1481-S4 AMH TOKU H4680.2 [atlas:amendment]

1481-S4 AMH TOKU H4680.2

4SHB 1481 - H AMD 109 FAILED 2-12-96

By Representatives Tokuda, H. Sommers, Grant and Brown

Strike everything after the enacting clause and insert the following:

"PART I

TIME LIMITS ON PUBLIC ASSISTANCE

Sec. 1. RCW 74.12.420 and 1994 c 299 s 9 are each amended to read as follows:

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

(1) ((After forty-eight monthly benefit payments in a sixty-month period, and after each additional twelve monthly benefit payments, the aid to families with dependent children monthly benefit payment shall be reduced by ten percent of the payment standard, except that after forty-eight monthly payments in a sixty-month period, full monthly benefit payments may be made)) After thirty-six full monthly benefit payments in a sixty-month period, benefit payments shall be reduced by ten percent each year for a period of no more than three years, totaling thirty-six monthly payments. At the end of the period consisting of thirty-six months of full payments in a sixty-month period followed by thirty-six months of reduced payments, no further payments may be allowed for two years. However, neither reduction nor time limits in this section apply 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~~)) two years of age;

(d) The person is ((~~cooperating in the development and implementation of an employability plan~~)) actively participating in the job opportunities and basic skills training program 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;

(f) Child care is not made available by the department;

(g) The person was not offered services by the job opportunities and basic skills program at least six months before the benefit reduction; or

(h) The person is volunteering in the community a minimum of eighty hours per month.

(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. 2. A new section is added to chapter 74.12 RCW to read as follows:

A family receiving or applying for assistance under the aid to families with dependent children program shall enter into an accountability agreement satisfying the requirements of this section. The agreement shall be entered into by the department of social and health services and the recipient on a form prescribed by the department. The agreement shall include a list of available benefits to which the family is eligible, a summary of the responsibilities the recipient must accept, and related conditions of benefits, including time limits and benefit reductions.

PART II

REQUIRING MANDATORY PARTICIPATION IN THE

JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM

Sec. 201. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

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

(2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.)) The department of social and health services shall develop a realistic schedule for the phase-in of client participation in the job opportunities and basic skills training program based on the availability of state and federal funding.

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

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

PART III

CHILD SUPPORT

NEW SECTION. Sec. 301. A new section is added to chapter 74.20A RCW to read as follows:

(1) The department may serve a notice upon a responsible parent informing the parent of the department's intent to certify the parent to the department of licensing as an individual who is not in compliance with a child support order. As used in this section "noncompliance with a child support order" means arrears totaling three or more months of current support have accumulated since the entry of the order and the responsible parent has not made arrangements satisfactory to the division of child support to pay current support and retire the arrears. The notice shall be served personally, or by any form of mail requiring a return receipt. The notice shall inform the responsible parent that:

(a) Noncompliance may result in suspension of the parent's driver's license;

(b) The parent may contest the issue of compliance at an adjudicative proceeding under chapter 34.05 RCW;

(c) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service;

(d) If the parent requests an adjudicative proceeding within twenty days of the date of service, the department shall stay the action to certify the parent to the department of licensing pending the outcome of the adjudicative proceeding;

(e) The department shall certify the parent to the department of licensing for noncompliance with a child support order unless the parent, within twenty days of the date the notice is served:

(i) Requests an adjudicative proceeding to contest the issue of noncompliance; or

(ii) Makes arrangements, satisfactory to the department, to pay current support and retire the past-due child support debt;

(f) If the department certifies the parent to the department of licensing, the department of licensing shall suspend the parent's driver's license;

(g) If the parent requests an adjudicative proceeding, the parent shall direct the request to the division of child support field office that is responsible for handling the parent's case; and

(h) If the parent files an action to modify support with the appropriate judicial or administrative forum that issued the order, the department shall, for up to one hundred eighty days, stay the action to certify the parent to the department of licensing for noncompliance with a child support order.

(2) The notice shall include the address and telephone number of the division of child support field office that issues the notice, a copy of the responsible parent's child support order, and the amount of the delinquency.

(3) A responsible parent may request an adjudicative proceeding within twenty days of the date the notice is served. The request for adjudicative proceeding shall be in writing and include the responsible parent's current address. The adjudicative proceeding shall be conducted in accordance with chapter 34.05 RCW and the rules of the department. The issues that may be considered at an adjudicative proceeding under this section are limited to whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order.

(4) The decision resulting from the adjudicative proceeding shall be in writing and inform the responsible parent of all rights to review. The responsible parent's copy of any order resulting from the adjudicative proceeding may be sent to the parent by regular mail.

(5) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance with the child support order, the department may not certify the name of the parent to the department of licensing unless the adjudicative proceeding process results in a finding that the parent is not in compliance with the child support order.

(6) If a responsible parent fails to respond timely to the original notice, the department shall issue a second notice to the parent. The second notice shall advise the parent that the department shall, ninety days from the date of the second notice, certify the parent to the department of licensing for noncompliance with a child support order unless the parent makes arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order. This second notice shall be sent by regular mail and the parent may not contest this second notice by requesting an adjudicative proceeding.

(7) The department may certify in writing, or by electronic transfer, to the department of licensing that a responsible parent is not in compliance with a child support order if:

(a) The parent does not timely request an adjudicative proceeding upon service of a notice issued under this section and is not in compliance with a child support order twenty-one days after service of the notice;

(b) Within twenty days of receiving the notice under this section the parent fails to make arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order; or

(c) The parent timely requests an adjudicative proceeding that results in a final order that the parent is not in compliance with a child support order.

The department shall send by regular mail a copy of any certification of noncompliance filed with the department of licensing to the responsible parent at the parent's last known address.

(8) The department shall release certifications of noncompliance previously filed with the department of licensing when the parent is in compliance with the child support order or makes satisfactory arrangements with the division of child support to retire any delinquency under the order. The department shall issue such releases to the department of licensing in writing, or by electronic transfer. The department shall send the parent a copy of the release by regular mail.

(9) Nothing in this section prohibits a responsible parent from filing an action with the appropriate forum to modify the child support order. The department shall, for up to one hundred eighty days, stay the action to certify the parent to the department of licensing for noncompliance with a child support order if the parent files an action to modify the order.

(10) The department shall adopt rules to implement and enforce this section.

NEW SECTION. Sec. 302. A new section is added to chapter 46.20 RCW to read as follows:

In addition to other qualifications and conditions established under this chapter, the right of an individual to hold a driver's license issued by the department is subject to the requirements of section 301 of this act.

NEW SECTION. Sec. 303. A new section is added to chapter 46.20 RCW to read as follows:

Within thirty days of the department's receipt of a written notice from the department of social and health services as provided under chapter 74.20A RCW stating that a child support obligor who operates a motor vehicle is not in compliance with a child support order, the department shall suspend the obligor's driver's license. The department may not reinstate a license suspended for noncompliance with a child support order until authorized by the secretary of the department of social and health services, or the secretary's authorized representative.

NEW SECTION. Sec. 304. A new section is added to chapter 46.20 RCW to read as follows:

Upon suspending an individual's driver's license under section 303 of this act, the department shall notify the individual of the suspension. The notice of suspension shall specify the reason for, and the effective date of, the suspension. The notice of suspension shall inform the individual that in order to apply for reinstatement, the individual shall obtain written authorization from the department of social and health services. The notice of suspension shall inform the individual of the right to petition for judicial review of the notice of suspension in superior court within thirty days of receipt of the notice. The department shall send a copy of the notice of suspension to the department of social and health services.

NEW SECTION. Sec. 305. A new section is added to chapter 46.20 RCW to read as follows:

Upon receipt of a release of certification issued by the department of social and health services, and at the request of an individual whose driver's license has been suspended under section 303 of this act, the department shall reissue the individual's driver's license if the individual is otherwise eligible under this chapter to obtain a driver's license.

NEW SECTION. Sec. 306. A new section is added to chapter 46.20 RCW to read as follows:

The department of social and health services and the department of licensing may enter into an interagency agreement to carry out the requirements of chapter . . . , Laws of 1996 (this act).

NEW SECTION. Sec. 307. A new section is added to chapter 46.20 RCW to read as follows:

The department of social and health services shall indemnify the department of licensing for reasonable legal expenses incurred in defending the department's actions to comply with the requirements in sections 301 through 305 of this act.

NEW SECTION. Sec. 308. A new section is added to chapter 74.12 RCW to read as follows:

(1) The diversion-from-welfare program is established to assist families with a likelihood of imminent recurring income who could otherwise qualify for public assistance. The department may establish two pilot projects, one east of the crest of the Cascade mountains, and one west of the crest of the Cascade mountains, to divert families eligible to receive public assistance and instead provide a cash diversion payment.

(2) Applicants for and recipients of benefits under the diversion-from-welfare program shall not be required to assign rights to collect child support as a condition of receipt of program benefits.

(3) A person who has accepted a cash diversion payment is not eligible for additional welfare aid for a three-month period beginning with the first day of the month in which the diversion payment is made.

(4) The department shall provide the following benefits and services under the diversion program:

(a) A one-time cash payment to meet basic or emergency needs to stabilize the family and avoid continuing welfare assistance;

(b) The cash payment shall be based on the individual needs of each family and shall not exceed the value of what would be received by that family in a three-month period if the family were receiving welfare payments;

(d) Transitional medical assistance shall be provided for up to twelve months.

(5) The department shall use federal funding for the diversion program.

PART IV

GENERAL PROVISIONS

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

The provision that recipients of aid to families with dependent children may earn and keep the first thirty dollars and one-third of the remaining amount earned without having their monthly benefit payment reduced by that amount may be extended to the duration of the time the individual is receiving a welfare grant.

NEW SECTION. Sec. 402. A new section is added to chapter 74.12 RCW to read as follows:

In order to receive payments, a recipient must name the noncustodial parent, except in the cases of victims of rape and incest. The department shall take all reasonable steps to determine the identity of the noncustodial parent. The department shall cooperate with licensed health care providers, prosecuting attorneys, and other interested parties to determine the noncustodial parent's identity.

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

An aid to families with dependent children recipient's length of benefits shall be determined based on actual months of receipt of public assistance, including months of receipt of public assistance before the effective date of this section. Benefits shall not be reduced under this section before January 1, 1997.

NEW SECTION. Sec. 404. A new section is added to chapter 74.13 RCW to read as follows:

The office of child care policy shall restructure assistance child care, transitional child care, and employment child care into a unified program. If not fully funded, priority for child care shall be in the following order to: (1) Those who are on welfare and working; (2) those in transition from welfare; and (3) those employed and needing child care assistance.

PART V

TEEN PREGNANCY PREVENTION

NEW SECTION. Sec. 501. The office of the superintendent of public instruction shall introduce a uniform teen pregnancy prevention curriculum into every school district commencing with the 1996-97 school year.

NEW SECTION. Sec. 502. The department of health shall initiate six home visitor programs for unmarried teen mothers designed to avoid second pregnancies. The program shall be operated through local health departments and shall use a mentor model of service delivery.

NEW SECTION. Sec. 503. The department of health shall continue a media awareness program targeted at adult males designed to prevent teen pregnancy.

NEW SECTION. Sec. 504. A new section is added to chapter 48.43 RCW to read as follows:

(1) The legislature finds that nearly sixty percent of all pregnancies are unintended at the time of conception, and more than half of all unintended pregnancies end in abortion. In order to help women avoid unintended pregnancies and reduce the need for abortion, the legislature intends to increase access to contraceptive services.

(2) Every health plan issued or renewed by a health carrier after July 1, 1996, that includes benefits for prescription drugs must include federal drug administration-approved prescriptive and preventive contraceptive drugs and devices, subject to the plan's formulary. The formulary must include at least oral contraceptives, injectable contraceptives, and diaphragms.

PART VI

EMPLOYMENT AND TRAINING PROGRAMS

A. TAX INCENTIVE PROGRAM

NEW SECTION. Sec. 601. (1) The department of social and health services is authorized to establish the tax incentive program. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:

(a) Designation of three categories of eligible aid to families with dependent children;

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

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

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

(e) Standards regarding length and learning objectives of training plans. Training plans may not exceed two years.

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

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

(4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent shall be given priority in selection and placement of qualified participants.

(5) Employers who develop permanent work positions for their trainees will have priority. Employers who do not develop permanent work positions for their trainees may be excluded from participating in the program.

(6) This section expires June 30, 2001.

B. APPRENTICESHIP PROGRAMS

NEW SECTION. Sec. 602. (1) By investing in and using registered apprentices, the legislature finds that the state can take a leadership role in creating new jobs to stimulate the state's economy, providing training to increase the skilled labor force across the state, and increasing diversity in the state's industries, including construction industry and all other state agencies.

(2) In order to offer training and employment incentives to recipients of aid to families with dependent children, the apprenticeship pilot program shall be established. In conjunction with the department of social and health services and the employment security department, the department of transportation shall review the programs in sections 603 and 604 of this act and make recommendations to appropriate committees of the legislature.

(3) This section expires June 30, 2001.

NEW SECTION. Sec. 603. (1) The department of transportation shall establish training requirements on construction projects improving state-owned highway infrastructures that are funded with state tax revenues. The department shall use state-approved apprenticeship programs, as established by chapter 49.04 RCW, and presently operated by contractor associations, labor unions, and other organizations.

(2) The department shall adopt rules to establish and administer the training requirements.

(3) This section expires June 30, 2001.

NEW SECTION. Sec. 604. (1) The department of social and health services shall establish, in conjunction with other state agencies, an apprenticeship program that will provide training to increase the state's labor force across the state. The department shall establish training requirements for positions in state government funded with state revenues. Each department shall use state-appointed apprentices.

(2) Each participating department shall adopt rules to establish and administer the minimum training requirements.

(3) This section expires June 30, 2001.

C. COMMUNITY SERVICES

NEW SECTION. Sec. 605. (1) The department of social and health services shall review and make recommendations for the implementation of an employment transition program requiring work in community service positions by aid to families with dependent children recipients who are able to work and are not able to find a training position as described in sections 602 through 604 of this act. Acceptable work under this program includes positions such as:

(a) School assistant in local public schools;

(b) Child care assistant in private nonprofit agencies; and

(2) The department shall make recommendations concerning the reasonable amount of hours to be worked by aid to families with dependent children recipients in exchange for their aid to families with dependent children grant and food stamp allocation.

(3) The department shall work with community-based organizations and aid to families with dependent children recipients in developing these recommendations and shall submit a report to appropriate committees of the legislature no later than November 1, 1996.

(4) This section expires December 1, 1996.

NEW SECTION. Sec. 606. A new section is added to chapter 74.04 RCW to read as follows:

The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.

NEW SECTION. Sec. 607. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.

(2) If the program under section 601 of this act is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination shall receive such credits, subject to the limitations in section 601 of this act.

PART VII

MISCELLANEOUS

NEW SECTION. Sec. 701. Part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 702. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of health for the purposes of section 502 of this act.

NEW SECTION. Sec. 703. The sum of four hundred eighty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of health for the purposes of section 503 of this act.

NEW SECTION. Sec. 704. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.

NEW SECTION. Sec. 705. 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. 706. 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."

4SHB 1481 - H AMD

By Representative Tokuda

On page 1, line 4 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 74.12.420 and 74.25.020; adding new sections to chapter 74.12 RCW; adding a new section to chapter 74.20A RCW; adding new sections to chapter 46.20 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 48.43 RCW; adding a new section to chapter 74.04 RCW; creating new sections; making appropriations; and providing expiration dates."