6062-S2.E AMS QUIG S3474.3

E2SSB 6062 - S AMD - 439

By Senators Quigley and Wood

    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....................................   3

B.  JOB PREPARATION TARGET GROUP..............................   3

C.  YOUNG PARENT TARGET GROUP.................................   3

PART II.  WELFARE-TO-WORK PROGRAMS............................   4

A.  TAX INCENTIVE PROGRAM.....................................   4

B.  FULL EMPLOYMENT ACT.......................................   8

C.  JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM....... 15

PART III.  CONTRACTS FOR PERSONAL RESPONSIBILITY.............. 18

PART IV.  MINOR PARENT PROVISIONS............................. 23

PART V.  CHILD SUPPORT ENHANCEMENT............................ 27

PART VI.  WELFARE EVALUATION AND EFFECTIVENESS STUDIES........ 54

PART VII.  CHILD CARE ZONING.................................. 55

PART VIII.  MISCELLANEOUS..................................... 57

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, personal 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 program, to require every able-bodied citizen on aid to families with dependent children 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.

    Therefore, the legislature intends that:

    (1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;

    (2) Employment assistance resources focus on employable recipients who are most at risk of a long-term stay on welfare;

    (3) Caretakers receiving public assistance sign a contract delineating their obligation and responsibility to comply with requirements for work, training, and personal responsibility;

    (4) Specific time limits for the receipt of public assistance be set for all recipients of aid to families with dependent children; and

    (5) Unmarried parents who are minors generally will be ineligible for assistance under the aid to families with dependent children program.

PART I.  TARGET GROUPS

NEW SECTION. Sec. 101.  A new section is added to chapter 74.25 RCW to read as follows:

    TARGET GROUP CONTRACTS.  The department shall assess each caretaker and, based on this assessment, shall refer the caretaker to the appropriate target group or groups as provided under sections 102, 103, and 104 of this act, unless the caretaker is not or would not be required to sign a contract under section 301(3) of this act.  Assessments shall be based upon age, age of dependents, education, condition of incapacity, and employment history.  The assessment and referral of caretakers who are applicants for assistance on or after the effective date of this section shall be made as part of the application approval process.  The assessment and referral of caretakers who have been approved for assistance before the effective date of this section shall be completed within twelve months after such effective date.

A.  JOB-READY TARGET GROUP

NEW SECTION. Sec. 102.  A new section is added to chapter 74.25 RCW to read as follows:

    JOB-READY TARGET GROUP.  All caretakers who are age eighteen or older and have an employment history, already possess job skills, or are likely to be reemployed with minimal services, shall be referred to the job-ready target group.  Caretakers shall be entitled to grant assistance if they participate in twenty-six weeks of job search after signing an initial contract under section 301 of this act.  All caretakers receiving aid to families with dependent children-employable shall be included in the job-ready target group.  It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children caretakers, as studies have demonstrated that job-ready individuals leave aid to families with dependent children quickly with minimal public help.  Assessment and administrative costs shall be kept to a minimal level for this target group.  Any caretakers in this group who do not have paid employment after twenty-six weeks of job search shall contract with the department for participation in the job preparation target group.

B.  JOB PREPARATION TARGET GROUP

NEW SECTION. Sec. 103.  A new section is added to chapter 74.25 RCW to read as follows:

    JOB PREPARATION TARGET GROUP.  All caretakers 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 twenty-six weeks without obtaining employment, shall be required, as a condition of benefit receipt, to enroll and participate in a program required by chapter . . ., Laws of 1995 1st sp. sess. (this act) under the job opportunities and basic skills training program.

C.  YOUNG PARENT TARGET GROUP

NEW SECTION. Sec. 104.  A new section is added to chapter 74.25 RCW to read as follows:

    YOUNG PARENT TARGET GROUP.  All caretakers under the age of twenty-four years who do not possess a high school diploma or a GED, must, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED.

PART II.  WELFARE-TO-WORK PROGRAMS

A.  TAX INCENTIVE PROGRAM

NEW SECTION. Sec. 201.  (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 and in sections 204 through 206 of this act.  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 on a 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, 1996, for calendar year 1997, 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 seven million five hundred thousand dollars in any biennium.

    (8) This section shall expire December 31, 2003.

NEW SECTION. Sec. 202.  The definitions in this section apply throughout this chapter and sections 204 through 206 of this act, unless the context indicates otherwise.

    (1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee 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, category 2, or category 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, 2000.  "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. 203.  Chapter 82.32 RCW applies to the administration of this chapter.

NEW SECTION. Sec. 204.  (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 74.25 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) A restriction on the total number of employees that an employer may have in the program.  No more than twenty percent of the employer's employees may participate in the program, except businesses with fewer than five employees may have one employee participate.

    (c) A requirement that the employer participate in the earned income tax credit program, assisting each employee to obtain the earned income tax credit monthly.

    (d) Standards regarding length and learning objectives of each training plan, 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 201 through 203 of this act does not exceed seven million five hundred thousand 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 seven million five hundred thousand 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 201(1) of this act shall be given priority in selection and placement of qualified employees.

NEW SECTION. Sec. 205.  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. 206.  (1) No training plans may be entered into after June 30, 2000.  Contracts in effect on June 30, 2000, shall continue in effect according to the terms of the contract.

    (2) If the program under chapter . . ., Laws of 1995 1st sp. sess. (this act) is terminated before June 30, 2000, persons eligible for tax credits at the time of program termination under sections 201 through 203 of this act shall receive such credits, subject to the limitations in section 201(7) of this act.

B.  FULL EMPLOYMENT ACT

NEW SECTION. Sec. 207.  Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 207 through 214 of this act.

    (1) "Department" means the department of social and health services.

    (2) "Participants" means recipients of aid to families with dependent children.

    (3) "Pilot program" or "program" means the Washington full employment act pilot program established in section 208 of this act.

    (4) "Washington full employment act" means the Washington full employment pilot program established in section 208 of this act.

NEW SECTION. Sec. 208.  (1) In establishing and implementing a pilot program to be known as the Washington full employment act, it is the intent of the legislature to use the benefits of the job opportunities and basic skills training program (JOBS) to promote greater economic self-sufficiency among families and workers by:

    (a) Requiring all recipients of aid to families with dependent children in the job preparation target group and living in the pilot counties to participate in the program;

    (b) Increasing the employability of participants who are unemployed and underemployed workers through on-the-job training;

    (c) Increasing the ability of the public and private sector to work together to develop jobs;

    (d) Ensuring that participants improve their work skills, education, and employability through worksite training, mentoring, job placement, and necessary support services that include child care, transportation, and health care; and

    (e) Guaranteeing that participation in the Washington full employment act does not result in reductions of net income to participants.

    (2) The Washington full employment act is created as a five-year pilot program in which residents of selected counties shall, in lieu of receiving payments from the aid to families with dependent children program and coupons under the food stamp program, be provided jobs that promote self-sufficiency and encourage independence from aid to families with dependent children.

NEW SECTION. Sec. 209.  PILOT COUNTIES.  The Washington full employment act shall be piloted in two locations, to be chosen by the department based upon the following criteria:  One in a county of eastern Washington and one in a county of western Washington.  None of the pilot areas may have an unemployment rate exceeding one hundred fifty percent of the state's average unemployment rate at commencement of the pilot.  The department shall give preference to counties demonstrating a desire to participate, and shall attempt to select counties with a reasonable chance to fully implement the Washington full employment act.

NEW SECTION. Sec. 210.  In full employment act counties, the department shall contract at least fifty percent of the job training, job funding, and job matching leading to independent employment, with private nonprofit community action agencies, nonprofit local community organizations, and other organizations with experience and ability to meet the employment needs of individuals on aid to families with dependent children.  Such contracts shall be performance and outcome based.

NEW SECTION. Sec. 211.  A Washington full employment act implementation board shall be established in each pilot county as a liaison to the business community and shall work with the department to address particular needs of participants in the county.  The board shall be comprised of not fewer than two representatives from the local programs contracted with the department to provide mentoring, on-the-job training, and job placement; two members currently participating in the program who are aid to families with dependent children recipients; five representatives from the local business community; one representative from the labor community; one representative from the department; and one representative from the department of community, trade, and economic development.  Each board shall be responsible for recruiting employment opportunities and encouraging participation in the county.

NEW SECTION. Sec. 212.  (1) The Washington full employment act special fund is created in the state treasury separate and distinct from the general fund.  Moneys in the fund may be spent only after appropriation and shall be used exclusively to meet the necessary expenses of the program.  The fund shall be held and administered by the state treasurer.

    (2) All funds appropriated for expenditure by or apportioned to the department for operation of the aid to families with dependent children program, the job opportunities and basic skills training program, and the food stamp program in the pilot counties shall accrue to the fund.

    (3) The department shall allocate available job opportunities and basic skills training program child care funds on a pro rata basis to full employment act counties, based on the number of participants in those counties.

    (4) All income earned on moneys in the fund shall be credited to and deposited in the fund to the extent permitted by state and federal law.

    (5) Expenditures from the fund shall include pilot program wage reimbursements to participating employers, aid to families with dependent children cash grants, food stamp allotments, Washington full employment act payments to eligible participants of the pilot counties, and administrative costs directly associated with the operation of the pilot program.  At the end of the five-year pilot program, expenditures from the fund shall not exceed accruals to the fund.

    (6) No less than quarterly, the department shall meet with the implementation boards to review the cost-effectiveness of the program and shall take any necessary action to modify or suspend the program to maintain cost neutrality.

    (7) In administering the fund, and consistent with other provisions of the pilot program and to the extent permitted by federal law, the department shall maximize the use of federal grants and apportionments of the aid to families with dependent children program, the job opportunities and basic skills training program, the food stamp program, and employment-related child care.

    (8) To the extent that additional moneys may be obtained for the program from sources other than state tax revenues, the additional moneys shall be appropriated to the fund.

NEW SECTION. Sec. 213.  (1)(a) The department shall adopt by rule a method to determine which employers, including public and private sector employers, within this state shall have the opportunity to utilize pilot program participants.  In the event that openings exceed the number of participants, the department shall give priority in the hiring of participants to those employers willing to accept a ninety percent reimbursement rate or to extend the initial term of employment for an additional three months without requiring an additional subsidy.  No employer is required to participate in the Washington full employment act.  In the event that there are unassigned participants whom no employer desires to utilize, they may be assigned to work for a public agency.

    (b) The department by rule shall:

    (i) Establish criteria for excluding employers from participation for failure to abide by pilot program requirements or other demonstrated unwillingness to comply with the stated intent of the program;

    (ii) Provide that employers that have terminated two participants before completion of training without cause shall be ineligible to receive additional participants.

    (2) The department shall assign in priority order individuals eligible for the pilot program who are:

    (a) Single adults and caretaker relatives who are receiving aid to families with dependent children benefits; and

    (b) Two-parent families who are receiving aid to families with dependent children benefits.

    (3) The department shall ensure that jobs made available to pilot program participants shall:

    (a) Not require work in excess of forty hours per week;

    (b) Be in conformity with section 3304(a)(5) of the federal unemployment tax act; and

    (c) Not be used to displace regular employees nor to fill unfilled positions previously established.

    (4)(a) With the assistance of the local full employment act implementation boards, the employment security department, and the department of community, trade, and economic development, the department shall develop a job inventory of sufficient size to accommodate all of the participants in the program.  In consultation with the participant, the department shall try to match the profile of a participant with the needs of an employer when assigning a participant to work with the employer.

    (b) Either the employer or the participant may terminate the assignment by contacting the appropriate department office.  In such event, the department shall evaluate the termination and reassess the needs of the participant and assign the participant to another Washington full employment act placement or another Washington full employment act component and, at the employer's request, provide the employer with another participant.

    (c)(i) If after seven months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow the worker to undertake eight hours of job search per week.  Participating employers shall consider such time as hours worked for the purposes of paying wages.

    (ii) If after nine months in a placement, a participant has not been hired for an unsubsidized position, the placement shall be terminated, and the case worker shall reassess the participant's employment development contract.  Based on the assessment, the department may either reassign the participant to another on-the-job training assignment or refer the individual to another appropriate component of the program.

    (5) Aid to families with dependent children and food stamp benefits shall be suspended at the end of the calendar month in which an employer makes the first wage payment to a participant who is a custodial parent in a family that receives aid to families with dependent children.

    (6)(a) Employers shall pay all participating individuals at least the hourly rate of the Washington minimum wage.

    (b) Sick leave, holiday, and vacation absences shall conform to the individual employer's rules for new employees.

    (c) All persons participating in the Washington full employment act shall be considered to be temporary employees of the individual employer providing the work and shall be entitled only to benefits required by state or federal law.

    (d) Employers shall provide workers' compensation coverage for each Washington full employment act participant at a rate equal to the average of all their employees before participating in the full employment act program.  Full employment act workers' compensation claims shall not be used to calculate the employer's workers' compensation premium.  Any cost incurred by the workers' compensation program as a result of this subsection shall be absorbed by the workers' compensation program.

    (7) In the event that the net monthly full-time wage paid to a participant would be less than the level of income from the aid to families with dependent children program and the food stamp benefit amount equivalent that the participant would otherwise receive, the department shall determine and pay a supplemental payment as necessary to provide the participant with that level of net income.  The department by rule shall adopt an equivalency scale to be adjusted for household size and other factors.  The purpose of this equivalency scale is to ensure that participants are not economically disadvantaged, in terms of net income, by accepting a job under the pilot program.  The department shall determine and pay in advance supplemental payments to participants on a monthly basis as necessary to ensure equivalent net pilot program wages.  Participants shall be compensated only for time worked.

    (8) Pilot program participants who are eligible for federally and state-funded medical assistance at the time they enter the pilot program shall remain eligible as long as they continue to participate in the pilot program.  In conformity with existing state and federal employment-related child care program regulations, child day care shall be provided for all pilot program participants who require it.

    (9) Washington full employment act employers shall:

    (a) Endeavor to make Washington full employment act placements positive learning and training experiences;

    (b) Maintain health, safety, and working conditions at or above levels generally acceptable in the industry and no less than that of comparable jobs of the employer;

    (c) Provide on-the-job training to the degree necessary for the participants to perform their duties;

    (d) Recruit volunteer mentors from among their regular employees to assist the participants in becoming oriented to work and the workplace;

    (e) Be parties to an agreement between the department and the recipient for each placement outlining the specific job offered to the participant and agreeing to abide by all requirements of the pilot program, including the requirement that the pilot program not supplant existing jobs.  All agreements shall include provisions noting the employer's responsibility to repay reimbursements in the event the employer violates pilot program rules; and

    (f) Participate in the earned income tax credit program, assisting each recipient to obtain the earned income tax credit monthly.

    (10)(a) Pilot program participant wages shall be subject to federal tax, social security taxes, and unemployment insurance tax or reimbursement as applicable, which shall be withheld and paid in accordance with state and federal law.  Supplemental payments made pursuant to subsection (7) of this section, to the extent allowed by federal law, shall not be subject to federal income taxes and social security taxes.

    (b) Unemployment insurance rates for an employer participating in the full employment act program shall be based on the average for that employer before participation.  Full employment act unemployment claims shall not be used to calculate the employer's unemployment insurance tax.  Any cost incurred by the unemployment insurance program as a result of this subsection shall be absorbed by the unemployment insurance program.

    (11)(a) From the Washington full employment act special fund, the department shall reimburse employers with an amount up to the equivalent of the aid to families with dependent children grant plus food stamps.

    (b) If the department finds that an employer has violated any of the rules of the Washington full employment act, the department:

    (i) Shall withhold any amounts due to employers under (a) of this subsection;

    (ii) May seek repayment of any amounts paid to employers under (a) of this subsection.

NEW SECTION. Sec. 214.  The establishment of local Washington full employment act implementation boards shall occur within sixty days after the effective date of this section.

C.  JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM

    Sec. 215.  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 caretakers under chapter 74.12 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 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.

    Sec. 216.  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)) that conform to the criteria in federal law for mandatory program participation as well as establish 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)) The good cause 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.

(3) 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.

    (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.

NEW SECTION. Sec. 217.  A new section is added to chapter 74.25 RCW to read as follows:

    COMMUNITY SERVICE PROGRAM.  The recipient in a community service program shall locate a community service experience of at least one hundred hours per month 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.  Community service experience may include assisting with the provision of child care in any licensed child care setting.  Compliance shall be subject to random checks by the department.

PART III.  CONTRACTS FOR PERSONAL RESPONSIBILITY

NEW SECTION. Sec. 301.  A new section is added to chapter 74.12 RCW to read as follows:

    (1) A family receiving or applying for assistance under the aid to families with dependent children program is ineligible for continued or new assistance if the caretaker and the department have not entered into a contract satisfying the requirements of this section.  For purposes of chapter . . ., Laws of 1995 1st sp. sess. (this act) and of RCW 74.12.420, "caretaker" means the parent of the dependent child or children who is head of the household.  However, in situations where there are two parents in the household, "caretaker" means that parent who, as a parent, has received assistance under the program for the longest period.

    (2) The contract shall (a) be entered into by the department and caretaker on a form prescribed by the department; (b) contain a list of the available benefits to which the family is eligible, including referral to available community resources; (c) contain a summary of the responsibilities that the caretaker must exercise for receipt of such benefits, including high school completion or GED programs; (d) contain a statement of the rule in section 302 of this act limiting additional assistance for additional children; (e) contain a statement of the rules in section 303 of this act governing the duration of the contract; (f) contain a statement of the rules in RCW 74.12.420 governing long-term recipients; and (g) contain a statement of the rule in section 217 of this act relating to community volunteer programs.

    (3) The department shall assure provision of child care to participants who have contracted for welfare-to-work programs under chapter . . ., Laws of 1995 1st sp. sess. (this act), either by informal, family, or community arrangements or through payments to licensed child care providers.

    (4) Caretakers are not required to enter into a contract under this section so long as:

    (a) The caretaker is incapacitated or needed in the home to care for a member of the household who is incapacitated.  The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days.  Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

    (b) The caretaker is needed in the home to care for a child under age three.  This one-time exemption ends on the child's third birthday and does not apply to any subsequent children; or

    (c) The caretaker is a minor.

    (5) The department may adopt rules postponing the date by which any provision or provisions of subsections (1) and (2) of this section will apply to caretakers who have been approved for assistance before the effective date of this section.  However, such postponement may not be for longer than twelve months after the effective date of this section.

NEW SECTION. Sec. 302.  A new section is added to chapter 74.12 RCW to read as follows:

    If an additional child is born after ten months from the date on which an application is approved, the monthly benefit payment increase attributable to such child shall be limited to fifty percent of the full amount that would otherwise apply for that child.  The birth of subsequent additional children does not entitle the recipient to any additional financial assistance.

NEW SECTION. Sec. 303.  A new section is added to chapter 74.12 RCW to read as follows:

    Except as provided in this section, a contract entered into under section 301 of this act may not last beyond the end of the last day of the sixth calendar month following the month in which the contract was entered into.  Such contract may be reviewed, revised, and renewed for additional periods of six months if, for each renewal, the caretaker requests the renewal and the caretaker has complied with the contract, and if all eligibility requirements are satisfied.  The department shall notify the caretaker of the need to review, revise, and renew the contract before its expiration.  The department shall reduce aid to families with dependent children monthly benefit payment by thirty-three percent for each month in which the caretaker is found to be out of compliance with the contract.

    Sec. 304.  RCW 74.12.420 and 1994 c 299 s 9 are each amended to read as follows:

    ((The legislature recognizes that long-term recipients of aid to families with dependent children may require a period of several years to attain economic self-sufficiency.  To provide incentives for long-term recipients to leave public assistance and accept paid employment, the legislature finds that less punitive and onerous sanctions than those required by the federal government are appropriate.  The legislature finds that a ten percent reduction in grants for long-term recipients that may be replaced through earned income is a more positive approach than sanctions required by the federal government for long-term recipients who fail to comply with requirements of the job opportunities and basic skills program.  A long-term recipient shall not be subject to two simultaneous sanctions for failure to comply with the participation requirements of the job opportunities and basic skills program and for exceeding the length of stay provisions of this section.

    (1) After forty-eight monthly benefit payments in a sixty-month period, and after each additional twelve monthly benefit payments, the aid to families with dependent children monthly benefit payment shall be reduced by ten percent of the payment standard, except that after forty-eight monthly payments in a sixty-month period, full monthly benefit payments may be made if:))

(1) The number of monthly payments made to a caretaker under contracts entered into under chapter . . ., Laws of 1995 1st sp. sess. (this act) shall be limited to not more than forty-eight monthly payments in the sixty-month period beginning with the month in which the first payment was made under the first contract entered into between the caretaker and the department.

(2) In any month in which job search, or participation in the job opportunities and basic skills training program is not required, the caretaker shall engage in a community service program as defined in section 217 of this act as a condition of benefit receipt.

(3) Following the initial sixty-month period, the caretaker may receive an additional forty-eight monthly payments within a second sixty-month period, which shall begin with a six-month period of job interviews and self-determined job search.

(4) In the one hundred twenty-month period commencing with the caretaker's initial determination of eligibility, the caretaker may receive no more than twenty-four months of participation in the job opportunities and basic skills training program, the last six months of which may be devoted to job interviews and self-determined job search.

A monthly benefit payment shall not, as a result of this section, be counted, reduced, or eliminated for any month in which any of the following circumstances exists:

    (a) ((The person is incapacitated or is needed in the home to care for a member of the household who is incapacitated)) The caretaker is incapacitated by a certified temporary illness or disability expected to last thirty days as documented by a health care practitioner regulated by Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition, including temporary mental or physical disability occurring as a result of domestic violence against the caretaker;

    (b) The ((person)) caretaker is needed in the home to care for a child who is under three years of age;

    (c) There are no adults in the assistance unit;

    (d) ((The person is cooperating in the development and implementation of an employability plan while receiving aid to families with dependent children and no present full-time, part-time, or unpaid work experience job is offered; or

    (e) During a month in which a grant reduction would be imposed under this section, the person is participating in an unpaid work experience program)) The caretaker is needed in the home to care for a child born more than ten months from the date of application for a period of eight weeks after the birth; or

(e) The department determines that the caretaker has been unable to arrange for appropriate child care, after a reasonable effort to do so.

    (((2) For purposes of determining the amount of the food stamp benefit for recipients subject to benefit reductions provided for in subsection (1) of this section, countable income from the aid to families with dependent children program shall be set at the payment standard.

    (3))) (5) When a recipient is receiving a reduced monthly payment under subsection (1) of this section, any work earnings by the recipient shall not result in any additional reduction of the recipient's monthly payment.  However, this rule only applies to the extent that the combined earnings and monthly payment do not, during any month, exceed the payment standard.  For purposes of determining monthly benefit payments for two-parent aid to families with dependent children households, the length of stay criterion will be applied to the parent with the longer history of public assistance receipt.

NEW SECTION. Sec. 305.  A new section is added to chapter 74.12 RCW to read as follows:

    (1) The department of social and health services shall adopt rules to carry out the provisions of chapter . . ., Laws of 1995 1st sp. sess. (this act) and RCW 74.12.420 and to enforce contracts adopted under section 301 of this act.  However, it may not adopt such rules unless it has complied with subsections (2) and (3) of this section.

    (2) The joint legislative oversight committee, consisting of two members from each caucus of the house of representatives and two members from each caucus of the senate, is created.  Within sixty days after the effective date of this section, the department shall submit copies of its proposed rules under this section to the secretary of the senate and the chief clerk of the house of representatives for distribution to the joint committee.  The committee shall review the proposed rules and shall provide the department with its comments, if any, on the proposed rules.

    (3) When the committee comments on proposed rules, the committee shall give the department written notice of its findings and reasons therefor.

    (4) The joint legislative oversight committee shall study the extent to which minor parents receiving aid to families with dependent children may be victimized by males fathering children for whom they do not provide support.  The joint legislative oversight committee shall make recommendations to the appropriate committees of the legislature by December 1, 1995.  The department of social and health services shall cooperate with the study by providing information as requested, regarding the unmarried minor parents related to the aid to families with dependent children caseload, the extent to which aid to families with dependent children recipients in these circumstances receive ordered child support, and other information relevant to the subject of predatory nonsupport.

PART IV.  MINOR PARENT PROVISIONS

    Sec. 401.  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 including 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, this termination rule does not apply in the case of a stepparent provided an earlier termination date under this section.

    Sec. 402.  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, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care.  An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)).  It shall also include a living situation maintained by an agency that is licensed under chapter 74.15 RCW and that the department finds would provide an appropriate supportive living arrangement.  Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation.

    (2) ((An applicant 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)) A minor parent or pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, shall be presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut this presumption, 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)) unmarried minor as to an appropriate living situation for the ((teen)) minor and his or her children, whether in the parental home or other situation.  If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

    The department shall provide the parents ((shall have)) with or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home is the most appropriate living situation.  It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation.  This presumption is rebuttable.

    (4) In cases in which the ((head of household)) minor is under eighteen years of age, unmarried, and 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)) providing counseling.

NEW SECTION. Sec. 403.  A new section is added to chapter 74.12 RCW to read as follows:

    An unmarried minor and the minor's child or children 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 or children.

    Sec. 404.  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.

    Sec. 405.  RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:

    If the department, after investigation, finds that any applicant for assistance under this chapter or any recipient of funds under ((an aid to families with dependent children grant)) this chapter would not use, or is not utilizing, the grant adequately for the needs of ((the)) his or her child or children or would dissipate the grant or is ((otherwise)) dissipating such grant, or would be or is unable to manage adequately the funds paid on behalf of said child and that to provide or continue ((said)) payments to ((him)) the applicant or recipient would be contrary to the welfare of the child, the department may make such payments to another individual who is interested in or concerned with the welfare of such child and relative:  PROVIDED, That the department shall provide such counseling and other services as are available and necessary to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family.  Periodic review of each case shall be made by the department to determine if said relative is able to resume management of the assistance grant.  If after a reasonable period of time the payments to the relative cannot be resumed, the department may request the attorney general to file a petition in the superior court for the appointment of a guardian for the child or children.  Such petition shall set forth the facts warranting such appointment.  Notice of the hearing on such petition shall be served upon the recipient and the department not less than ten days before the date set for such hearing.  Such petition may be filed with the clerk of superior court and all process issued and served without payment of costs.  If upon the hearing of such petition the court is satisfied that it is for the best interest of the child or children, and all parties concerned, that a guardian be appointed, he shall order the appointment, and may require the guardian to render to the court a detailed itemized account of expenditures of such assistance payments at such time as the court may deem advisable.

    It is the intention of this section that the guardianship herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance grants made to dependent children.  Such guardianship shall terminate upon the termination of such assistance grant, or sooner on order of the court, upon good cause shown.

PART V.  CHILD SUPPORT ENHANCEMENT

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 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.

    (2) 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 except as provided in subsection (3) of this section.  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 certified mail, return receipt requested, or by personal service.

    (3) The department shall not issue a notice of noncompliance with a child support order under this section when the department can withhold the responsible parent's earnings under RCW 26.23.060 in an amount sufficient to ensure the payment of current support and a reasonable amount towards arrears.

    (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 (2) 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 (2) 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 regular mail 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 (2) 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, 1996, 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 1995 1st sp. sess. (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 1995 1st sp. sess. (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.

    Sec. 504.  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.

    (((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. 505.  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, 1996, 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. 506.  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. 507.  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.  If a driver's license is suspended under chapter 74.20A RCW, the motor vehicle record for the suspended driver shall include a notation that explains the reason for the suspension.  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.--- or 46.61.--- (section 3 or 5, chapter 332, Laws of 1995); (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. 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.

NEW SECTION. Sec. 539.  A new section is added to chapter 74.20A RCW to read as follows:

    In order to be eligible for aid to families with dependent children, applicants must, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn, unless the applicant meets federal criteria for refusing such identification.

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.

PART VI.  WELFARE EVALUATION AND EFFECTIVENESS STUDIES

NEW SECTION. Sec. 601.  A new section is added to chapter 44.28 RCW to read as follows:

    (1) The legislative budget committee shall conduct an evaluation of the effectiveness of the programs described in chapter . . ., Laws of 1995 1st sp. sess. (this act).  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.  It may include, but not be limited to:

    (a) The costs and effectiveness of the programs;

    (b) The extent to which work and job training opportunities have led to employment outcomes and economic independence;

    (c) An analysis of aid to families with dependent children outcomes, including grant amounts and program exits, for clients; and

    (d) An audit of performance-based contracts to providers offering job opportunities and basic skills training program services.

    (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, 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 evaluation.

    (3) Additional data may be collected directly from clients if not available from administrative records.

    (4) The legislative budget committee may convene an evaluation advisory group to assist in the study process.  It may contract for services necessary to accomplish the purposes of this section.

    (5) The legislative budget committee shall present an evaluation plan to the legislature after consultation with the federal government on the design of the evaluation.

    (6) The legislative budget committee shall submit annual reports to the legislature, beginning in December 1997, with a final report due in December 2001, unless an earlier date is recommended by the committee.

PART VII.  CHILD CARE ZONING

NEW SECTION. Sec. 701.  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 that 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.

    This section shall not 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. 702.  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 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. 703.  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 may 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.

NEW SECTION. Sec. 704.  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; and

(2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3.

PART VIII.  MISCELLANEOUS

NEW SECTION. Sec. 801.  A new section is added to chapter 74.12 RCW to read as follows:

    When the caretaker is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the caretaker's twelve-month transitional benefit period for child care, to the extent resources are available, the department shall provide additional transitional child care for up to an additional twelve months, to individuals who have obtained employment.

NEW SECTION. Sec. 802.  A new section is added to chapter 74.12 RCW to read as follows:

    When the caretaker is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the caretaker's twelve-month transitional benefit period for medical assistance payments, the department shall enroll the caretaker in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the caretaker's premium, and enroll the caretaker's eligible children in medical assistance.  Regardless of the caretaker's earned income, state payment of the unsubsidized portion of the caretaker's premium shall terminate after twelve months.

    Sec. 803.  RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:

    For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:

    (1) "Public assistance" or "assistance"CPublic aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.

    (2) "Department"CThe department of social and health services.

    (3) "County or local office"CThe administrative office for one or more counties or designated service areas.

    (4) "Director" or "secretary" means the secretary of social and health services.

    (5) "Federal-aid assistance"CThe specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.

    (6)(a) "General assistance"CAid to persons in need who:

    (i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;

    (ii) Meet one of the following conditions:

    (A) Pregnant:  PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program:  PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; or

    (B) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department.

    (C) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance.  Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW.  Referrals shall be made at the time of application or at the time of eligibility review.  Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW.  Subsection (6)(a)(ii)(B) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;

    (iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and

    (iv) Have furnished the department their social security account number.  If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.

    (b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:

    (i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or

    (ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances.  The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.

    (c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse.  Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:

    (i) First failure:  One week;

    (ii) Second failure within six months:  One month;

    (iii) Third and subsequent failure within one year:  Two months.

    (d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits.  Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.

    (e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.

    (f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.

    (g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation.  Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls.  Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.

    (7) "Applicant"CAny person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.

    (8) "Recipient"CAny person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.

    (9) "Standards of assistance"CThe level of income required by an applicant or recipient to maintain a level of living specified by the department.

    (10) "Resource"CAny asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent:  PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.

    (a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant.  Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment:  PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.

    (b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.

    (c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed ((one)) three thousand ((five hundred)) dollars.

    (d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance.  The department shall also allow recipients of aid to families with dependent children to exempt savings accounts with combined balances of up to an additional two thousand five hundred dollars.

    (e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.

    (f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that:  (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property:  PROVIDED, That:

    (A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;

    (B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;

    (C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and

    (D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.

    (11) "Income"C(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance.  The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance.  In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements.  The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements.  In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements.  All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.

    (b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.

    (12) "Need"CThe difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.

    (13) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100‑383, including all income and resources derived therefrom.

    (14) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.

NEW SECTION. Sec. 804.  Sections 201 through 203 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 805.  Sections 204 through 206 of this act shall constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 806.  Sections 207 through 214 of this act are each added to chapter 74.25 RCW.

NEW SECTION. Sec. 807.  (1) This section shall become effective ninety consecutive days after adjournment of the session at which this act is enacted, the constitutionally prescribed effective date.

    (2) Within one hundred twenty consecutive days after adjournment of the session at which this act is enacted, the governor, with the advice of the attorney general, shall determine which, if any, provisions of this act probably would be found to "conflict with federal requirements" under section 808 of this act.  Within one hundred fifty consecutive days after adjournment of the session at which this act is enacted, the governor shall formally request the appropriate federal entities or officials to take whatever federal government action (such as an exemption, waiver, amendment, or other form of law or policy change) that is necessary for the provision or provisions not to conflict with such federal requirements.

    (3) Any provision of this act that requires federal government action in order to avoid a "conflict with federal requirements" under section 808 of this act shall become effective on the thirtieth consecutive day following the effective date of the action.  The rule in this subsection applies to any action eliminating the conflict, regardless of whether the action is requested under subsection (2) of this section.

    (4) The provisions of this act that do not require federal action in order to avoid a "conflict with federal requirements" under section 808 of this act shall become effective on the one hundred fiftieth consecutive day after adjournment of the session at which this act is enacted.

    (5) Those provisions of section 301 of this act not requiring federal action in order to avoid a "conflict with federal requirements" shall become effective on such one hundred fiftieth consecutive day even though other provisions of section 301 of this act will require federal action to become effective.

    (6) The governor may delegate any of the governor's duties under this section to the secretary of the department of social and health services.

NEW SECTION. Sec. 808.  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.  This term "allocation of federal funds to the state" means the allocation of federal funds that are appropriated by the legislature to the department of social and health services and on which the department depends for carrying out any provision of the operating budget applicable to it.

NEW SECTION. Sec. 809.  The governor shall report quarterly to the appropriate committees in the house of representatives and senate on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.

NEW SECTION. Sec. 810.  The table of contents, part headings, subheadings, and captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 811.  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."

E2SSB 6062 - S AMD - 439

By Senators Quigley and Wood

    On page 1,  line 1 of the title, after "work;" strike the remainder of the title and insert "amending RCW 74.25.010, 74.25.020, 74.12.420, 26.16.205, 74.12.255, 13.34.160, 74.12.250, 74.20A.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, and 36.70A.450; reenacting and amending RCW 74.04.005; adding new sections to chapter 74.25 RCW; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A 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 44.28 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 74.15 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; and repealing RCW 74.08.120 and 74.08.125."

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