S-3048.2          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 6062

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Quigley, Moyer, Fairley, Wood, Wojahn and Winsley)

 

Read first time 03/31/95.

 

Making welfare work.



     AN ACT Relating to making welfare work; amending RCW 74.12.255, 74.25.010, 75.25.020, 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, 18.130.150, 18.160.080, 43.20A.205, 43.70.115, 36.70A.450, 35.63.185, 35A.63.215, and 74.15.020; reenacting and amending RCW 18.130.050; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.25 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 26.18 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 74.15 RCW; adding new sections to chapter 44.28 RCW; adding a new section to chapter 74.04 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, 74.12.420, and 74.12.425; prescribing penalties; making an appropriation; providing an effective date; providing a contingent expiration date; and declaring an emergency.

 

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

 

                                MAKING WELFARE WORK

                                 TABLE OF CONTENTS

PART I.  TARGET GROUPS.........................................................   3

A.  JOB-READY TARGET GROUP.....................................................   3

B.  JOB PREPARATION TARGET GROUP...............................................   4

C.  TEEN PARENT TARGET GROUP...................................................   5

D.  DISABLED PARENT TARGET GROUP...............................................   6

 

PART II.  WELFARE-TO-WORK PROGRAMS.............................................   7

A.  GENERAL REQUIREMENTS AND MANDATORY JOBS....................................   7

B.  TAX INCENTIVE PROGRAM...................................................... 12

C.  FULL EMPLOYMENT ACT........................................................ 16

D.  COMMUNITY SERVICE.......................................................... 22

 

PART III.  TEEN PARENT PROGRAM................................................. 23

 

PART IV.  REQUIREMENTS AND RESPONSIBILITIES.................................... 24

 

PART V.  CHILD SUPPORT ENHANCEMENT............................................. 25

A.  LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT........................ 25

B.  PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM................................ 53

C.  AFDC-RELATED GROUP HOME AND CHILD CARE ZONING.............................. 54

 

PART VI.  WELFARE-TO-WORK EFFECTIVENESS STUDIES................................ 60

 

PART VII.  RENT VOUCHERS....................................................... 63

 

PART VIII.  MISCELLANEOUS...................................................... 64

 

 

 

     NEW SECTION.  Sec. 1.  INTENT.  The legislature finds that it is important for the well-being of society, and for the families receiving public assistance, that the provision of welfare from the public treasury reflect the values of mainstream American culture, specifically the importance of work, responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

     Therefore, it is the public policy of the state of Washington, through its public assistance or applicant for assistance programs, to require every able-bodied citizen on public assistance or applicant for assistance to engage in paid or unpaid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.

 

                              PART I.  TARGET GROUPS

 

     NEW SECTION.  Sec. 101.  A new section is added to chapter 74.12 RCW to read as follows:

     TARGET GROUP CONTRACTS.  The department shall assess each applicant, and, within twelve months of the effective date of this section, all recipients based upon educational level, age, employment history, and condition of disability, and shall target assistance based upon factors set forth in chapter . . ., Laws of 1995 (this act).  The department shall include, as part of the information required of the individual assessed, an inquiry regarding the highest grade completed, including attainment of a GED, and the number of hours of paid employment performed in the twelve months before applying for assistance.  The department shall use this information in order to select the appropriate target group for the individual assessed.

 

                            A.  JOB-READY TARGET GROUP

 

     NEW SECTION.  Sec. 102.  A new section is added to chapter 74.12 RCW to read as follows:

     JOB-READY TARGET GROUP.  All applicants and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older, have completed high school or a GED, have worked a minimum of five hundred hours within the twelve months preceding application, and are not in need of alcohol abuse or substance abuse treatment, shall be entitled to grant assistance if they engage in intensive job search, and be given referrals to appropriate state and local job search resources.  Recipients in this target group shall inform the department when they become employed, and shall be eligible for a limited period of transitional child care and medical benefits.  They shall not be eligible for participation in welfare-to-work pilot projects.  It is the intent of the legislature to refrain from excess expenditures on this group of public assistance recipients, as studies have demonstrated that job-ready individuals leave public assistance programs quickly with minimal public help.  Any recipients in this group who do not have paid employment within six months of beginning to receive benefits shall contract for participation in the job preparation target group as a condition of continued benefit receipt.

 

                         B.  JOB PREPARATION TARGET GROUP

 

     NEW SECTION.  Sec. 103.  A new section is added to chapter 74.12 RCW to read as follows:

     JOB PREPARATION TARGET GROUP.  All applicants and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or the disabled parent target group shall contract with the department for participation in at least one of the alternate welfare-to-work programs provided for the job preparation target group.  This group shall be required, as a condition of benefit receipt, to enroll in at least one of the following:

     (1) A pilot program of the Washington full employment act under sections 210 through 217 of this act;

     (2) The tax incentive partnership program under chapters 74.-- and 82.-- RCW (sections 207 through 209 and 204 through 206 of this act, respectively);

     (3) Any available public or approved private welfare-to-work program, under contract with the department;

     (4) The job opportunities and basic skills training program;

     (5) An approved local government welfare-to-work program; or

     (6) An approved county welfare-to-work program.  The department shall contract with counties not participating in the full employment act pilot program that desire to establish their own job opportunities and basic skills training program.  Such programs must comply with the job opportunities and basic skills training program requirements as set forth in this chapter and chapter 74.25 RCW.  Counties must be able to demonstrate welfare recipients are successfully placed in paid employment at the same rate as recipients state-wide, at a minimum, over a period not less than four years.  The department shall adopt only such rules as are necessary to determine whether county job opportunities and basic skills training programs comply with applicable state and federal laws.

 

                           C.  TEEN PARENT TARGET GROUP

 

     NEW SECTION.  Sec. 104.  A new section is added to chapter 74.12 RCW to read as follows:

     TEEN PARENT TARGET GROUP.  All applicants under the age of eighteen years and, within twelve months of the effective date of this section, all recipients who are under the age of eighteen and are unmarried shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED, and live in a supervised setting, as provided in RCW 74.12.255 or section 301 of this act.

 

     Sec. 105.  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, and within twelve months of the effective date of this section in consultation with the recipient, the most appropriate living situation for ((applicants)) those under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's or recipient's care.  Appropriate living ((situations shall include a)) situation means the place of residence maintained by the applicant's, and within twelve months of the effective date of this section, the recipient's parent, legal guardian, or other adult relative as their own home, or ((other)) if the department determines that living situation to be unsafe, another appropriate supportive living arrangement supervised by an adult ((where feasible)), with first preference to an approved group home where available, and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.

     (2) An applicant, and within twelve months of the effective date of this section, a recipient, under eighteen years of age who is either pregnant or has a dependent child ((and is not living in a situation described in subsection (1) of this section)) shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and((, unless the teenage custodial parent demonstrates otherwise,)) shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

     (3) The department shall consider any statements or opinions by either parent of the teen ((recipient)) as to an appropriate living situation for the teen, whether in the parental home or other situation.  If the parents of the teen ((head of household applicant for assistance)) request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen ((applicant for assistance)).

     The parents of the teen shall have the opportunity to make a showing, based on the preponderance of the evidence, that ((the parental)) their home is the most appropriate living situation.

     (4) To encourage adoption, in cases in which the ((head of household)) teen parent is under eighteen years of age((,)) and unmarried, ((unemployed, and requests information on adoption,)) the department shall((, as part of the determination of the appropriate living situation,)) provide information about adoption including referral to community-based organizations for counseling.

     (5) As a condition of receiving public assistance, an unmarried applicant and, within twelve months of the effective date of this section, an unmarried recipient under the age of eighteen shall be required to reside in an appropriate living situation as determined according to this section and to actively progress toward a high school diploma or a GED unless certified by a health care provider licensed under chapter 18.71 or 18.83 RCW to be unable to complete such education, whereupon the department shall facilitate his or her application for supplemental security income.

 

                         D.  DISABLED PARENT TARGET GROUP

 

     NEW SECTION.  Sec. 106.  A new section is added to chapter 74.12 RCW to read as follows:

     DISABLED PARENT TARGET GROUP.  The department shall, in accordance with RCW 74.12.361, assess all recipients and applicants for assistance to determine which of them may be eligible for federal supplemental security income.  Upon identification of individuals who are likely to qualify for supplemental security income, the department shall assist and facilitate their application for such income, and shall provide other assistance for which the applicant or recipient qualifies until payment of supplemental security income begins.  Head of household applicants or recipients who are placed on this supplemental security income diversion track shall not, during the term of their facilitated application for supplemental security income, be required to participate in any of the target groups under sections 102 through 104 of this act.

     In the event that supplemental security income is denied to a head of household, that head of household shall be assigned to the job preparation target group or other appropriate job placement as a condition of continued benefit receipt.

 

                        PART II.  WELFARE-TO-WORK PROGRAMS

 

                    A.  GENERAL REQUIREMENTS AND MANDATORY JOBS

 

     Sec. 201.  RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

     The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of public assistance, through employment, training, and education.  In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children.  ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist recipients under chapter 74.04 RCW to obtain employment.  The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

     (1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient.  It is in this way that the material needs of children can best be met.  The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency.  ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

     (2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program.  The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) a requirement of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants.  The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

     (3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

     (4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.

     (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

     (6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is through employment.  Employment opportunities must be increased through public-private partnerships.  The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop financial incentives for employers to hire recipients.

     (7) All participants in the job opportunities and basic skills training program, including those participants in the full employment act, shall, within thirty days of application for aid to families with dependent children, sign a written employment development contract of mutual responsibility with the department, or be ineligible for financial assistance from the department until the contract which shall be developed with the full involvement of the participant, is signed.

     (a) The contract shall set forth the responsibilities of and expectations for the program participants and responsibilities and obligation of the department, including services to be provided to the participating family.  The contract shall identify specific employment, training, education, community volunteer experiences, including participation in the community volunteer program set forth in section 218 of this act, or support activities that will direct a participant toward gainful employment and eventually self-sufficiency.  The contract shall be in a format developed for state-wide use and shall clearly state each of the requirements and responsibilities set forth in section 401 of this act.

     (b) The department shall review the employment development contract of mutual responsibility every six months and assess the participant's progress.  Except for sanctions in situations specified in section 401 of this act, the department shall reduce aid to families with dependent children benefits by thirty-three percent every month for which the recipient is found to be out of compliance with the contract.

     (c) The department may require persons to obtain substance abuse or alcohol abuse treatment before referral for employment.  Unwillingness to cooperate with treatment is deemed noncompliance with the job opportunities and basic skills training program.

 

     Sec. 202.  RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

     (1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program.  The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program.  No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

     (2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

     (3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment.  These criteria shall include, but not be limited to, the following circumstances:  (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

     (4))) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

 

     NEW SECTION.  Sec. 203.  (1) In administering the job opportunities and basic skills training program, the department shall ensure that delivery and coordination of all services are provided through intensive case management.  All program participants shall be referred to a case manager.  The case manager shall fully explain the program to the participant, shall provide the participant with written materials explaining the program, and shall assist in developing the employment development contract of mutual responsibility.

     (2) Each program participant shall sign a written employment development contract of mutual responsibility for up to two years duration, consistent with the participant's program.  The contract shall be developed with the approval of the department and in accordance with RCW 74.25.010.

     (3) The secretary, assisted by the director of community, trade, and economic development, the commissioner of employment security, and the higher education coordinating board, shall prepare and maintain an annual plan for coordinating and integrating all appropriate services in order to promote successful outcomes.  The plan shall encourage the use of local and regional public and nonprofit service providers and permit a variety of methods of providing services.  Emphasis shall be placed on coordinating and integrating career counseling, job development, job training and skills, job placement, the child care partnership under RCW 74.13.0901, the child care partnership employer liaison under RCW 74.13.0902, and academic and technical education.  Public and private institutions of higher education and other agencies that offer similar or related services shall be invited to participate as fully as possible in developing, implementing, and updating the annual coordination plan.

     (4) The secretary shall:

     (a) Increase public awareness of the federal earned income credit and assist families who may be eligible to apply for and receive this tax credit monthly;

     (b) Coordinate with employers to make employee reimbursement accounts available to help employees with child care costs;

     (c) Develop and pursue aggressive child-support initiatives as established by the legislature and department, including contracting with private collection agencies;

     (d) Work with community providers to develop adoption, education, family planning, parenting, and training options for program participants; and

     (e) Provide technical assistance to local departments of social services to assist them in working with local nonprofit community action agencies and nonprofit community organizations with experience in job training for public assistance recipients in the community to develop job and community work experience opportunities for participants.

 

                             B.  TAX INCENTIVE PROGRAM

 

     NEW SECTION.  Sec. 204.  (1) An employer shall be allowed a credit against tax due under chapter 82.04 or 82.16 RCW of an amount equal to one hundred twenty percent of the payment made by the employer, to a qualified training institution under a training plan for training a qualified employee, subject to the limitations set forth in this section.  An employer may not receive a credit for the same amounts under both chapters 82.04 and 82.16 RCW.

     (2) A person claiming the credit shall file an affidavit form prescribed by the department, which shall include the amount of the credit claimed and additional information as the department may require.

     (3)(a) The tax credit in respect to any qualified employee may not in a calendar year exceed:

     (i) The lesser of twelve percent of the qualified employee's gross annual wages or one thousand two hundred dollars in the case of a category 1 qualified employee;

     (ii) The lesser of twenty-four percent of the qualified employee's gross annual wages or two thousand four hundred dollars, in the case of a category 2 qualified employee; or

     (iii) The lesser of thirty-six percent of the qualified employee's gross annual wages or three thousand six hundred dollars in the case of a category 3 qualified employee.

     (b) The department of revenue shall, by December 1, 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 fifteen million dollars in any biennium.

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

 

     NEW SECTION.  Sec. 205.  The definitions in this section apply throughout this chapter and sections 207 through 209 of this act, unless the context indicates otherwise.

     (1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee paid by an employer claiming the credit under this section during the calendar year for which the credit is claimed.

     (2) "Qualified employee" and "category 1, 2, or 3 qualified employee" means an applicant for or recipient of aid to families with dependent children certified as such by the department of social and health services who is hired before June 30, 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. 206.  Chapter 82.32 RCW applies to the administration of this chapter.

 

     NEW SECTION.  Sec. 207.  (1) The tax incentive program is hereby established.  The department of social and health services is authorized to enter into training plans.  The department of social and health services shall adopt rules for the tax incentive program.  The rules shall include, but are not limited to:

     (a) Designation of three categories of eligible aid to families with dependent children recipients from within the job preparation target group in chapter 74.12 RCW.  The department of social and health services shall by rule establish criteria for assigning recipients into categories 1, 2, and 3.  In establishing the criteria, the department shall consider the degree of work experience, training, wage and employment history, and education, category 1 representing recipients with the highest degree of job readiness.

     (b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants.

     (c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employers' employees may participate in the program, except businesses with fewer than five employees may have one employee participate.

     (d) A requirement that the employer participate in the earned income tax credit program.

     (e) Standards regarding length and learning objectives of training plans, requiring the training institution to design the plan length and learning objectives so that it meets accepted training standards for that industry or profession.  Training plans may not exceed two years.

     (2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this chapter.  The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.

     (3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits under sections 204 through 206 of this act does not exceed fifteen million dollars in any biennium.  The department shall enter into contracts with employers on a first-come, first-serve basis.  The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in such amount exceeding fifteen million dollars during a biennium.

     (4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent available under section 204(1) of this act shall be given priority in selection and placement of qualified employees.

 

     NEW SECTION.  Sec. 208.  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. 209.  (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 (this act) is terminated before June 30, 2000, persons eligible for tax credits at the time of program termination under sections 204 through 206 of this act shall receive such credits, subject to the limitations in section 204(7) of this act.

 

                              C.  FULL EMPLOYMENT ACT

 

     NEW SECTION.  Sec. 210.  Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 210 through 217 of this act.

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

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

     (3) "Pilot program" or "program" means the Washington full employment act pilot program established in section 211 of this act.

     (4) "Washington full employment act" means the Washington full employment pilot program established in section 211 of this act.

 

     NEW SECTION.  Sec. 211.  (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 public assistance.

 

     NEW SECTION.  Sec. 212.  PILOT COUNTIES.  The Washington full employment act shall be piloted in four locations, to be chosen by the department based upon the following criteria:  One in an urban county of eastern Washington, one in an urban county of western Washington, one in a rural county of eastern Washington, and one in a rural 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. 213.  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 public assistance.  Such contracts shall be performance and outcome based.

 

     NEW SECTION.  Sec. 214.  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. 215.  (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. 216.  (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.

     (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) Sign 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) Coordinate with the department and the recipient to complete all necessary paperwork to receive earned income tax credit monthly.

     (10) 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.

     (11)(a) The department shall reimburse employers for the employer share of social security, unemployment insurance, and workers' compensation premiums paid on behalf of pilot program participants, as well as the minimum wage earnings paid to pilot program participants by the employer from the Washington full employment act special fund.

     (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. 217.  The establishment of local Washington full employment act implementation boards shall occur within sixty days after the effective date of this section.

 

                               D.  COMMUNITY SERVICE

 

     NEW SECTION.  Sec. 218.  A new section is added to chapter 74.12 RCW to read as follows:

     COMMUNITY VOLUNTEER PROGRAM.  The recipient in a community volunteer program shall locate a community volunteer experience with any willing public or private organization and provide documentation to the department of his or her participation on forms established in rule by the department and signed by the recipient under penalty of perjury.  Compliance shall be subject to random checks by the department.

 

                          PART III.  TEEN PARENT PROGRAM

 

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

     TEEN GROUP HOMES.  (1) The department shall contract with public or private providers to establish teen group homes as an alternative living situation for recipients under eighteen years of age who cannot safely live with their parent or parents.  The department shall contact the appropriate local prosecutor to pursue any appropriate charges upon a determination that the parental home is unsafe for the teen.

     (2) In teen group homes, the cash grant for each resident teen parent's assistance unit, as well as the food stamp allocation and any other portion of any public assistance benefit accruing to the teen recipient shall be pooled, and under the control of the home administrator, for the benefit of the teen parents and their children, and shall not be given directly to the teen parent.

     (3) Each teen parent living in the teen group home shall be given the following case-managed services:  Parenting education, maternal and child nutritional education, tutoring to aid in the completion of high school or a GED, money management, anger management, and substance abuse treatment, including treatment for tobacco addiction, where appropriate.

     (4) Teen parents living in teen group homes shall, as a condition of receiving benefits, progress toward completion of educational requirements, help with household tasks at the home, attend and participate in instruction provided for teen parents in residence, and abide by house rules.

     (5) House rules shall be established by each teen group home, and may include a requirement that no unsupervised male visitors be allowed, that a curfew be established, and that an equitable system of shared child care responsibilities be provided to accommodate school and work attendance for teen parents.

     (6) The department shall assure the teen parent and dependents in his or her assistance unit of the following:  Adequate housing and nutrition, medical care, tutoring for completion of educational requirements, and at least the minimal additional instruction and case-managed care as provided for in this section.

 

                    PART IV.  REQUIREMENTS AND RESPONSIBILITIES

 

     NEW SECTION.  Sec. 401.  A new section is added to chapter 74.12 RCW to read as follows:

     (1) At the end of a recipient's welfare-to-work program, which shall not exceed two years, the recipient shall engage in a job search of up to six months.  At the end of this job search period, grant assistance shall be reduced by twenty percent every six months.

     (a) Time limits shall be tolled in the event of:

     (i) A medically certified temporary illness or disability of the recipient, including temporary mental or physical disability occuring as a result of domestic violence against the recipient;

     (ii) The unavailability of appropriate care for a chronically ill or disabled family member living in the home of the recipient; or

     (iii) If child care is not available for a period of time.

     (b) Recipients in need of substance abuse or alcohol abuse treatment shall contract with the department for referral to an appropriate program and shall comply with the requirements of the program as a condition of continued benefit receipt.

     (c) A recipient may extend full benefits including child care and medical assistance for a period of an additional two years by participating at least one hundred hours per month in the community volunteer work program under section 218 of this act.

     (2) Except where otherwise specified, persons receiving public assistance shall be exempt from participation in a job-ready or job preparation target group or a welfare-to-work program:

     (a) If there is a child under three years of age within ten months of application, living in the home;

     (b) For a period of twelve weeks after the birth of any child born more than ten months from the date of application; or

     (c) If the recipient is a caretaker of a dependent child and is disabled.

     (3) If an additional child is born after ten months from the date of application, the benefit increase shall be limited to fifty percent of the full amount for that child.  The birth of subsequent additional children does not entitle the recipient to any additional financial assistance.

     (4) The department, working with the department of revenue, shall encourage employers of recipients to use a month-to-month pass through of the federal earned income tax credit.  The department shall facilitate application for such tax credit in all cases where recipients report earned income.

     (5) To the extent that resources are available, the department shall provide transitional child care for up to twenty-four months to individuals who have completed their welfare-to-work program or obtained employment.

     (6) The department has the responsibility of supplying child care to participants who have contracted for welfare-to-work or other programs under chapter . . ., Laws of 1995 (this act).

     (7) If necessary federal approval is obtained to implement this subsection, when the participant is no longer eligible for a cash grant due to increased earnings through employment, the department shall enroll the participant in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the participant's premium, and enroll the participant's eligible children in medicaid.

     (8) The department shall seek any waivers needed from the federal government to implement this section.

 

                        PART V.  CHILD SUPPORT ENHANCEMENT

              A.  LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT

 

     NEW SECTION.  Sec. 501.  The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support.  In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments.  With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears.

     In 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.  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 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.

     (4) 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.

     (5) 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.

     (6) 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.

     (7) 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.

     (8) 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.

     (9) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (8) 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.

     (10) 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.

     (11) The department may adopt rules to implement and enforce the requirements of this section.

     (12) 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.

     (13) 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 (10) 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 (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 (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 1994 c 275 s 27 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, 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.  Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services stating that the person is in compliance with the order.  The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.  If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, 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 46.20.308 or 46.61.5052, 46.61.5053, or 46.20.365; (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 or is the result of administrative action under RCW 46.20.365, the reissue fee shall be fifty dollars.  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 48.22 RCW to read as follows:

     A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW.

 

     NEW SECTION.  Sec. 509.  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. 510.  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. 511.  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. 512.  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. 513.  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. 514.  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. 515.  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. 516.  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. 517.  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. 518.  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. 519.  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. 520.  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. 521.  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. 522.  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. 523.  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. 524.  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. 525.  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. 526.  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. 527.  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. 528.  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. 529.  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. 530.  RCW 18.130.050 and 1993 c 367 s 21 and 1993 c 367 s 5 are each reenacted and 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 the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings.  However, the disciplining authority shall make the final decision regarding disposition of the license;

     (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. 531.  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. 532.  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. 533.  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. 534.  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. 535.  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. 536.  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. 537.  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. 538.  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. 539.  RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

     This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

     (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent.  The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent.  The notice shall state the reasons for the action.  The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

     (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

     (a) The department may make the date the action is effective later than twenty-eight days after receipt.  If the department does so, it shall state the effective date in the written notice given the licensee or agent.

     (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare.  When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

     (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

     (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding.  The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.  The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

     (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered.  The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

     (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice.  The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

 

     Sec. 540.  RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

     This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.  This section does not govern actions taken under chapter 18.130 RCW.

     (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent.  The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent.  The notice shall state the reasons for the action.  The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

     (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

     (a) The department may make the date the action is effective later than twenty-eight days after receipt.  If the department does so, it shall state the effective date in the written notice given the licensee or agent.

     (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare.  When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

     (c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

     (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding.  The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.  The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

     (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered.  The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

     (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice.  The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

 

                  B.  PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM

 

     NEW SECTION.  Sec. 541.  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.

 

                 C.  AFDC-RELATED GROUP HOME AND CHILD CARE ZONING

 

     NEW SECTION.  Sec. 542.  A new section is added to chapter 36.70 RCW to read as follows:

     No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as an AFDC-related group home or 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 or an AFDC-related group home and who work a nonstandard work shift.

     A county may also require that the AFDC-related group home or 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 or AFDC-related group home over licensing requirements, the licensor may provide a forum to resolve the dispute.

     Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of an AFDC-related group home or 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" and "AFDC-related group home" are each as defined in RCW 74.15.020.  The number of AFDC-related group homes may be limited.

 

     Sec. 543.  RCW 36.70A.450 and 1994 c 273 s 17 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 or as an AFDC-related group home.

     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 state ((department of licensing)) department of social and health services as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care or an AFDC-related group home and who work a nonstandard work shift.

     A city or county may also require that the family day-care provider or AFDC-related group home, 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 AFDC-related group home or 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 or AFDC-related group 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)) and "AFDC-related group home" are each as defined in RCW 74.15.020.

 

     Sec. 544.  RCW 35.63.185 and 1994 c 273 s 14 are each amended to read as follows:

     No city 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 an AFDC-related group home or a family day-care provider's home facility.

     A city 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 department of licensing)) department of social and health services as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care or an AFDC-related group home and who work a nonstandard work shift.

     A city may also require that the family day-care provider or AFDC-related group home, 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 or AFDC-related group home over licensing requirements, the licensor may provide a forum to resolve the dispute.

     Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home or an AFDC-related group 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)) and "AFDC-related group home" are each as defined in RCW 74.15.020.

 

     Sec. 545.  RCW 35A.63.215 and 1994 c 273 s 16 are each amended to read as follows:

     No city 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 or as an AFDC-related group home.

     A city 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 department of licensing)) department of social and health services as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care or as an AFDC-related group home and who work a nonstandard work shift.

     A city may also require that the family day-care provider or AFDC-related group home, 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 or AFDC-related group home over licensing requirements, the licensor may provide a forum to resolve the dispute.

     Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of an AFDC-related group home or 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)) or "AFDC-related group home" are each as defined in RCW 74.15.020.  The number of AFDC-related group homes may be limited.

 

     Sec. 546.  RCW 74.15.020 and 1994 c 273 s 21 are each amended to read as follows:

     For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

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

     (2) "Secretary" means the secretary of social and health services;

     (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

     (a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

     (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

     (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

     (d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

     (e) "Family day-care provider" means a licensed day-care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters;

     (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

     (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036((.));

     (h) "AFDC-related teen parent home" or "AFDC-related group home" means an agency that provides care for teen mothers on public assistance with their children;

     (4) "Agency" shall not include the following:

     (a) Persons related by blood or marriage to the child, expectant mother, or persons with developmental disabilities in the following degrees:  Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;

     (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

     (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;

     (d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors;

     (e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

     (f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

     (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

     (h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

     (i) Licensed physicians or lawyers;

     (j) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

     (k) Facilities approved and certified under chapter 71A.22 RCW;

     (l) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

     (m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

     (n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

     (o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter((.));

     (5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency.

 

     NEW SECTION.  Sec. 547.  A new section is added to chapter 74.15 RCW to read as follows:

     (1) A family day-care provider's home or AFDC-related group home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.  No town, city, or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility, or as an AFDC-related group home.

     (2) A town, city, or county may impose zoning conditions on the establishment and maintenance of a family day-care provider's home or an AFDC-related group home in an area zoned for residential or commercial use, provided that such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

 

                  PART VI.  WELFARE-TO-WORK EFFECTIVENESS STUDIES

 

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

     JOBS STUDY.  The legislative budget committee shall conduct an evaluation of the effectiveness of the welfare-to-work programs, including the tax incentive program, any contracted county job opportunities and basic skills training program, under chapter 82.-- RCW (sections 204 through 206 of this act), and the job opportunities and basic skills (JOBS) training program in assisting clients to become employed and to reduce their use of aid to families with dependent children.  The study shall include but not be limited to the following:

     (1) A random assignment of job opportunities and basic skills training program clients to public agencies and private contractors to assess the effectiveness of job opportunities and basic skills training program services provided by public and private contractors;

     (2) An assessment of employment outcomes (hourly wages, hours worked, and total earnings) for clients served by public and private contractors;

     (3) A comparison of aid to families with dependent children outcomes (grant amounts and program exits) for clients served by public and private contractors;

     (4) An analysis of the costs of job opportunities and basic skills training program services by public agencies and private contractors;

     (5) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, and private contractors;

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

     The legislative budget committee shall report its findings to the governor and the appropriate standing committees of the legislature by October 30, 1998, and shall provide annual reports until October 30, 2001.

 

     NEW SECTION.  Sec. 602.  A new section is added to chapter 44.28 RCW to read as follows:

     FULL EMPLOYMENT ACT STUDY.  (1) Six months before the completion date of the five-year test period of the pilot program in sections 210 through 217 of this act, the legislative budget committee shall submit a written report to the legislature and the governor containing a full and complete analysis of the pilot program.  The report shall include recommendations from the legislative budget committee and the implementation boards regarding appropriate revisions to the pilot program and the potential for its permanent implementation for the entire state.

     (2) The evaluation of the pilot program shall be conducted by an independent evaluator using a combination of group comparison, survey and individualized event and attitude recording techniques.  Performance in attaining pilot program goals in each pilot county shall be matched against performance using the traditional welfare and employment characteristics.  In addition, the composite performance of the pilot counties shall be compared to the rest of the state.  The evaluation shall include measurements of whether program participation has improved the quality of life of program participants.  In addition, as a part of the evaluation of the Washington full employment act, the legislative budget committee shall determine whether the pilot program has displaced unsubsidized employment opportunities that would otherwise have been available and whether the pilot program has had any discernible impact on the economies or wage levels in individual pilot counties.

     (3) The target goals for the program are to reduce the Washington full employment act eligible aid to families with dependent children in the pilot counties by twenty-five percent by the end of the fifth year of the pilot program, and to reduce the costs associated with these caseloads by twenty-five percent over the five-year pilot period.

     (4) Twelve months after the beginning of the Washington full employment act, the legislative budget committee shall present to the legislature a report on the cost neutrality projections of the pilot program under sections 210 through 217 of this act.  If it appears that the pilot program is not likely to achieve cost neutrality over the course of the five-year pilot period, the legislative budget committee shall consult with the department of social and health services to present a plan to modify the pilot program.

     (5) No longer than twelve months before the completion of the pilot project, the legislative budget committee shall report to the legislature on the results of the study required in this section.

 

     NEW SECTION.  Sec. 603.  The performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services and the general operation and budget for the department of social and health services shall be audited by the legislative budget committee for the period between June 30, 1993, and July 1, 1997.  The audit shall provide the following information about the job opportunities and basic skills training program-eligible participants, in addition to any other information the auditors may provide:  The number of participants participating in at least one hundred twenty hours of job readiness training per month; the number of job placements in full-time jobs as a percent of program graduates; the average number of hours worked upon hire; the number as a percent of recipients who held jobs for thirty days, ninety days, and twelve months; wages of graduates on hourly, weekly, and monthly basis and number earning more than one hundred twenty-five percent of the federal poverty level; the number as a percent receiving earned income tax credit; length of time on welfare for each stay and over a five-year period, benefits levels of the aid to families with dependent children, general assistance, and food stamp recipients; total earnings as compared to welfare benefits while on public assistance and working and at the time of ineligibility as a result of excess income; net tax improvement; any additional state and federal government savings; savings to employers in reduction in hiring and turnover costs; adult placement characteristics, such as age, gender, number of children, children under three years of age; criminal record; education; an estimate of the total number of welfare recipients who no longer depend on public assistance and who left public assistance by means of employment; and an estimate of the cost to the state as compared to private contracts for each job opportunities and basic skills training program completion, job placement, ninety-day job retention costs, and the monthly reimbursement in job opportunities and basic skills program funds.

     The legislative budget committee shall report its findings on the information required in this section to the governor and the appropriate standing committees of the legislature by July 1, 1998.

 

                             PART VII.  RENT VOUCHERS

 

     NEW SECTION.  Sec. 701.  A new section is added to chapter 74.04 RCW to read as follows:

     (1) At the request of a recipient of aid under this section, the department shall provide the portion of the grant equal to the amount of the recipient's rent to the recipient's landlord in the form of a rent voucher or by an alternative payment method.

     (2) A two-party payment shall be made whenever a recipient of aid under this section has failed to pay rent to the landlord for two months or more, unless the failure to pay rent is authorized by law.  In this subsection, "two-party payment" means a check drawn in favor of a recipient of aid under this section and the recipient's landlord, jointly.

     (3) If a landlord reports to the department, under department rule, that a recipient has failed to pay rent for two or more months, the department shall do all of the following:

     (a) Inform the recipient of the report;

     (b) Investigate the report;

     (c) If it determines that the conditions for issuing a two-party payment under subsection (2) of this section are met, inform the recipient of the right to a fair hearing on the issue of whether two-party payment of rent should be made;

     (d) If it determines that two-party payments should not be made, inform the recipient and the landlord of that determination.

     (4) When it has been determined that a two-party payment of rent should be made, the department shall issue the recipient's monthly grant in two checks, a two-party payment for the amount of the rent, and a check drawn in favor of the recipient for the balance of the grant amount.

     (5) The department shall review each case in which a two-party payment is being made at least once every twelve months and whenever a recipient reports that a condition for the cessation of two-party payments exists.

     (6) The department shall cease making a two-party payment, when the department determines that any of the following conditions exists:

     (a) A two-party payment has been made for twenty-four consecutive months;

     (b) The recipient has reimbursed the landlord for all back rent owed;

     (c) The recipient has moved and has a different landlord.

 

                             PART VIII.  MISCELLANEOUS

 

     NEW SECTION.  Sec. 801.  The following acts or parts of acts are each repealed:

     (1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex. s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;

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

     (3) RCW 74.12.420 and 1994 c 299 s 9; and

     (4) RCW 74.12.425 and 1994 c 299 s 10.

 

     NEW SECTION.  Sec. 802.  Part headings, captions, and the table of contents used in this act do not constitute any part of the law.

 

     NEW SECTION.  Sec. 803.  Sections 204 through 206 of this act shall constitute a new chapter in Title 82 RCW.

 

     NEW SECTION.  Sec. 804.  Sections 207 through 209 of this act shall constitute a new chapter in Title 74 RCW.

 

     NEW SECTION.  Sec. 805.  Sections 203 and 210 through 217 of this act are each added to chapter 74.25 RCW.

 

     NEW SECTION.  Sec. 806.   WAIVERS‑-RENT VOUCHERS.  The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of section 701 of this act at the earliest possible date.

 

     NEW SECTION.  Sec. 807.   In the event that the department of social and health services is not able to obtain the necessary exemptions, waivers, or amendments referred to in section 806 of this act before January 1, 1998, sections 701 and 806 of this act shall expire on that date and shall have no further force or effect.

 

     NEW SECTION.  Sec. 808.  WAIVERS‑-WASHINGTON FULL EMPLOYMENT ACT.  The governor and the department of social and health services shall, within three months, seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of the program in sections 210 through 217 of this act at the earliest possible date.

 

     NEW SECTION.  Sec. 809.  (1) Upon obtaining all such exemptions, waivers, and amendments referred to in section 808 of this act, the department of social and health services, with the advice of the implementation boards, shall adopt changes to current rules as may be required to implement the program.

     (2) The department, with the advice of the implementation boards, shall amend the state plans for the aid to families with dependent children program, the job opportunities and basic skills training program, and the food stamp program to incorporate the programs into the Washington full employment act program for the pilot counties, and shall obtain federal approval of plan amendments.

     (3) The department, with the advice of the implementation boards, shall obtain any exemptions and waivers from federal statutes and regulations necessary to qualify the program as a federally approved demonstration project under section 1115 (42 U.S.C. Sec. 1315) of the Social Security Act and section 17 (7 U.S.C. Sec. 2026) of the Food Stamp Act.

     (4) The purpose of this section is to facilitate implementation of the pilot program at the earliest possible date and with maximum federal financial participation.  Therefore, the department is directed to expedite the acquisition of federal waiver and amendment approvals, and the adoption of necessary statute amendments in close and continuous coordination with appropriate federal officials, and to prepare and submit completely and in a timely manner all forms and data required by those officials.  The department, with the advice of the implementation boards, is authorized to make such changes to the program as are necessary to achieve federal waiver approval.  Any such changes should be, in the judgment of the secretary of the department, the fewest necessary to achieve federal approval for the program.  Such changes must maintain the general purpose and effect of the program described in section 210 of this act.  If changes to the program required to gain waiver approval would be too extensive to maintain the general purpose and effect of the program, the department, with the advice of the implementation boards, shall seek the amendments to federal statutes that are required for implementation of the pilot program.

 

     NEW SECTION.  Sec. 810.  In the event that the department of social and health services is not able to obtain the necessary exemptions, waivers, or amendments referred to in section 808 of this act before January 1, 1998, sections 210 through 217 of this act shall expire on that date and shall have no further force or effect.  Any unexpended and unobligated moneys remaining in the Washington full employment act special fund on that date may not be spent and are subject to legislative appropriation.

 

     NEW SECTION.  Sec. 811.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

 

     NEW SECTION.  Sec. 812.  The sum of twenty million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of social and health services for the purposes of section 401(6) of this act.

 

     NEW SECTION.  Sec. 813.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

     NEW SECTION.  Sec. 814.  Sections 201 through 217 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

 


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