5533-S AAS 3/11/99 S2292.1
SSB 5533 - S AMD - 124
By Senator Fairley
ADOPTED 3/11/99
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that Washington employers are having difficulty finding qualified applicants for jobs, particularly those requiring specialized skills. Many businesses are being forced to curtail expansion in Washington state.
The legislature finds that business surveys indicate that the availability of a skilled work force is the most important factor in business location decisions, particularly for high wage employers. Our state's rural development strategy requires a work force focus. Now more than ever, we need to have an explicit work force development strategy linked with our state economic development efforts.
The legislature also finds that the consequences for failing to upgrade the skills of our workers are enormous. Family incomes are increasingly linked with skills and training and those who cannot access training and education will continue to see declines in their income.
The legislature further finds that in order to succeed we must have a system of lifelong learning that allows workers to upgrade their skills while continuing to work. To achieve that goal we must have a work force development system that is linked directly to jobs, is easily accessible to working families, and can be accessed according to their own schedules. Perhaps more importantly, training and education must be skills-based and certified so that workers can attain certified skills that allow them to move up the job ladder over their lifetime.
The legislature recognizes that programs that prepare individuals for the work force, beginning with secondary vocational education in school and continuing through postsecondary education, apprenticeships, and programs for the disadvantaged, persons with disabilities, and for dislocated workers, must be a coordinated system that enables individuals to obtain skills demanded by employers, and enables individuals to smoothly move back and forth between work force development programs and employment.
To support that challenge a work force development system must focus on customer service and performance accountability. The following principles shall govern the work force development system:
(1) Provide consumers and policymakers ready access to information in order to make informed decisions related to training and employment;
(2) Create a work force development system based on a coherent economic development strategy;
(3) Hold the work force delivery system accountable for improved results in employment, earnings, skills gains, and customer satisfaction;
(4) Provide universal access to persons with disabilities, students, job seekers, and employers in order to hasten the time between job openings and jobs filled;
(5) Develop a strong leadership role for the private sector at the state and local levels;
(6) Establish and maintain state and local flexibility to ensure responsiveness to individuals and communities;
(7) Engage in a systematic effort to integrate the multiple programs and services that comprise the work force development system, including activities implemented through the state-wide one stop delivery system; and
(8) Strengthen the capacity of local communities to strategically guide work force development in their area and to shape local work force development policies.
Sec. 2. RCW 28C.18.010 and 1996 c 99 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
(1)
"Board" means the work force ((training and education coordinating))
development board.
(2)
"Director" means the director of the work force ((training and
education coordinating)) development board.
(3)
(("Training system" means programs and courses of secondary
vocational education, technical college programs and courses, community college
vocational programs and courses, private career school and college programs and
courses, employer-sponsored training, adult basic education programs and
courses, programs and courses funded by the job training partnership act,
programs and courses funded by the federal vocational act, programs and courses
funded under the federal adult education act, publicly funded programs and
courses for adult literacy education, and apprenticeships, and programs and
courses offered by private and public nonprofit organizations that are
representative of communities or significant segments of communities and
provide job training or adult literacy services.)) "Operating
agencies" means those state agencies represented on the work force
development board and any others responsible for the governance and management
of state and federal work force development programs.
(4) "Work force development system" means public and private programs that use state or federal funds to prepare workers for employment, upgrade worker skills, retrain workers, or provide employment or retention services for workers or employers. "Work force development system" includes, but is not limited to, secondary vocational education, community and technical college vocational education, private career school and college vocational programs, employer-sponsored training, work-related adult basic education and literacy programs, training and work-related activities of the state temporary assistance for needy families program, or successor program, programs funded by Title 1B of the federal work force investment act, activities funded under the federal Wagner-Peyser act, programs funded by the federal vocational education act, work-related programs funded under the adult education and family literacy act, publicly funded programs for work-related adult literacy, education, and apprenticeships, the one-stop system, the state job skills program, timber retraining benefits, the work-related components of the state vocational rehabilitation program and the department of services for the blind, and programs offered by private and public nonprofit organizations that are representative of communities or significant segments of communities and provide job training or work-related adult literacy services.
(5) "Work force skills" means skills developed through applied learning that strengthen and reinforce an individual's academic knowledge, critical thinking, problem solving, and work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence.
(((5)))
(6) "Vocational education" means organized educational
programs offering a sequence of courses which are directly related to the
preparation or retraining of individuals in paid or unpaid employment in
current or emerging occupations requiring other than a baccalaureate or
advanced degree. ((Such)) These vocational education programs
shall include competency-based applied learning which contributes to an
individual's academic knowledge, higher-order reasoning, and problem-solving
skills, work attitudes, general employability skills, and the occupational-specific
skills necessary for economic independence as a productive and contributing
member of society. Such term also includes applied technology education.
(((6)))
(7) "Adult basic education" means ((instruction designed to
achieve mastery of skills in reading, writing, oral communication, and
computation at a level sufficient to allow the individual to function
effectively as a parent, worker, and citizen in the United States, commensurate
with that individual's actual ability level, and includes English as a second
language and preparation and testing service for the general education
development exam)) (a) adult education and literacy services, including
work force literacy services; (b) family literacy services; and (c) English
literacy services as defined in P.L. 105-220, Title II, that enable eligible
adults to speak, read, and write in the English language, compute, solve
problems, and relate effectively with others in order to exercise the rights
and responsibilities of a family member, worker, and community member.
(8) "Local work force development councils" means the same as defined in P.L. 105-220, Sec. 117 and are responsible for performing the duties of that section as well as developing and ensuring the implementation of a local area unified plan for state purposes as defined in this chapter.
Sec. 3. RCW 28C.18.020 and 1991 c 238 s 3 are each amended to read as follows:
(1)
There is hereby created the work force ((training and education coordinating))
development board as a state agency ((and as the successor agency to
the state board for vocational education. Once the coordinating board has
convened, all references to the state board for vocational education in the
Revised Code of Washington shall be construed to mean the work force training
and education coordinating board, except that reference to the state board for
vocational education in RCW 49.04.030 shall mean the state board for community
and technical colleges)).
(2)(a)
The board shall consist of ((nine)) eighteen voting members
appointed by the governor with the consent of the senate, as follows: ((Three))
Five representatives of business, ((three)) five
representatives of labor, a representative of private career schools, a
representative of community-based organizations, a representative of local
elected officials, and, serving as ex officio members, the superintendent
of public instruction, the executive director of the state board for community
and technical colleges, ((and)) the commissioner of the employment
security department, the secretary of the department of social and health
services, and the director of the department of community, trade, and economic
development. ((The chair of the board shall be a nonvoting member
selected by the governor with the consent of the senate, and shall serve at the
pleasure of the governor. In selecting the chair, the governor shall seek a
person who understands the future economic needs of the state and nation and
the role that the state's training system has in meeting those needs.))
Each ((voting)) member of the board may appoint a designee to function
in his or her place with the right to vote. Representatives of business and
labor must constitute a majority of those casting votes on any given vote.
In ((making appointments to)) recruiting members for the board,
the governor shall seek to ensure geographic, ethnic, and gender diversity and
balance. The governor shall also seek to ensure diversity and balance by ((the
appointment of)) recruiting persons with disabilities.
(b)
The business representatives shall be selected from among nominations provided
by ((a)) state-wide business organizations representing a
cross-section of industries and small businesses. One of the
business representatives will serve as the chair of the board on a rotating
basis with one of the labor representatives. However, the governor may
request, and the organization shall provide, an additional list or lists from
which the governor shall select the business representatives. ((The
nominations and selections)) Recruitment shall reflect the cultural
diversity of the state, including women, people with disabilities, and racial
and ethnic minorities, and diversity in sizes of businesses.
(c)
The labor representatives shall be selected from among nominations provided by
state-wide labor organizations. One of the labor representatives will serve
as the chair of the board on a rotating basis with one of the business
representatives. However, the governor may request, and the organizations
shall provide, an additional list or lists from which the governor shall select
the labor representatives. ((The nominations and selections)) Recruitment
shall reflect the cultural diversity of the state, including women, people with
disabilities, and racial and ethnic minorities.
(d) Each business member may cast a proxy vote or votes for any business member who is not present and who authorizes in writing the present member to cast such vote.
(e) Each labor member may cast a proxy vote for any labor member who is not present and who authorizes in writing the present member to cast such vote.
(f)
((The chair shall appoint to the board one nonvoting member to represent
racial and ethnic minorities, women, and people with disabilities. The
nonvoting member appointed by the chair shall serve for a term of four years
with the term expiring on June 30th of the fourth year of the term.
(g))) The
business members of the board shall serve for terms of four years, the terms
expiring on June 30th of the fourth year of the term except that in the case of
initial members, one shall be appointed to a two-year term and one appointed to
a three-year term.
(((h)))
(g) The labor members of the board shall serve for terms of four years,
the terms expiring on June 30th of the fourth year of the term except that in
the case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(h) The private career school representative shall be selected from among nominations provided by a state-wide organization representing a cross-section of private career schools. The private career school, community-based organization, and local elected officials representatives shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.
(i)
Any vacancies among board members representing business ((or)),
labor, or private career schools shall be filled by the governor with
nominations provided by state-wide organizations representing business ((or)),
labor, or private career schools, respectively.
(j)
The board shall adopt bylaws and shall meet at least bimonthly and at such
other times as determined by the chair who shall give reasonable prior notice
to the members or at the request of a majority of the ((voting))
members.
(k) Members of the board shall be compensated in accordance with RCW 43.03.040 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(l)
((The board shall be formed and ready to assume its responsibilities under
this chapter by October 1, 1991.
(m))) The
director of the board shall be appointed by the governor ((from a list of
three names submitted by a committee made up of the business and labor members
of the board. However, the governor may request, and the committee shall
provide, an additional list or lists from which the governor shall select the
director. The lists compiled by the committee shall not be subject to public
disclosure. The governor may dismiss the director only with the approval of a
majority vote of the board. The board, by a majority vote, may dismiss the
director with the approval)), shall serve at the pleasure of the
governor, and shall be confirmed by the senate.
(((3)
The state board for vocational education is hereby abolished and its powers,
duties, and functions are hereby transferred to the work force training and
education coordinating board. All references to the director or the state
board for vocational education in the Revised Code of Washington shall be
construed to mean the director or the work force training and education
coordinating board.))
Sec. 4. RCW 28C.18.030 and 1996 c 99 s 3 are each amended to read as follows:
The
purpose of the board is to ((provide planning, coordination, evaluation,
monitoring, and policy analysis for the state training system as a whole, and
advice to the governor and legislature concerning the state training system, in
cooperation with the state training system and the higher education coordinating
board)) develop policies that create an integrated state work force
development system that links people to jobs, allows them access to training
and education, and provides an opportunity to move up the job ladder over their
lifetime. The board shall plan, promote cooperation, measure performance,
evaluate, and provide policy analysis for the state work force development
system as a whole, and advise the governor and the legislature concerning the
state's work force development system in cooperation with the operating
agencies of the work force development system.
Sec. 5. RCW 28C.18.040 and 1994 c 154 s 307 are each amended to read as follows:
(1) The director shall serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as may be necessary to implement the purposes of this chapter, and utilize staff of existing operating agencies to the fullest extent possible.
(2)
((The director shall not be the chair of the board.
(3)))
Subject to the approval of the board, the director shall appoint necessary
deputy and assistant directors and other staff who shall be exempt from the
provisions of chapter 41.06 RCW. The director's appointees shall serve at the
director's pleasure on such terms and conditions as the director determines but
subject to chapter 42.52 RCW.
(((4)))
(3) The director shall appoint and employ such other employees as may be
required for the proper discharge of the functions of the board.
(((5)
The director shall, as permissible under P.L. 101‑392, as amended,
integrate the staff of the council on vocational education, and contract with
the state board for community and technical colleges for assistance for adult
basic skills and literacy policy development and planning as required by P.L.
100‑297, as amended.))
Sec. 6. RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read as follows:
(1) The board shall be designated as the state work force investment board described in P.L. 105-220, the work force investment act of 1998, and shall perform such functions as necessary to comply with federal directives pertaining to this law. In order to comply with the regulations of P.L. 105-220, the governor may designate the board membership structure of the work force training and education coordinating board as it existed as of December 31, 1997, as the work force investment board specifically to carry out the provisions of P.L. 105-220.
(2)
The board shall be designated as the state board of vocational education as
provided for in P.L. ((98‑524)) 105-332, as amended, and
shall perform such functions as is necessary to comply with federal directives
pertaining to the provisions of such law. The board shall establish a
subcommittee consisting of the superintendent of public instruction, the
executive director of the state board for community and technical colleges, one
business representative, and one labor representative to study and make recommendations
to the board on the use of funds provided under P.L. 105-332.
(((2)))
(3) The board shall perform the functions of the human resource
investment council as provided for in the federal job training partnership act,
P.L. 97-300, as amended.
(((3)))
(4) The board shall provide policy advice for any federal act pertaining
to work force development that is not required by state or federal law to be
provided by another state body.
(((4)))
(5) Upon enactment of new federal initiatives relating to work force
development, the board shall advise the governor and the legislature on
mechanisms for integrating the federal initiatives into the state's work force
development system and make recommendations on the legislative or
administrative measures necessary to streamline and coordinate state efforts to
meet federal guidelines.
(((5)))
(6) The board shall ((monitor)) review for consistency
with the state ((comprehensive plan for work force training and education
the policies and plans established by the state job training coordinating
council)) unified plan, the policies and plans established by the
advisory council on adult education, and the Washington state plan for adult literacy
and basic ((education)) skills, and provide guidance for
making such policies and plans consistent with the state ((comprehensive))
unified plan for work force ((training and education)) development
system.
(7) The board shall perform the functions of the job training coordinating council until July 1, 2000.
(8) Recommend to the governor the performance accountability system required by P.L. 105-220 or successor legislation.
(9) For the purposes of P.L. 105-332, the superintendent of public instruction shall have operating responsibility for secondary education and the state board for community and technical colleges shall have operating responsibility for postsecondary vocational and technical education.
(10) The board shall include the director of the department of services for the blind to the extent required by P.L. 105-220.
Sec. 7. RCW 28C.18.060 and 1996 c 99 s 4 are each amended to read as follows:
The board, in cooperation with the operating agencies of the state training system and private career schools and colleges shall:
(1)
((Concentrate its major efforts on planning, coordination evaluation, policy
analysis, and recommending improvements to the state's training system.
(2)
Advocate for the state training system and for meeting the needs of employers
and the work force for work force education and training.
(3)
Establish and maintain an inventory of the programs of the state training
system, and related state programs, and perform a biennial assessment of the
vocational education, training, and adult basic education and literacy needs of
the state; identify ongoing and strategic education needs; and assess the
extent to which employment, training, vocational and basic education,
rehabilitation services, and public assistance services represent a consistent,
integrated approach to meet such needs.
(4)
Develop and maintain a state comprehensive plan for work force training and
education, including but not limited to, goals, objectives, and priorities for
the state training system, and review the state training system for consistency
with the state comprehensive plan. In developing the state comprehensive plan
for work force training and education, the board shall use, but shall not be
limited to: Economic, labor market, and populations trends reports in office
of financial management forecasts; joint office of financial management and
employment security department labor force, industry employment, and
occupational forecasts; the results of scientifically based outcome, net-impact
and cost-benefit evaluations; the needs of employers as evidenced in formal
employer surveys and other employer input; and the needs of program
participants and workers as evidenced in formal surveys and other input from
program participants and the labor community.
(5)
In consultation with the higher education coordinating board, review and make
recommendations to the office of financial management and the legislature on
operating and capital facilities budget requests for operating agencies of the
state training system for purposes of consistency with the state comprehensive
plan for work force training and education.
(6)
Provide for coordination among the different operating agencies and components
of the state training system at the state level and at the regional level.
(7)
Develop a consistent and reliable data base on vocational education
enrollments, costs, program activities, and job placements from publicly funded
vocational education programs in this state.
(8)
Establish standards for data collection and maintenance for the operating
agencies of the state training system in a format that is accessible to use by
the board. The board shall require a minimum of common core data to be
collected by each operating agency of the state training system.
The
board shall develop requirements for minimum common core data in consultation
with the office of financial management and the operating agencies of the
training system.
(9)
Establish minimum standards for program evaluation for the operating agencies
of the state training system, including, but not limited to, the use of common
survey instruments and procedures for measuring perceptions of program
participants and employers of program participants, and monitor such program
evaluation.
(10)
Every two years administer scientifically based outcome evaluations of the
state training system, including, but not limited to, surveys of program
participants, surveys of employers of program participants, and matches with
employment security department payroll and wage files. Every five years
administer scientifically based net-impact and cost-benefit evaluations of the
state training system.
(11)
In cooperation with the employment security department, provide for the
improvement and maintenance of quality and utility in occupational information
and forecasts for use in training system planning and evaluation. Improvements
shall include, but not be limited to, development of state-based occupational
change factors involving input by employers and employees, and delineation of
skill and training requirements by education level associated with current and
forecasted occupations.
(12)
Provide for the development of common course description formats, common
reporting requirements, and common definitions for operating agencies of the
training system.
(13)
Provide for effectiveness and efficiency reviews of the state training system.
(14)
In cooperation with the higher education coordinating board, facilitate
transfer of credit policies and agreements between institutions of the state
training system, and encourage articulation agreements for programs
encompassing two years of secondary work force education and two years of
postsecondary work force education.
(15)
In cooperation with the higher education coordinating board, facilitate
transfer of credit policies and agreements between private training
institutions and institutions of the state training system.
(16)
Participate in the development of coordination criteria for activities under
the job training partnership act with related programs and services provided by
state and local education and training agencies.
(17)
Make recommendations to the commission of student assessment, the state board
of education, and the superintendent of public instruction, concerning basic
skill competencies and essential core competencies for K‑12 education.
Basic skills for this purpose shall be reading, writing, computation, speaking,
and critical thinking, essential core competencies for this purpose shall be
English, math, science/technology, history, geography, and critical thinking.
The board shall monitor the development of and provide advice concerning
secondary curriculum which integrates vocational and academic education.
(18)
Establish and administer programs for marketing and outreach to businesses and
potential program participants.
(19)
Facilitate the location of support services, including but not limited to,
child care, financial aid, career counseling, and job placement services, for
students and trainees at institutions in the state training system, and
advocate for support services for trainees and students in the state training
system.
(20)
Facilitate private sector assistance for the state training system, including
but not limited to: Financial assistance, rotation of private and public
personnel, and vocational counseling.
(21)
Facilitate programs for school-to-work transition that combine classroom
education and on-the-job training in industries and occupations without a
significant number of apprenticeship programs.
(22)
Encourage and assess progress for the equitable representation of racial and
ethnic minorities, women, and people with disabilities among the students,
teachers, and administrators of the state training system. Equitable, for this
purpose, shall mean substantially proportional to their percentage of the state
population in the geographic area served. This function of the board shall in
no way lessen more stringent state or federal requirements for representation
of racial and ethnic minorities, women, and people with disabilities.
(23)
Participate in the planning and policy development of governor set-aside grants
under P.L. 97‑300, as amended.
(24)
Administer veterans' programs, licensure of private vocational schools, the job
skills program, and the Washington award for vocational excellence.
(25)
Allocate funding from the state job training trust fund.
(26)
Work with the director of community, trade, and economic development to ensure
coordination between work force training priorities and that department's
economic development efforts.
(27)
Adopt rules as necessary to implement this chapter.
The
board may delegate to the director any of the functions of this section.)) Advocate
for the state work force development system and for meeting the needs of
employers and the work force for the work force development system.
(2) Establish and maintain an inventory of the programs of the state work force development system and ensure that information is provided to consumers and policymakers at the state and local level in order to enable them to make informed choices.
(3) Assess employer and worker needs for work force training and the gap between their needs and the public and private supply of work force training. The assessments of employer and worker needs shall include state-wide surveys of employers and workers. The survey sample must be statistically representative of the state's employer and employee population.
(4) Analyze the future employment needs of employers and develop strategies to ensure that Washington residents are prepared to meet those needs. The board shall work with industry, labor, and business associations, the operating agencies, and the department of community, trade, and economic development, and local work force investment councils, to develop demand driven and targeted industry strategies to build a world class work force.
(5) Develop and maintain a state unified plan for the work force development system. The unified plan shall include:
(a) Assessments of the state's employment opportunities and skill needs, the skills of the current and future work force, and the current work force development system;
(b) Goals, objectives, and strategies for improving the work force development system as a whole. This shall include goals, objectives, and strategies for providing system services to low-income individuals including recipients of temporary assistance for needy families. It shall also include wage progression goals for recipients of temporary assistance for needy families developed in conjunction with the department of social and health services as required by RCW 74.08A.410; and
(c) A description of the performance measurement system for work force development.
(6) Work in collaboration with local work force development councils to develop the state unified plan. Local work force development councils shall provide input to the board in the development of the state unified plan which articulate their local strategy and needs.
(7) Work in partnership with the work related components of the community service employment under Title V of the older Americans act; training activities carried out through contracts with the United States department of housing and urban development; and community services block grants authorized under the national community service act, to integrate these programs into the unified planning. The governor may approve inclusion of these programs into the work force development system.
(8) Review and make recommendations to the governor and the legislature concerning the program plans of the operating agencies of the state work force development system regarding consistency with the unified plan.
(9) Recommend to the governor and the legislature strategies to assure coordination and avoid duplication among the programs of the work force development system.
(10) Design and implement a performance measurement system for work force development in cooperation with the operating agencies, including:
(a) Minimum standards for performance measurement for the state work force development system including, but not limited to, the use of common survey instruments and common performance indicators;
(b) Standards for data collection and maintenance for the operating agencies of the state work force development system. The board shall require a minimum of common core data to be collected by each operating agency of the state work force development system;
(c) Evaluations of the state work force development system including, but not limited to, outcome, net impact, and cost benefit evaluations and surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files;
(d) Standards for measuring the performance of local training providers to enable consumers to make informed choices and gain access to services they need;
(e) Recommendations to the governor and the legislature regarding expected performance levels and incentives and sanctions for performance outcomes for local work force development areas and state work force development programs. The board shall assist the governor in making decisions regarding the certification and decertification of local work force development councils;
(f) The establishment of an incentive fund for work force development, using federal funding for work force development programs, and allocating dollars from the incentive fund to reward local work force development councils and programs that produce exemplary results. The operating agencies shall:
(i) Reward exceptional programs;
(ii) Take corrective actions when programs fail to meet minimum performance standards established by the board under this section; and
(iii) Report to the board annually beginning December 31, 2001, on corrective action taken and rewards granted.
Beginning July 1, 2002, the board shall report to the governor and the legislature on operating agencies' actions to reward exceptional programs and to correct and improve programs that fail to meet performance standards established by the board;
(g) Information, provided to the governor and the legislature, on the outcomes of work force development programs. Such information shall include the following information on individuals who have participated in the programs: Participant competencies, employment, wages and earnings, receipt of public assistance, customer satisfaction, and the public cost per benefit received; and
(h) When designing and implementing the performance measurement system under this subsection, the unique circumstances of the K-12 system shall be taken into consideration.
(11) Review the plans of local work force development councils for consistency with the state unified plan and recommend to the governor whether local plans should be approved. The board shall provide technical assistance to local work force development councils as necessary. This shall include working with state operating agencies to identify resources which can be made available to assist in the development of the local unified plans.
(12) Work with local work force development councils and state operating agencies to implement a one stop delivery system that is seamless and consumer-based.
(13) For the purposes of enabling individuals to make smooth transitions into the work force and back and forth between work force development programs and employment, make recommendations regarding generic workplace skills that individuals need in order to meet employer expectations. The work force development board shall, in cooperation with the operating agencies, identify assessments of generic workplace skills and a certificate of workplace competency for individuals who have mastered such skills. Operating agencies, with programs that prepare people for entry-level employment, shall offer training leading to the receipt of the certificate. The certificate shall be recognized by operating agencies and among work force development programs to avoid redundancy in training.
(14) Administer veterans' programs, licensure of private vocational schools, and the Washington award for vocational excellence.
(15) Work with the director of community, trade, and economic development to ensure coordination between work force training priorities and that department's economic development efforts.
(16) Work in collaboration with local work force development councils, small business organizations, and economic development councils to create a coordinated and responsive system of outreach to small business.
(17) Consult with programs, and the customers of programs in the work force development system, in performing the board's duties.
(18) Complete the initial unified plan, program inventory, needs assessments, outcome evaluations, recommendations on strategies to assure coordination and avoid duplication, and the design of the performance measurement system by July 1, 2000. The board shall update the unified plan at least once every five years with more frequent updates as necessary to respond to changes in employer and worker needs, program performance, state and federal policy, and other changes affecting the work force development system.
(19) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section.
Sec. 8. RCW 74.08A.280 and 1997 c 58 s 315 are each amended to read as follows:
(1) The legislature finds that moving those eligible for assistance to self-sustaining employment is a goal of the WorkFirst program. It is the intent of WorkFirst to aid a participant's progress to self-sufficiency by allowing flexibility within the state-wide program to reflect community resources, the local characteristics of the labor market, and the composition of the caseload. Program success will be enhanced through effective coordination at regional and local levels, involving employers, labor representatives, educators, community leaders, local governments, and social service providers.
(2)
The department, through its regional offices, shall collaborate with employers,
recipients, frontline workers, educational institutions, labor, ((private
industry councils)) local work force development councils, the work
force ((training and education coordinating)) development board,
community rehabilitation employment programs, employment and training agencies,
local governments, the employment security department, and community action
agencies to develop work programs that are effective and work in their
communities. This collaboration by the department shall include placement
of WorkFirst recipients in training and skill development programs leading to
the portable certificate of workplace competency as identified by the work
force development board. For planning purposes, the department shall
collect and make accessible to regional offices successful work program models
from around the United States, including the employment partnership program,
apprenticeship programs, microcredit, microenterprise, self‑employment,
and W‑2 Wisconsin works. Work programs shall incorporate local volunteer
citizens in their planning and implementation phases to ensure community
relevance and success.
(3) To reduce administrative costs and to ensure equal state-wide access to services, the department may develop contracts for state-wide welfare-to-work services. These state-wide contracts shall support regional flexibility and ensure that resources follow local labor market opportunities and recipients' needs.
(4) The secretary shall establish WorkFirst service areas for purposes of planning WorkFirst programs and for distributing WorkFirst resources. Service areas shall reflect department regions.
(5) By July 31st of each odd-numbered year, a plan for the WorkFirst program shall be developed for each region. The plan shall be prepared in consultation with local and regional sources, adapting the state-wide WorkFirst program to achieve maximum effect for the participants and the communities within which they reside. Local consultation shall include to the greatest extent possible input from local and regional planning bodies for social services and work force development. The regional and local administrator shall consult with employers of various sizes, labor representatives, training and education providers, program participants, economic development organizations, community organizations, tribes, and local governments in the preparation of the service area plan.
(6) The secretary has final authority in plan approval or modification. Regional program implementation may deviate from the state-wide program if specified in a service area plan, as approved by the secretary.
Sec. 9. RCW 74.08A.410 and 1997 c 58 s 702 are each amended to read as follows:
(1)
The WorkFirst program shall develop outcome measures for use in evaluating the
WorkFirst program authorized in chapter 58, Laws of 1997, which ((may)) shall
include but are not limited to:
(a) Caseload reduction;
(b) Recidivism to caseload after two years;
(c) Job retention;
(d) Earnings;
(e)
Reduction in average grant through increased recipient earnings; ((and))
(f) Placement of recipients into private sector, unsubsidized jobs; and
(g) Wage progression history following former temporary assistance for needy families participants for at least two years.
(2) The department shall establish, in conjunction with the work force development board, measurable wage goals for participants transitioning from WorkFirst to unsubsidized employment.
(3) The department shall require that contractors for WorkFirst services collect outcome measure information and report outcome measures to the department regularly. The department shall develop benchmarks that compare outcome measure information from all contractors to provide a clear indication of the most effective contractors. Benchmark information shall be published quarterly and provided to the legislature, the governor, and all contractors for WorkFirst services.
NEW SECTION. Sec. 10. A new section is added to chapter 28C.18 RCW to read as follows:
There are hereby created local work force development councils to serve functions including, but not limited to, those specified for local work force development councils under P.L. 105-220. The governor, in partnership with the state board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local councils. Local work force development councils shall:
(1) In partnership with local elected officials, develop and maintain a local unified plan for the work force development system including but not limited to the local plan required by P.L. 105-220 Title I. The unified plan shall include assessments of local employment opportunities and skills needs, the current and future work force, and the current work force development system; and include goals, objectives, and strategies for the local work force development system. The unified plan shall also:
(a) Identify the work force development moneys available in the area, their allocations, and the results of the work force development programs in the area;
(b) Assess the gap between the supply of resources and the skill needs of the area; and
(c) Include the local work force development council's proposed spending plan for carrying out the local unified plan, and include the planned budget expenditures of work force development programs in the area. Local program administrators shall use the local unified plan to guide the development and implementation of their local program plan.
Local work force development councils shall submit their unified plans to the governor for approval and the plan should be consistent with the state unified plan.
(2) Conduct oversight over the local one stop system under P.L. 105-220 Title 1(b).
(3) Coordinate work force development activities at the local level and ensure a linkage with local economic development strategies.
(4) Provide for a coordinated and responsive system of outreach to employers to include the establishment of public and private partnerships of local brokers to connect small businesses to work force training programs and resources. Brokers may include, but not be limited to, industry and trade associations, chambers of commerce, central labor councils, other labor organizations, and other organizations with strong linkages to employers. Broker services may include communicating small business needs to training providers, pooling the specific training needs of several small employers to create cost-effective demand, and supporting the growth of apprenticeship programs.
(5) Identify eligible providers of training services.
(6) Assess the planning process to identify quality improvements.
(7) Execute a master partnership agreement with local elected officials that establishes the working relationships and specifies responsibilities of each body in the partnership.
Sec. 11. RCW 43.330.080 and 1997 c 60 s 1 are each amended to read as follows:
(1)
The department shall contract with associate development organizations or other
local organizations to increase the support for and coordination of community
and economic development services in communities or regional areas. The
organizations contracted with in each community or regional area shall be
broadly representative of community and economic interests. The organization
shall be capable of identifying key economic and community development
problems, developing appropriate solutions, and mobilizing broad support for
recommended initiatives. The contracting organization shall work with and
include local governments, local chambers of commerce, ((private industry))
local work force development councils, port districts, labor groups,
institutions of higher education, community action programs, and other appropriate
private, public, or nonprofit community and economic development groups. The
department shall be responsible for determining the scope of services delivered
under these contracts.
(2) Associate development organizations or other local development organizations contracted with shall promote and coordinate, through local service agreements with local governments, small business development centers, port districts, community and technical colleges, private industry councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.
(3)
The department shall ((consult with associate development organizations,
port districts, local governments, and other local development organizations in
the establishment of)) establish local service delivery regions
throughout the state that match the regions established for local work force
development councils. The legislature encourages local associate
development organizations to form partnerships with other associate development
organizations in their region to combine resources for better access to
available services, to encourage regional delivery of state services, and to
build the local capacity of communities in the region more effectively.
(4) The department shall contract on a regional basis for surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the sufficiency of the organization's or consortium's proposal to examine key sectors of the local economy within its region adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors. Organizations contracting with the department shall work closely with the department to examine the local economy and to develop strategies to focus on developing key sectors that show potential for long-term sustainable growth. The contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing needs, availability of financing, and other appropriate information about economic trends and specific employer and employee needs in the region.
(5)
((The contracting)) Any associate development organization or
other local organization contracting with the department under this section
shall participate with the work force ((training and education coordinating))
development board and local work force development councils, as
created in chapter 28C.18 RCW, ((and any regional entities designated by
that board,)) in providing for the coordination of job skills training
within ((its region)) local areas. Such participation shall include
assistance in the development of a coordinated and responsive system of
outreach to employers and technical assistance to brokers as provided in
section 10 of this act.
Sec. 12. RCW 50.38.050 and 1993 c 62 s 5 are each amended to read as follows:
The department shall have the following duties:
(1) Oversight and management of a state-wide comprehensive labor market and occupational supply and demand information system, including development of a five-year employment forecast for state and labor market areas;
(2) Produce local labor market information packages for the state's counties, including special studies and job impact analyses in support of state and local employment, training, education, and job creation programs, especially activities that prevent job loss, reduce unemployment, and create jobs;
(3)
Coordinate with the office of financial management and the office of the
forecast council to improve employment estimates by enhancing data on corporate
officers, improving business establishment listings, expanding sample for
employment estimates, and developing business entry/exit analysis relevant to the
generation of occupational and economic forecasts; ((and))
(4) In cooperation with the office of financial management, produce long-term industry and occupational employment forecasts. These forecasts shall be consistent with the official economic and revenue forecast council biennial economic and revenue forecasts; and
(5) Provide labor market information needed for the state work force development board to fulfill its duties under RCW 28C.04.060.
Sec. 13. RCW 50.67.010 and 1991 c 238 s 14 are each amended to read as follows:
(1)
((There is hereby created the Washington state job training coordinating
council for so long as a state council is required by federal law or regulation
as a condition for receipt of federal funds. The council shall perform all
duties of state job training coordinating council as specified in the federal
job training partnership act, P.L. 97‑300, as amended, including the
preparation of a coordination and special services plan for a two-year period,
consistent with the state comprehensive plan for work force training and
education prepared by the work force training and education coordinating board
as provided for in RCW 28C.18.060.
(2)
The work force training and education coordinating board shall monitor the need
for the council as described in subsection (1) of this section, and, if that
need no longer exists, propose legislation to terminate the council.)) The
duties of the job training coordinating council described in section 122 of
P.L. 97-300 shall be performed by the work force development board until July
1, 2000.
(2) This section expires July 1, 2000.
NEW SECTION. Sec. 14. The department is responsible to prepare the following elements for the program plan required by the work force investment act of 1998 (P.L. 105-220) which include:
(1) Detailed plans required under section 8 of the Wagner-Peyser act (29 U.S.C. 49g);
(2) Assurances that the state will provide, in accordance with section 184 of the work force investment act, for fiscal control and fund accounting procedures that are necessary to ensure the proper disbursement of, and accounting for, funds paid to the state through the allotments made under sections 127 and 132 of the work force investment act;
(3)(a) A description of the methods and factors the state will use in distributing funds to local areas for youth activities and adult employment and training activities under sections 128(b)(3)(B) and 133(b)(3)(B) of the work force investment act, including:
(i) A description of how the individuals and entities represented on the work force development board were involved in determining such methods and factors of distribution; and
(ii) A description of how that state consulted with chief elected officials in local areas throughout the state in determining such distribution; and
(b) Assurances that the funds will be distributed equitably throughout the state, and that no local areas will suffer significant shifts in funding from year to year; and
(c) A description of the formula prescribed by the governor pursuant to section 133(b)(2)(B) of the work force investment act for the allocation of funds to local areas for dislocated worker employment and training activities;
(4) With respect to the one stop delivery systems described in section 134(c) of the work force investment act, a description of the operational strategy of the state for assisting local areas in development and implementation of fully operational one stop delivery systems in the state;
(5) A description of the competitive process to be used by the state to award grants and contracts in the state for activities carried out under the work force investment act;
(6) With respect to the employment and training activities authorized in section 134 of the work force investment act:
(a) The employment and training activities that will be carried out with the funds received by the state through the allotment made under section 132 of the work force investment act;
(b) How the state will provide rapid response activities to dislocated workers from funds reserved under section 133(a)(2) of the work force investment act for such purposes, including the designation of an identifiable state rapid response dislocated worker unit to carry out state-wide rapid response activities; and
(c) With other state operating agencies, how the state will serve the employment and training needs of dislocated workers, including displaced homemakers; low-income individuals, including recipients of public assistance; individuals training for nontraditional employment; and other individuals with multiple barriers to employment, including older individuals and individuals with disabilities;
(7) With respect to youth activities authorized in section 129 of the work force investment act, information:
(a) Describing the state strategy for providing comprehensive services to eligible youth, particularly those eligible youth who are recognized as having significant barriers to employment;
(b) Describing how that state will coordinate the youth activities carried out in the state under section 129 of the work force investment act with the services provided by job corps centers in the state, where such centers exist; and
(c) Describing how the state will coordinate youth activities described in subparagraph (C) of the work force investment act with activities carried out through the youth opportunity grants under section 169 of the work force investment act; and
(8) With respect to all program activities of the department, a description of how department resources are allocated to support the implementation of unified planning by the work force development board and the implementation of local unified plans.
NEW SECTION. Sec. 15. The department shall receive federal funds authorized under the work force investment act of 1998 (P.L. 105-220) Title 1B and recommend to the governor the allocation of the funds to support this chapter, chapter 28C.18 RCW, and the work force investment act.
Sec. 16. RCW 50.13.060 and 1997 c 409 s 605 and 1997 c 58 s 1004 are each reenacted and amended to read as follows:
(1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws or to the release of employing unit names, addresses, number of employees, and aggregate employer wage data for the purpose of state governmental agencies preparing small business economic impact statements under chapter 19.85 RCW or preparing cost-benefit analyses under RCW 34.05.328(1)(c). Information provided by the department and held to be private and confidential under state or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or releases such information to unauthorized parties is subject to the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied.
(6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.
(8)
The department may provide information for purposes of statistical
analysis and evaluation of the WorkFirst program or any successor state welfare
program, the department of social and health services, the office of financial
management, and other governmental entities with oversight or evaluation
responsibilities for the program ((shall have access to employer wage
information on clients in the program whose names and social security numbers
are provided to the department)) in accordance with RCW 43.20A.080.
The confidential information provided by the department shall remain
the property of the department and may be used by the authorized
requesting agencies only for statistical analysis, research, and evaluation
purposes as provided in RCW 74.08A.410 and 74.08A.420. The department of social
and health services ((is)), the office of financial management, or
other governmental entities with oversight or evaluation responsibilities for
the program are not required to comply with subsection (1)(c) of this
section, but the requirements of the remainder of subsection (1) of this
section and applicable federal laws and regulations must be satisfied. The
confidential information used for evaluation and analysis of welfare reform
supplied to the authorized requesting entities with regard to the WorkFirst
program or any successor state welfare program are exempt from public
inspection and copying under RCW 42.17.310.
(9) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.
(10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.
(11) To promote the reemployment of job seekers, the commissioner may enter into data-sharing contracts with partners of the one-stop career development system. The contracts shall provide for the exchange of data only to the extent that the exchange is necessary for the efficient provisions of work force programs, including but not limited to public labor exchange, unemployment insurance, worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services. The exchange of information under contracts with one-stop partners is exempt from subsections (1), (5), and (6) of this section.
(12) To facilitate improved operation and evaluation of state programs, the commissioner may enter into data-sharing contracts with other state agencies only to the extent that such exchange is necessary for the efficient operation or evaluation of outcomes for those programs. The exchange of information by contract under this subsection is exempt from subsection (1)(c) of this section.
(13) The misuse or unauthorized release of records or information by any person or organization to which access is permitted by this chapter subjects the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
Sec. 17. RCW 42.17.310 and 1998 c 69 s 1 are each amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(nn) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(oo) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(pp) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(qq) Individually identifiable information received by the work force development board for research or evaluation purposes.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 18. RCW 43.20A.080 and 1997 c 58 s 1005 are each amended to read as follows:
(1)
The department shall provide the employment security department quarterly with
the names ((and)), social security numbers, and program
information of all clients in the WorkFirst program and any successor state
welfare program needed to assess and improve the quality of the employment
outcomes.
(2)
The information provided by the employment security department under RCW
50.13.060 for statistical analysis and welfare program evaluation purposes may
be used only for statistical analysis, research, and evaluation purposes as
provided in RCW 74.08A.410 and 74.08A.420. ((Through individual matches
with accessed employment security department confidential employer wage files,
only aggregate, statistical, group level data shall be reported. Data sharing
by the employment security department may be extended to include the office of
financial management and other such governmental entities with oversight responsibility
for this program.))
(3) The department and other agencies of state government shall protect the privacy of confidential personal data supplied under RCW 50.13.060 consistent with federal law, chapter 50.13 RCW, and the terms and conditions of a formal data-sharing agreement between the employment security department and agencies of state government, however the misuse or unauthorized use of confidential data supplied by the employment security department is subject to the penalties in RCW 50.13.080.
NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:
(1) RCW 28C.18.070 (Intent--"Program" clarified) and 1995 c 130 s 1;
(2) RCW 28C.18.080 (Comprehensive plan--Contents--Updates--Agency operating plans--Reports to the legislature) and 1997 c 369 s 5 & 1995 c 130 s 2;
(3) RCW 28C.18.090 (Additional board duties--Program evaluation by operating agencies) and 1995 c 130 s 4;
(4) RCW 28C.18.100 (Assessments by board--Biennial report to legislature and governor) and 1995 c 130 s 5;
(5) RCW 28C.18.110 (Identification of policies and methods to promote efficiency and sharing of resources--Report to governor and legislature) and 1995 c 130 s 6;
(6) RCW 50.67.020 (Membership of council--Assistance to work force training and education coordinating board) and 1991 c 238 s 15; and
(7) RCW 50.67.030 (Washington youthbuild program--Council to advise) and 1994 sp.s. c 3 s 8.
NEW SECTION. Sec. 20. Sections 14 and 15 of this act constitute a new chapter in Title 50 RCW.
NEW SECTION. Sec. 21. 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. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 22. 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. 23. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
SSB 5533 - S AMD - 124
By Senator Fairley
ADOPTED 3/11/99
On page 1, line 1 of the title, after "learning;" strike the remainder of the title and insert "amending RCW 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, 28C.18.060, 74.08A.280, 74.08A.410, 43.330.080, 50.38.050, 50.67.010, 42.17.310, and 43.20A.080; reenacting and amending RCW 50.13.060; adding a new section to chapter 28C.18 RCW; adding a new chapter to Title 50 RCW; creating new sections; repealing RCW 28C.18.070, 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110, 50.67.020, and 50.67.030; prescribing penalties; providing an expiration date; and declaring an emergency."
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