2798-S2.E AAS 3/9/94

2798-S2.E AAS 3/9/94

E2SHB 2798 - S AMD

By Senators Rinehart and Talmadge

ADOPTED AS AMENDED 3/9/94

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that lengthy stays on welfare, lack of access to vocational education and training, the inadequate emphasis on employment by the social welfare system, and teen pregnancy are obstacles to achieving economic independence. Therefore, the legislature intends that:

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

(2) State institutions take an active role in preventing pregnancy in young teens;

(3) Family planning assistance be readily available to welfare recipients;

(4) Support enforcement be more effective and the level of responsibility of noncustodial parents be significantly increased; and

(5) Job search, job skills training, and vocational education resources are to be used in the most cost-effective manner possible.

PART I. EMPHASIZING WORK AND FAMILY PLANNING IN PUBLIC ASSISTANCE

NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:

The department shall train financial services and social work staff who provide direct service to recipients of aid to families with dependent children to:

(1) Effectively communicate the transitional nature of aid to families with dependent children and the expectation that recipients will enter employment;

(2) Actively refer clients to the job opportunities and basic skills program;

(3) Provide social services needed to overcome obstacles to employability; and

(4) Provide family planning information and assistance, including alternatives to abortion, which shall be conducted in consultation with the department of health.

NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:

At time of application or reassessment under this chapter the department shall offer or contract for family planning information and assistance, including alternatives to abortion, and any other available locally based teen pregnancy prevention programs, to prospective and current recipients of aid to families with dependent children.

PART II. TEEN PREGNANCY PREVENTION

NEW SECTION. Sec. 4. For the 1994-95 school year, the office of the superintendent of public instruction shall administer a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. The messages shall be distributed in the school and community where produced. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields. For purposes of evaluating the impact of the campaigns, applicants shall estimate student pregnancy and birth rates over the prior three to five years.

NEW SECTION. Sec. 5. A new section is added to chapter 70.190 RCW to read as follows:

The community network's plan may include funding for a student designed media and community campaign promoting sexual abstinence and addressing the importance of delaying sexual activity and pregnancy or male parenting until individuals are ready to nurture and support their children. Under the campaign, which shall be substantially designed and produced by students, the same messages shall be distributed in schools, through the media, and in the community where the campaign is targeted. The campaign shall require local private sector matching funds equal to state funds. Local private sector funds may include in-kind contributions of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields. The campaign shall be evaluated using the outcomes required of community networks under this chapter, in particular reductions in the number or rate of teen pregnancies and teen male parentage over a three to five year period.

PART III. REFOCUSING JOBS

Sec. 6. RCW 74.25.010 and 1991 c 126 s 5 are each amended to read as follows:

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

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

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

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

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

((~~(4)~~)) (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

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

(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. In contracting for job placement, job search, and other job opportunities and basic skills services, the department is encouraged to structure payments to the contractor on a performance basis. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services. The department shall maximize the federal matching funds available for the job opportunities and basic skills program by aggressively seeking private and public funds as match for federal funds.

(2) To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall ((~~give first priority of service to individuals volunteering for program participation~~)) require nonexempt parents to actively participate in the JOBS program, with an emphasis on job readiness activities and vocational education. Social services shall be offered to participants in accordance with federal law. The department shall adopt appropriate sanctions to ensure compliance with the requirement and policies of this chapter.

(3) To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall ensure that long-term recipients of aid to families with dependent children or those who are potentially long-term recipients as identified in federal job opportunities and basic skills (JOBS) target populations shall receive first priority for JOBS services. Federal JOBS targets are: (a) Applicants for assistance who have received such aid for thirty-six of the preceding sixty months; (b) recipients who have received assistance for thirty-six of the preceding sixty months; (c) custodial parents under the age of twenty-four who have not completed high school or its equivalent; (d) custodial parents under the age of twenty-four with little or no recent work experience; and (e) members of families in which the youngest child is within two years of being ineligible for assistance because of age.

(4) The department shall prioritize JOBS service delivery according to the categories within the existing federal target groups as follows: (a) Custodial parents under the age of twenty-four with little or no recent work experience; (b) custodial parents under the age of twenty-four who have not completed high school or its equivalent may be required to do so; (c) recipients who have received assistance for thirty-six of the preceding sixty months; and (d) at least one parent in an aid to families with dependent children-employable household shall be required to participate in one of the following JOBS components for a minimum of sixteen hours per week: (i) Community work experience; (ii) work experience; (iii) on-the-job training; (iv) work supplementation; (v) those under the age of twenty-four who have not completed high school or its equivalent may be required to do so.

(5) The department shall develop a realistic schedule for the phase-in of recipient participation in the JOBS program based on the availability of state, federal, and other relevant funding.

(6) All job search, skills training, and postsecondary education shall be oriented towards local labor force needs as determined by the department in consultation with the local private industry council and the employment security department. Education and skills training shall emphasize basic, secondary, and vocational education. Aid to families with dependent children grants shall be provided to individuals attending a four-year college or university only if it can be demonstrated that it provides the fastest and most efficient path to employment for a particular recipient. Aid to families with dependent children recipients are prohibited from undertaking a postsecondary course of study oriented primarily towards liberal arts.

(7) Job search assistance, whether provided by the department or an entity contracting with the department, shall include job development services. The services shall be provided by persons responsible for identifying existing and potential job openings and for developing relationships with existing and potential area employers.

((~~(3)~~)) (8) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age ((~~six years, and the employment would require the individual to work more than twenty hours per week~~)) three; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; (d) if the individual is engaged in at least fifteen hours per week of unsubsidized employment; or ((~~(d)~~)) (e) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

((~~(4)~~)) (9) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

NEW SECTION. Sec. 8. A new section is added to chapter 74.25 RCW to read as follows:

Recipients of aid to families with dependent children who are not participating in an education or work training program may volunteer to work in a licensed child care facility, or other willing volunteer work site. Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.

PART IV. ELIGIBILITY AND BENEFIT PAYMENT REVISIONS

NEW SECTION. Sec. 9. A new section is added to chapter 74.12 RCW to read as follows:

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

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

(a) The person is incapacitated or is needed in the home to care for a member of the household who is incapacitated;

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

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

(e) During a month in which a grant reduction would be imposed under this section, the person is participating in an unpaid work experience program.

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

(3) For purposes of determining monthly benefit payments for two-parent aid to families with dependent children households, the length of stay criterion will be applied to the parent with the longer history of public assistance receipt.

NEW SECTION. Sec. 10. A new section is added to chapter 74.12 RCW to read as follows:

For purposes of determining the amount of monthly benefit payment to recipients of aid to families with dependent children who are subject to benefit reductions due to length of stay, all countable nonexempt earned income shall be subtracted from an amount equal to the payment standard.

NEW SECTION. Sec. 11. A new section is added to chapter 74.12 RCW to read as follows:

The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable.

NEW SECTION. Sec. 12. A new section is added to chapter 74.12 RCW to read as follows:

The revisions to the aid to families with dependent children program and job opportunities and basic skills training program shall be implemented by the department of social and health services on a state-wide basis.

PART V. CHILD SUPPORT

NEW SECTION. Sec. 13. The department of social and health services shall make a substantial effort to determine the identity of the noncustodial parent through consistent implementation of RCW 70.58.080. By December 1, 1994, the department of social and health services shall report to the fiscal committees of the legislature on the method for validating claims of good cause for refusing to establish paternity, the methods used in other states, and the national average rate of claims of good cause for refusing to establish paternity compared to the Washington state rate of claims of good cause for refusing to establish paternity, the reasons for differences in the rates, and steps that may be taken to reduce these differences.

NEW SECTION. Sec. 14. A new section is added to chapter 74.20A RCW to read as follows:

(1) In each case within the jurisdiction of the office of support enforcement in which a child support obligation has been established, the secretary shall issue a letter, by mail, to the parent responsible for payment of the support obligation. The letter shall notify the parent that the fact and amount of the child support obligation will be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.

(2) Within thirty days following the date that a notice described in subsection (1) of this section is mailed, the secretary shall report the fact and amount of the child support obligation to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington. Any modification in the amount of a child support obligation for which a report has been made under this section, shall be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.

NEW SECTION. Sec. 15. A new section is added to chapter 74.20 RCW to read as follows:

(1) The office of support enforcement shall contract with private collection agencies to pursue collection of arrearages that might otherwise consume a disproportionate share of the office's collection efforts. Those cases considered to consume a disproportionate share of the offices collection efforts shall include those cases owing more than fifteen hundred dollars, cases where no payment has been received in the last six months towards any debt owed to the department, or cases where the last known address was outside of the state of Washington. In determining appropriate contract provisions, the department shall consult with other state support enforcement agencies which have successfully contracted with private collection agencies to the extent allowed by federal regulations.

(2) The department shall solicit proposals and shall select collection agencies that have computerized location and asset information service capabilities.

(3) The department shall monitor each case that it refers to a collection agency.

(4) The department shall evaluate the effectiveness of entering into contracts for services under this section.

(5) The department shall report to the fiscal committees of the legislature on the results of its analysis under subsections (3) and (4) of this section.

NEW SECTION. Sec. 16. A new section is added to chapter 74.20 RCW to read as follows:

The office of support enforcement shall, as a matter of policy, use all available remedies for the enforcement of support obligations where the obligor is a self-employed individual. The office of support enforcement shall not discriminate in favor of certain obligors based upon employment status.

NEW SECTION. Sec. 17. The legislature finds that the reliable receipt of child support payments by custodial parents is essential to maintaining economic self-sufficiency. It is the intent of the legislature to ensure that child support payments received by custodial parents when such support is owed are retained by those parents regardless of future claims made against such payments.

Sec. 18. RCW 26.23.035 and 1991 c 367 s 38 are each amended to read as follows:

(1) The department of social and health services shall adopt rules for the distribution of support money collected by the office of support enforcement. These rules shall:

(a) Comply with 42 U.S.C. Sec. 657;

(b) Direct the office of support enforcement to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution:

(i) The location of the custodial parent is unknown;

(ii) The support debt is in litigation;

(iii) The office of support enforcement cannot identify the responsible parent or the custodian;

(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; and

(d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before the debt owed to the state when the custodian stops receiving a public assistance grant.

(2) The office of support enforcement may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee's consent. The payee may file an application for an adjudicative proceeding to challenge distribution to such other person. Prior to distributing support payments to any person other than the payee, the registry shall:

(a) Obtain a written statement from the child's physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee's consent;

(b) Mail to the responsible parent and to the payee at the payee's last known address a copy of the physical custodian's statement and a notice which states that support payments will be sent to the physical custodian; and

(3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate. Any set-off against future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected as current support.

(4) If the Washington state support registry distributes a support payment to a payee under a support order or to another person who has lawful physical custody of the child or custody with the payee's consent, and the negotiable instrument received for such payment from the payer under a child support order is returned for nonsufficient funds, the registry shall obtain restitution from the payer under the child support order.

(5) If the Washington state support registry distributes funds collected under 42 U.S.C. Sec. 664 to a payee under a support order or to another person who has lawful physical custody of the child or custody with the payee's consent, and another person filing a joint return with the payer owing past due support under a child support order takes appropriate action to secure a share of the refund from which the withholding has been made, the registry shall obtain restitution from the payer under the child support order.

PART VI. EMPLOYMENT PARTNERSHIP PROGRAM

Sec. 19. RCW 50.63.010 and 1986 c 172 s 1 are each amended to read as follows:

The legislature finds that the restructuring in the Washington economy has created rising public assistance caseloads and declining real wages for Washington workers. There is a profound need to develop partnership programs between the private and public sectors to create new jobs with adequate salaries and promotional opportunities for chronically unemployed and underemployed citizens of the state. Most public assistance recipients want to become financially independent through paid employment. A voluntary program which utilizes public wage subsidies and employer matching salaries has provided a beneficial financial incentive allowing public assistance recipients transition to permanent full-time employment.

Sec. 20. RCW 50.63.020 and 1986 c 172 s 2 are each amended to read as follows:

The employment partnership program is created to develop a series of geographically distributed model projects to provide permanent full-time employment for low-income and unemployed persons. The program shall be ((~~a cooperative effort between the employment security department and~~)) administered by the department of social and health services. The department shall contract for the program through local public or private nonprofit organizations. The goals of the program are as follows:

(1) To reduce inefficiencies in administration and provide model coordination of agencies with responsibilities for employment and human service delivery to unemployed persons;

(2) To create voluntary financial incentives to simultaneously reduce unemployment and welfare caseloads; ((~~and~~))

(3) To provide other state and federal support services to the client population to enable economic independence;

(4) To improve partnerships between the public and private sectors designed to move recipients of public assistance into productive employment; and

(5) To provide employers with information on federal targeted jobs tax credit and other state and federal tax incentives for participation in the program.

Sec. 21. RCW 50.63.030 and 1986 c 172 s 3 are each amended to read as follows:

The ((~~commissioner of employment security and the~~)) secretary of the department of social and health services shall establish pilot projects that enable grants to be used as a wage subsidy. The department of social and health services ((~~is designated as the lead agency for the purpose of complying~~)) shall comply with applicable federal statutes and regulations((~~. The department~~)), and shall seek any waivers from the federal government necessary to operate the employment partnership program. The projects shall be available on an individual case-by-case basis or subject to the limitations outlined in RCW 50.63.050 (as recodified by this act) for the start-up or reopening of a plant under worker ownership. The projects shall be subject to the following criteria:

(1) It shall be a voluntary program and no person may have any sanction applied for failure to participate.

(2) Employment positions established by this chapter shall not be created as the result of, nor result in, any of the following:

(a) Displacement of current employees, including overtime currently worked by these employees;

(b) The filling of positions that would otherwise be promotional opportunities for current employees;

(c) The filling of a position, before compliance with applicable personnel procedures or provisions of collective bargaining agreements;

(d) The filling of a position created by termination, layoff, or reduction in workforce;

(e) The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific work site, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoff;

(f) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers;

(g) Decertification of any collective bargaining unit.

(3) Wages shall be paid at the usual and customary rate of comparable jobs and may include a training wage if permitted by applicable federal statutes and regulations;

(4) A recoupment process shall recover state supplemented wages from an employer when a job does not last six months following the subsidization period for reasons other than the employee voluntarily quitting or being fired for good cause as determined by the ((~~commissioner of employment security~~)) local employment partnership council under rules prescribed by the ((~~commissioner pursuant to chapter 50.20 RCW~~)) secretary;

(5) Job placements shall have promotional opportunities or reasonable opportunities for wage increases;

(6) Other necessary support services such as training, day care, medical insurance, and transportation shall be provided to the extent possible;

(7) Employers shall provide monetary matching funds of at least fifty percent of total wages;

(8) Wages paid to participants shall be a minimum of five dollars an hour; and

(9) The projects shall target the ((~~hardest-to-employ~~)) populations in the priority and for the purposes set forth in RCW 74.25.020, to the extent that necessary support services are available.

Sec. 22. RCW 50.63.040 and 1986 c 172 s 4 are each amended to read as follows:

An employer, before becoming eligible to fill a position under the employment partnership program, shall certify to the ((~~department of employment security~~)) local employment partnership council that the employment, offer of employment, or work activity complies with the following conditions:

(1) The conditions of work are reasonable and not in violation of applicable federal, state, or local safety and health standards;

(2) The assignments are not in any way related to political, electoral, or partisan activities;

(3) The employer shall provide industrial insurance coverage as required by Title 51 RCW;

(4) The employer shall provide unemployment compensation coverage as required by Title 50 RCW;

(5) The employment partnership program participants hired following the completion of the program shall be provided benefits equal to those provided to other employees including social security coverage, sick leave, the opportunity to join a collective bargaining unit, and medical benefits.

NEW SECTION. Sec. 23. A local employment partnership council shall be established in each pilot project area to assist the department of social and health services in the administration of this chapter and to allow local flexibility in dealing with the particular needs of each pilot project area. Each council shall be primarily responsible for recruiting and encouraging participation of employment providers in the project site. Each council shall be composed of nine members who shall be appointed by the county legislative authority of the county in which the pilot project operates. Councilmembers shall be residents of or employers in the pilot project area in which they are appointed and shall serve three-year terms. The council shall have two members who are current or former recipients of the aid to families with dependent children program or food stamp program, two members who represent labor, and five members who represent the local business community. In addition, one person representing the local community service office of the department of social and health services, one person representing a community action agency or other nonprofit service provider, and one person from a local city or county government shall serve as nonvoting members.

Sec. 24. RCW 50.63.060 and 1986 c 172 s 6 are each amended to read as follows:

Participants shall be considered recipients of aid to families with dependent children and remain eligible for medicaid benefits even if the participant does not receive a residual grant. Work supplementation participants shall be eligible for (1) the thirty-dollar plus one-third of earned income exclusion from income, (2) the work related expense disregard, and (3) ((~~the~~)) any applicable child care expense disregard deemed available to recipient of aid in computing his or her grant under this chapter, unless prohibited by federal law.

Sec. 25. RCW 50.63.090 and 1986 c 172 s 9 are each amended to read as follows:

The department of social and health services shall seek any federal funds available for implementation of this chapter, including, but not limited to, funds available under Title IV of the federal social security act (42 U.S.C. Sec. 601 et seq.) for the ((~~work incentive demonstration program, and the employment search program~~)) job opportunities and basic skills program.

NEW SECTION. Sec. 26. RCW 50.63.010, 50.63.020, 50.63.030, 50.63.040, 50.63.050, 50.63.060, 50.63.070, 50.63.080, and 50.63.090 are each recodified as a new chapter in Title 74 RCW.

NEW SECTION. Sec. 27. The department of social and health services shall report to the appropriate committees of the house of representatives and senate on the implementation of this employment partnership program for recipients of aid to families with dependent children by October 1, 1995.

NEW SECTION. Sec. 28. Section 23 of this act shall be codified in the new chapter created by section 26 of this act.

PART VII. IMMUNIZATION

NEW SECTION. Sec. 29. A new section is added to chapter 43.70 RCW to read as follows:

(1) The department, in conjunction with local health jurisdictions, shall require each local health jurisdiction to submit an immunization assessment and enhancement proposal, consistent with the standards established in the public health improvement plan, to provide immunization protection to the children of the state to further reduce vaccine-preventable diseases.

(2) These plans shall include, but not be limited to:

(a) A description of the population groups in the jurisdiction that are in the greatest need of immunizations;

(b) A description of strategies to use outreach, volunteer, and other local educational resources to enhance immunization rates; and

(3) This section shall be implemented consistent with available funding.

(4) The secretary shall report through the public health improvement plan to the health care and fiscal committees of the legislature on the status of the program and progress made toward increasing immunization rates in population groups of greatest need.

NEW SECTION. Sec. 30. The legislative budget committee shall conduct a program performance audit of the department of health's immunization program and report its findings to the legislature by no later than October 31, 1994. The program performance audit shall include (1) an analysis of the distribution and utilization of vaccines by local health departments and private physicians, (2) an identification of destroyed and unused amounts of vaccine, and (3) an evaluation of the department of health's program to increase the rate of vaccination of children two years old and under. The department of health shall allocate $40,000 or so much thereof as may be necessary from its 1993-95 general fund -- state appropriation to the legislative budget committee for the purposes of the program performance audit required by this section.

PART VIII. CHILD'S RESOURCES

Sec. 31. RCW 74.12.350 and 1979 c 141 s 354 are each amended to read as follows:

The department of social and health services is hereby authorized to promulgate rules and regulations in conformity with the provisions of Public Law 87-543 to allow all or any portion of a dependent child's earned or other income to be set aside for the identifiable future needs of the dependent child which will make possible the realization of the child's maximum potential as an independent and useful citizen.

The transfer into, or accumulation of, a child's income or resources in an irrevocable trust account is hereby allowed. The amount allowable is four thousand dollars. The department will provide income assistance recipients with clear and simple information on how to set up educational accounts, including how to assure that the accounts comply with federal law by being adequately earmarked for future educational use, and are irrevocable.

NEW SECTION. Sec. 32. RCW 74.12.360 and 1993 c 312 s 10 are each repealed.

NEW SECTION. Sec. 33. A new section is added to chapter 74.12 RCW to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's care. Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.

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

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

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

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

NEW SECTION. Sec. 34. A new section is added to chapter 74.04 RCW to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005 (6)(a)(ii)(A). Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.

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

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

PART IX. MISCELLANEOUS

NEW SECTION. Sec. 35. A new section is added to chapter 74.12 RCW to read as follows:

The department shall actively develop mechanisms for the income assistance program, the medical assistance program, and the community services administration to facilitate the enrollment in the federal supplemental security income program of disabled persons currently part of assistance units receiving aid to families with dependent children benefits.

NEW SECTION. Sec. 36. A new section is added to chapter 69.80 RCW to read as follows:

(1) This section may be cited as the "Good Samaritan Food Donation Act."

(2) As used in this section:

(a) "Apparently fit grocery product" means a grocery product that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(b) "Apparently wholesome food" means food that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(c) "Donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.

(d) "Food" means a raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

(f) "Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

(g) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or well-being of another person.

(h) "Intentional misconduct" means conduct by a person with knowledge, at the time of the conduct, that the conduct is harmful to the health or well-being of another person.

(i) "Nonprofit organization" means an incorporated or unincorporated entity that:

(i) Is operating for religious, charitable, or educational purposes; and

(ii) Does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.

(j) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.

(3) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.

(4) A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this subsection does not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.

(5) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products is not subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products:

(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;

(b) Agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and

(6) This section may not be construed to create liability.

NEW SECTION. Sec. 37. RCW 69.80.030 and 1983 c 241 s 3 are each repealed.

Sec. 38. RCW 69.80.900 and 1983 c 241 s 5 are each amended to read as follows:

Nothing in this chapter may be construed to create any liability of, or penalty against a donor or distributing organization except as provided in ((~~RCW 69.80.030~~)) section 36 of this act.

NEW SECTION. Sec. 39. A new section is added to chapter 74.12 RCW to read as follows:

By October 1, 1994, the department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any sections of chapter . . ., Laws of 1994 (this act). By October 1, 1994, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver.

NEW SECTION. Sec. 40. 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. 41. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 42. Section 7 of this act shall take effect July 1, 1995.

NEW SECTION. Sec. 43. Part headings as used in this act constitute no part of the law."

E2SHB 2798 - S AMD

By Senator Rinehart and Talmadge

ADOPTED AS AMENDED 3/9/94

On page 1, line 1 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 74.25.010, 74.25.020, 26.23.035, 50.63.010, 50.63.020, 50.63.030, 50.63.040, 50.63.060, 50.63.090, 74.12.350, and 69.80.900; adding new sections to chapter 74.12 RCW; adding a new section to chapter 70.190 RCW; adding a new section to chapter 74.25 RCW; adding a new section to chapter 74.20A RCW; adding new sections to chapter 74.20 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 69.80 RCW; adding a new chapter to Title 74 RCW; creating new sections; recodifying RCW 50.63.010, 50.63.020, 50.63.030, 50.63.040, 50.63.050, 50.63.060, 50.63.070, 50.63.080, and 50.63.090; repealing RCW 74.12.360 and 69.80.030; and providing an effective date."