BILL REQ. #:  S-4368.1 

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.