ZONING
NEW SECTION. Sec. 546. A new section is added to chapter 36.70 RCW to read as follows:
No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state office of child care policy licensor as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
A county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
Sec. 547. RCW 36.70A.450 and 1995 c 49 s 3 are each amended to read as follows:
No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A city or county
may require that the facility: (1) Comply with all building, fire, safety,
health code, and business licensing requirements; (2) conform to lot size,
building size, setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (3) is
certified by the ((office of child care policy licensor)) department
of social and health services as providing a safe passenger loading area;
(4) include signage, if any, that conforms to applicable regulations; and (5)
limit hours of operations to facilitate neighborhood compatibility, while also
providing appropriate opportunity for persons who use family day‑care and
who work a nonstandard work shift.
A city or county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
NEW SECTION. Sec. 548. A new section is added to chapter 74.15 RCW to read as follows:
(1) A family day-care provider's home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. No town, city, or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
(2) A town, city, or county may impose zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, provided that such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.
PART VI. WELFARE-TO-WORK EFFECTIVENESS STUDIES
NEW SECTION. Sec. 601. A new section is added to chapter 44.28 RCW to read as follows:
WELFARE-TO-WORK PROGRAMS STUDY. (1) The legislative budget committee shall conduct an evaluation of the effectiveness of the welfare-to-work programs described in chapter . . ., Laws of 1996 (this act), including the job opportunities and basic skills training program, the tax incentive program, and any approved private, county, or local government welfare-to-work programs. The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of aid to families with dependent children. The study shall include but not be limited to the following:
(a) A random assignment of clients to public agencies and private contractors to assess the effectiveness of program services provided by public and private contractors;
(b) An assessment of employment outcomes, including hourly wages, hours worked, and total earnings, for clients;
(c) A comparison of aid to families with dependent children outcomes, including grant amounts and program exits, for clients;
(d) A cost-benefit analysis of the use of public and private contractors;
(e) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services; and
(f) An assessment of the extent to which recipients who are heads of households may be affected by a learning disability that prevents high school completion or impairs employability. For the purposes of this study, "learning disabilities" are defined as a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language that prevents the person from achieving commensurate with his or her age and ability levels in one or more of the areas listed in this subsection, when provided with appropriate learning or training experiences. Such disorder may include problems in visual or auditory perception and integration and may manifest itself in an impaired ability to listen, think, speak or communicate clearly, read with comprehension, write legibly and with meaning, spell, and accurately perform mathematical calculations, including those involving reading. The presence of a specific learning disability is indicated by intellectual function above that specified by the Washington administrative code for special education for eligibility as mentally retarded and by a severe discrepancy between the person's intellectual ability and academic or career achievement in one or more of the following areas:
(i) Oral expression;
(ii) Listening comprehension;
(iii) Written expression;
(iv) Basic reading skills;
(v) Reading comprehension;
(vi) Mathematics calculations; and
(vii) Mathematics reasoning.
Such performance deficit cannot be explained by visual, or hearing, or motor disabilities, mental retardation, behavioral disability or environmental, cultural, or economic disadvantage. A specific learning disability includes conditions described as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dysgraphia, and developmental aphasia.
(2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, and local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this study.
(3) Additional data may be collected directly from clients if not available from administrative records.
(4) The legislative budget committee shall report its findings to the governor and the appropriate standing committees of the legislature by October 30, 1999, and shall provide annual reports thereafter until October 30, 2002.
NEW SECTION. Sec. 602. A new section is added to chapter 44.28 RCW to read as follows:
TIME LIMIT OUTCOME STUDY. The legislative budget committee shall conduct an evaluation of the effects of time limits on recipients of aid to families with dependent children grant assistance, both generally and in Washington state. The legislative budget committee, in consultation with the Washington institute for public policy, shall work in consultation and cooperation with a focus group comprised of the welfare policy committee described in section 603 of this act, as well as representatives from the governor's office, and other interested parties. The focus group shall begin meeting with the legislative budget committee no later than January 1997, and periodically thereafter as needed. The study shall include, but not be limited to, reports to the legislature regarding the following:
(1) By December 1997, a summary of data and preliminary evaluations of the effects of time limits in a sampling of at least five other jurisdictions in which two-year time limits were enacted and in effect by 1995. This summary shall include publicly available governmental and scholarly reports and evaluations regarding the effects of time limits, from government agencies, universities, and public policy institutes.
(2) By December 1998, a detailed, updated summary of the effects of time limits on the aid to families with dependent children population in a state identified in subsection (1) of this section as having families for which the time limits have run and for which outcome data is available.
(3) By December 1999, and annually through December 2003, an updated summary of the other jurisdictions being tracked in subsections (1) and (2) of this section and an evaluation of the preliminary and subsequent effects of Washington state time limits on Washington state aid to families with dependent children recipients. The Washington state study shall include: A cost-benefit analysis of the effect of time limits on caseloads for aid to families with dependent children, cross-comparing caseload reductions, if any, in aid to families with dependent children with caseload increases, if any, in the foster care and child protective services caseloads. The Washington study shall focus on the outcomes to families whose benefits are decreased or discontinued as a direct result of time limits, including information regarding relative changes in their income status, changes in residence, and the extent to which their family resources may be supplemented by private, nonprofit, religious, or charitable organizations.
NEW SECTION. Sec. 603. A new section is added to chapter 74.04 RCW to read as follows:
WELFARE POLICY COMMITTEE. Beginning no later than January 1999, the welfare policy committee shall convene to consider the study specified in section 602 of this act. The welfare policy committee shall consist of two members of the senate, one from each party, two members of the house, one from each party, and two representatives from service or charitable organizations, appointed by the governor. The welfare policy committee shall make any legislative recommendations it may choose to the legislature by December 2000, and annually each December thereafter until 2003, in the form of proposed legislation. Such proposed legislation shall contain revisions to state law regarding aid to families with dependent children. The goal of the revisions shall be to promote independence from welfare, while minimizing any adverse effect of time limits on children in poverty. In December 2005, the welfare policy committee shall terminate.
PART VII. MISCELLANEOUS
NEW SECTION. Sec. 701. A new section is added to chapter 74.13 RCW to read as follows:
(1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.
(2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.
(3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.
(4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.
NEW SECTION. Sec. 702. The following acts or parts of acts are each repealed:
(1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex. s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;
(2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3;
(3) RCW 74.12.420 and 1994 c 299 s 9; and
(4) RCW 74.12.425 and 1994 c 299 s 10.
NEW SECTION. Sec. 703. Part headings, captions, and the table of contents used in this act do not constitute any part of the law.
NEW SECTION. Sec. 704. Sections 203 through 205 of this act shall constitute a new chapter in Title 82 RCW.
NEW SECTION. Sec. 705. Sections 206 through 208 of this act shall constitute a new chapter in Title 74 RCW.
NEW SECTION. Sec. 706. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.
NEW SECTION. Sec. 707. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 708. 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. 709. This act shall take effect July 1, 1996."
E4SHB 1481 - S COMM AMD
By Committee on Ways & Means
ADOPTED 2/29/96
On page 1, line 4 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 74.12.255, 74.25.010, 74.25.020, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181, 18.46.050, 18.96.120, 18.104.110, 18.130.050, 18.130.150, 18.160.080, 43.20A.205, 43.70.115, 26.16.205, 74.20A.020, 13.34.160, and 36.70A.450; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 26.18 RCW; adding a new section to chapter 26.20 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 74.15 RCW; adding new sections to chapter 44.28 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 74.13 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, 74.12.420, and 74.12.425; prescribing penalties; and providing an effective date."
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