BILL REQ. #: S-4368.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/02/12.
AN ACT Relating to the Washington service corps; amending RCW 50.65.010, 50.65.020, 50.65.030, 50.65.040, 50.65.050, 50.65.060, 50.65.065, and 39.04.010; adding new sections to chapter 43.17 RCW; adding a new section to chapter 50.65 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that during our
nation's great depression public work relief programs, such as the
civilian conservation corps, provided employment and training to
thousands who had difficulty finding jobs and that the tradition of
such programs has continued in Washington with the Washington service
corps and the Washington conservation corps. The legislature
recognizes this state's responsibility to foster employment
opportunities during periods of high unemployment. The legislature
declares it to be a policy of this state that a portion of
appropriations for capital expenditures be allocated to minor public
works performed by those persons unemployed in the state.
NEW SECTION. Sec. 2 A new section is added to chapter 43.17 RCW
to read as follows:
All state agencies including all state departments, boards,
councils, commissions, and quasi-public corporations must allocate, as
a nondeductible item, out of any moneys appropriated for the original
construction of any public building, an amount of one-half of one
percent of the appropriation to be expended by the Washington service
corps for minor public works by the state's unemployed residents under
this chapter.
NEW SECTION. Sec. 3 A new section is added to chapter 43.17 RCW
to read as follows:
(1) The funds allocated under section 2 of this act are subject to
interagency reimbursement for expenditure by the Washington service
corps when the particular law providing for the appropriation becomes
effective.
(2) The director of the Washington service corps must determine the
amount to be made available for implementation of the job creation
projects of the Washington service corps in consultation with the
commissioner of the employment security department and payments
therefor must be made in accordance with law. The designation of minor
public works are the responsibility of the director.
Sec. 4 RCW 50.65.010 and 1987 c 167 s 1 are each amended to read
as follows:
(1) The legislature finds that:
(((1))) (a) The unemployment rate in the state of Washington is the
highest since the great depression, with a significantly higher rate
among Washington youth and those needing additional training.
(((2))) (b) The policy of the state is to conserve and protect its
natural and urban resources, scenic beauty, and historical and cultural
sites.
(((3))) (c) It is in the public interest to target employment
projects to those activities which have the greatest benefit to the
local economy.
(((4))) (d) There are many unemployed ((young adults)) citizens
without hope or opportunities for entrance into the labor force who are
unable to afford higher education and who create a serious strain on
tax revenues in community services.
(((5))) (e) The severe cutbacks in community and human services
funding leave many local community service agencies without the
resources to provide necessary services to those in need.
(((6))) (f) The talent and energy of Washington's unemployed
((young adults)) citizens are an untapped resource which should be
challenged to meet the serious shortage in community services and
promote and conserve the valuable resources of the state.
(2) Therefore, the legislature finds it necessary and in the public
interest to enact the Washington ((youth)) public employment ((and
conservation)) act. As part of this chapter, the Washington service
corps is established as an operating program of the employment security
department. The legislature desires to facilitate the potential of
youth and others needing training and employment to obtain available
job opportunities in both public and private agencies.
Sec. 5 RCW 50.65.020 and 1987 c 167 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Commissioner" means the commissioner of the employment
security department.
(2) "Department" means the employment security department.
(3) "Enrollees" means those persons who have completed enrollment
forms, completed a work agreement, and who have entered into the
Washington service corps following the approval of the director of the
supervising agency.
(4) "Corps" means the Washington service corps.
(5) "Work agreement" means the written agreement between the
department, the enrollee and the supervising agency under this chapter
for a period of up to eighteen months.
(6) "Supervising agencies" means those private or public agencies,
including cities and counties, which develop and implement full-time
service projects in which enrollees agree to participate.
(7) "Matching funds" means funding that is provided to the
employment security department by agencies or individuals as financial
support for a portion of the stipend or wage and benefits paid to the
enrollee.
(8) "Financial support" means any thing of value contributed by
agencies or individuals to the department for ((a youth)) an employment
project ((which)) that is reasonably calculated to support directly the
development and expansion of a particular program under this chapter
and which represents an addition to any financial support previously or
customarily provided by the individual or agency. "Financial support"
includes, but is not limited to funds, equipment, facilities, and
training.
(9) "Director" means the individual who ((shall)) serves as the
director of the ((exchange)) Washington service corps.
(10) "Minor public works" means construction projects and
environmental restoration projects performed by Washington service
corps enrollees when the benefit of the project exceeds ten years,
including, but not limited to: The repair and improvement of
facilities and grounds of parks, playgrounds, and recreational
facilities; the restoration of forest health, shorelines, streams, and
other habitat; the control of noxious and invasive species; the
painting and small repairs of public facilities; and other projects or
portions of projects that do not involve work that requires a license
or certification to perform such work.
Sec. 6 RCW 50.65.030 and 1993 c 302 s 1 are each amended to read
as follows:
The Washington service corps is established within the employment
security department. The commissioner ((shall)) must:
(1) Appoint a director and other personnel as necessary to carry
out the purposes of this chapter;
(2) Coordinate ((youth)) employment and training efforts for youth
and the unemployed under the department's jurisdiction and cooperate
with other agencies or departments providing youth and employment
services to ensure that funds appropriated for the purposes of this
chapter will not be expended to duplicate existing services, but will
increase the ((services of youth)) opportunities for youth and the
unemployed to be of service to the state;
(3) The employment security department is authorized to place
subgrants with other federal, state, and local governmental agencies
and private agencies to provide youth employment projects and to
increase ((the numbers of youth employed)) employment opportunities for
youth and the unemployed;
(4) Determine appropriate financial support levels by private
business, community groups, foundations, public agencies, and
individuals which will provide matching funds for enrollees in service
projects under work agreements. The matching funds requirement may be
waived for public agencies or reduced for private agencies;
(5) Recruit enrollees who are residents of the state unemployed at
the time of application and are at least eighteen years of age ((but
have not reached their twenty-sixth birthday));
(6) Recruit supervising agencies to host the enrollees in full-time
service activities ((which shall)) that may not exceed eleven months'
duration;
(7) Assist supervising agencies in the development of scholarships
and matching funds from private and public agencies, individuals, and
foundations in order to support a portion of the enrollee's stipend and
benefits;
(8) Develop general employment guidelines for placement of
enrollees in supervising agencies to establish appropriate authority
for hiring, firing, grievance procedures, and employment standards
which are consistent with state and federal law;
(9) Match enrollees with appropriate public agencies and available
service projects;
(10) Monitor enrollee activities for compliance with this chapter
and compliance with work agreements;
(11) Assist enrollees in transition to employment upon termination
from the programs, including such activities as orientation to the
labor market, on-the-job training, and placement in the private sector;
(12) Establish a program for providing incentives to encourage
successful completion of terms of enrollment in the service corps and
the continuation of educational pursuits. Such incentives ((shall))
must be in the form of educational assistance equivalent to two years
of community or technical college tuition for eleven months of service.
Educational assistance funding ((shall)) may only be used for tuition,
fees, and course-related books and supplies. Enrollees who receive
educational assistance funding ((shall)) must start using it within one
year of their service completion and ((shall)) must finish using it
within four years of their service completion;
(13) Enter into agreements with the state's community and technical
college system and other educational institutions or independent
nonprofit agencies to provide special education in basic skills,
including reading, writing, and mathematics for those participants who
may benefit by participation in such classes. Participation is not
mandatory but ((shall be)) is strongly encouraged.
Sec. 7 RCW 50.65.040 and 1993 c 302 s 2 are each amended to read
as follows:
The commissioner may select and enroll in the Washington service
corps program any person who is at least eighteen years of age ((but
has not reached their twenty-sixth birthday)), is a resident of the
state, and who is not for medical, legal, or psychological reasons
incapable of service. Efforts ((shall)) must be made to enroll youths
and unemployed individuals who are economically, socially, physically,
or educationally disadvantaged. The commissioner may prescribe such
additional standards and procedures in consultation with supervising
agencies as may be necessary in conformance with this chapter. In
addition, the commissioner may select and enroll youth fourteen to
seventeen years of age on special projects during the summer and at
other times during the school year that may complement and support
their school curriculum or that link and support service with learning.
Sec. 8 RCW 50.65.050 and 1987 c 167 s 5 are each amended to read
as follows:
The commissioner ((shall)) must use existing local offices of the
employment security department or contract with local jurisdictions or
independent, private nonprofit agencies in a local community to
establish the Washington service corps program and to insure coverage
of the program statewide. Each local office ((shall)) must maintain a
list of available ((youth)) employment opportunities for youth and the
unemployed in the jurisdiction covered by the local office and the
appropriate forms or work agreements to enable ((the youths)) such
individuals to apply for employment in private or public supervising
agencies.
Sec. 9 RCW 50.65.060 and 1993 c 302 s 3 are each amended to read
as follows:
(1) Placements in the Washington service corps ((shall)) must be
made in supervising agencies under work agreements as provided under
this chapter and ((shall)) must include those assignments ((which))
that provide for addressing community needs ((and)) or conservation
problems and will assist the community in economic development efforts.
Each work agreement ((shall)) must:
(((1))) (a) Demonstrate that the service project is appropriate for
the enrollee's interests, skills, and abilities and that the project is
designed to meet unmet community needs;
(((2))) (b) Include a requirement of regular performance
evaluation. This shall include clear work performance standards set by
the supervising agency and procedures for identifying strengths,
recommended improvement areas and conditions for probation or dismissal
of the enrollee; and
(((3))) (c) Include a commitment for partial financial support for
the enrollee from private industry, public agencies, community groups,
or foundations. The commissioner may establish additional standards
for the development of placements for enrollees with supervising
agencies and assure that the work agreements comply with those
standards. This section ((shall)) does not apply to conservation corps
programs established by chapter 43.220 RCW.
(2) Agencies of the state may use the Washington service corps for
the purpose of employing youth and the unemployed qualifying under this
chapter.
Sec. 10 RCW 50.65.065 and 1993 c 302 s 4 are each amended to read
as follows:
For each enrollee, the work agreements, or combination of work
agreements, developed under RCW 50.65.060 ((shall)) must, whenever
practical, and as appropriate to the enrollee:
(1) Include a variety of experiences consisting of: Indoor
activities; outdoor activities; and volunteer activities;
(2) Provide time for participation in a core training program
common to all participants.
NEW SECTION. Sec. 11 A new section is added to chapter 50.65 RCW
to read as follows:
(1) The director must develop a formula for distribution of funds
allocated under section 2 of this act. The formula must distribute
funds in each county of the state on a per capita basis, prioritizing
distribution to counties as follows:
(a) First priority is given to those rural counties with
unemployment rates more than twenty percent above the state average;
(b) Second priority is given to those rural counties with
unemployment rates between five percent and twenty percent above the
state average;
(c) Third priority is given to all other rural counties;
(d) Fourth priority is given to nonrural counties with unemployment
rates more than twenty percent above the state average; and
(e) Fifth priority is given to all other nonrural counties.
(2) For the purposes of this section, a rural county has the same
meaning as provided in RCW 82.14.370.
Sec. 12 RCW 39.04.010 and 2008 c 130 s 16 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Award" means the formal decision by the state or municipality
notifying a responsible bidder with the lowest responsive bid of the
state's or municipality's acceptance of the bid and intent to enter
into a contract with the bidder.
(2) "Contract" means a contract in writing for the execution of
public work for a fixed or determinable amount duly awarded after
advertisement and competitive bid, or a contract awarded under the
small works roster process in RCW 39.04.155.
(3) "Municipality" means every city, county, town, port district,
district, or other public agency authorized by law to require the
execution of public work, except drainage districts, diking districts,
diking and drainage improvement districts, drainage improvement
districts, diking improvement districts, consolidated diking and
drainage improvement districts, consolidated drainage improvement
districts, consolidated diking improvement districts, irrigation
districts, or other districts authorized by law for the reclamation or
development of waste or undeveloped lands.
(4)(a) "Public work" means all work, construction, alteration,
repair, or improvement other than ordinary maintenance, executed at the
cost of the state or of any municipality, or which is by law a lien or
charge on any property therein. All public works, including
maintenance when performed by contract shall comply with chapter 39.12
RCW. "Public work" does not include work, construction, alteration,
repair, or improvement performed under contracts entered into under RCW
36.102.060(4) or under development agreements entered into under RCW
36.102.060(7) or leases entered into under RCW 36.102.060(8).
(b) "Public work" does not include "minor public works" performed
by the Washington service corps as defined in RCW 50.65.020.
(5) "Responsible bidder" means a contractor who meets the criteria
in RCW 39.04.350.
(6) "State" means the state of Washington and all departments,
supervisors, commissioners, and agencies of the state.