COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 518
(By Senators Prezioso, Hunter, Caruth, Hall, Plymale, Unger and
Foster)
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[Originating in the Committee on Education;
reported February 21, 2007.]
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A BILL to amend and reenact §9-9-3, §9-9-6, §9-9-7, §9-9-8 and
§9-9-9 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated
§9-9-21 and §9-9-22, all relating to bringing the West
Virginia Works Program into compliance with federal law as
required by the Deficit Reduction Act; providing for state
funding of two- and four-year post-secondary education for
West Virginia Works eligibility; and providing for state
funding for two-parent families to remain eligible for West
Virginia Works.
Be it enacted by the Legislature of West Virginia:
That §9-9-3, §9-9-6, §9-9-7, §9-9-8 and §9-9-9 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; and that
said code be amended by adding thereto two new sections, designated
§9-9-21 and §9-9-22, all to read as follows:
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM.
§9-9-3. Definitions.
In addition to the rules for the construction of statutes in
section ten, article two, chapter two of this code and the words
and terms defined in section two, article one of this chapter,
unless a different meaning appears from the context:
(a) "At-risk family" means a group of persons living in the
same household, living below the federally designated poverty
level, lacking the resources to become self-supporting and
consisting of a dependent minor child or children living with a
parent, stepparent or caretaker-relative; an "at-risk family" may
include an unmarried minor parent and his or her dependent child or
children who live in an adult-supervised setting;
(b) "Beneficiary" or "participant" means any parent, work
eligible individuals or caretaker-relative in an at-risk family who
receives cash assistance for himself or herself and family members;
(c) "Caretaker-relative" means grandparents or other
nonparental caretakers not included in the assistance group or
receiving cash assistance directly.
(c) (d) "Cash assistance" means temporary assistance for needy
families;
(d) (e) "Challenge" means any fact, circumstance or situation
that prevents a person from becoming self-sufficient or from
seeking, obtaining or maintaining employment of any kind, including
physical or mental disabilities, lack of education, testing,
training, counseling, child care arrangements, transportation, medical treatment or substance abuse treatment;
(e) (f) "Community or personal development" means activities
designed or intended to eliminate challenges to participation in
self-sufficiency activities. These activities are to provide
community benefit and enhance personal responsibility, including,
but not limited to, classes or counseling for learning life skills
or parenting, dependent care, job readiness, volunteer work,
participation in sheltered workshops or substance abuse treatment;
(f) (g) "Department" means the state Department of Health and
Human Resources;
(g) (h) "Education and training" means hours spent regularly
attending and preparing for classes in any approved course of
schooling or training;
(h) (i) "Family assessments" means evaluation of the
following: Work skills, prior work experience, employability,
education and challenges to becoming self-sufficient such as mental
health and physical health issues along with lack of transportation
and child care;
(i) (j) "Income" means money received by any member of an
at-risk family which can be used at the discretion of the household
to meet its basic needs: Provided, That income does not include:
(1) Supplemental security income paid to any member or members
of the at-risk family;
(2) Earnings of minor children;
(3) Payments received from earned income tax credit or tax
refunds;
(4) Earnings deposited in an individual development account
approved by the department;
(5) Any educational grant or scholarship income regardless of
source; or
(6) Any moneys specifically excluded from countable income by
federal law;
(k) "Minor child head of household" means an emancipated minor
under the age of eighteen years;
(l) "Nonrecipient parent" means an adult or adults excluded or
disqualified by federal or state law from receiving cash
assistance;
(j) (m) "Personal responsibility contract" means a written
agreement entered into by the department and a beneficiary for
purposes of participation in the West Virginia Works Program;
(k) (n) "Secretary" means the secretary of the state
Department of Health and Human Resources;
(l) (o) "Subsidized employment" means employment with earnings
provided by an employer who receives a subsidy from the department
for the creation and maintenance of the employment position;
(m) (p) "Support services" includes, but is not limited to,
the following services: Child care; medicaid; transportation
assistance; information and referral; resource development services
which includes assisting families to receive child support and
supplemental security income; family support services which
includes parenting, budgeting and family planning; relocation
assistance; and mentoring services;
(q) "Temporary assistance to needy families" is the federal
program funded under Part A, Title IV of the Social Security Act,
codified at 42 U. S. C. §601, et. seq.
(n) (r) "Transitional assistance" may include medical
assistance, food stamp assistance, child care and supportive
services as defined by the secretary and as funding permits;
(s) "Two-parent family" means two parents with a common child
residing in the same household and included in a common West
Virginia Works grant payment or, two parents with a common child
residing in the same home and one or both of the parents are "work
eligible individuals", as that term is defined in this section, but
are excluded from the West Virginia Works payments unless the
exclusion is due to an exemption as provided in section eight of
this article.
(o) (t) "Unsubsidized employment" means employment with
earnings provided by an employer who does not receive a subsidy
from the department for the creation and maintenance of the
employment position;
(u) "Vocational educational training" means organized
educational programs, not to exceed twelve months for any
individual, that are directly related to the preparation of
individuals for employment in current or emerging occupations
requiring training other than a baccalaureate or advance degree.
(p) (v) "Work" means unsubsidized employment, subsidized
employment, work experience, community or personal development and
education and training; and
(w) "Work eligible individual" means an adult or minor child
head-of-household receiving assistance under the West Virginia
Works program or a nonrecipient parent living with a child
receiving the assistance; and
(q) (x) "Work experience" means unpaid structured work
activities that are provided in an environment where performance
expectations are similar to those existing in unsubsidized
employment and which provide training in occupational areas that
can realistically be expected to lead to unsubsidized employment a
publically assisted work activity, including work associated with
the refurbishing of publically assisted housing, performed in
return for program benefits that provide general skills, training,
knowledge and work habits necessary to obtain employment. This
activity must be supervised daily and on an ongoing basis by an
employer, work site sponsor or other responsible party.
§9-9-6. Program participation.
(a) Unless otherwise noted in this article, all adult
beneficiaries of cash assistance and work eligible individuals
shall participate in the West Virginia Works Program in accordance
with the provisions of this article. The level of participation,
services to be delivered and work requirements shall be defined
through legislative rules established by the secretary.
(b) Any individual exempt under the provisions of section
eight of this article may participate in the activities and
programs offered through the West Virginia Works Program.
(c) Support services other than cash assistance through the West Virginia Works Program may be provided to at-risk families to
assist in meeting the work requirements or to eliminate the need
for cash assistance.
(d) Cash assistance through the West Virginia works program
may be provided to an at-risk family if the combined family income,
as defined in subsection (h), section three of this article, is
below the income test levels established by the department, subject
to the following:
(1) Provided, That Any adult member of an at-risk family who
receives supplemental security income shall be excluded from the
benefit group;
(2) Provided, however, That, Within the limits of funds
appropriated therefor, an at-risk family that includes a married
man and woman and dependent children of either one or both may
receive an additional cash assistance benefit in an amount of one
hundred dollars or less; and
(3) Provided further, That An at-risk family shall receive an
additional cash assistance benefit in the amount of twenty-five
dollars regardless of the amount of child support collected in a
month on behalf of a child or children of the at-risk family, as
allowed by federal law.
§9-9-7. Work requirements.
(a) Unless otherwise exempted by the provisions of section
eight of this article, the West Virginia works program shall
require that anyone who possesses a high school diploma, or its
equivalent, or anyone who is of the age of twenty years or more, to work or attend an educational or training program for at least the
minimum number of hours per week required by federal law under the
work participation rate requirements for all families in order to
receive any form of cash assistance. Participation in any
education or training activity, as defined in section three of this
article, shall be counted toward satisfaction of the work
requirement imposed by this section to the extent permissible under
federal law and regulation: Provided, That the participant
demonstrates adequate progress toward completion of the program.
Provided, however, That participants who are enrolled in
post-secondary courses leading to a two- or four-year degree may be
required to engage in no more than ten hours per week of federally
defined work activities, unless the department certifies that
allowing education to count toward required work activities would
affect the state's ability to meet federal work participation
rates. In accordance with federal law or regulation, the work,
education and training requirements of this section are waived for
any qualifying participant with a child under six years of age if
the participant is unable to obtain appropriate and available child
care services.
(b) The department and representatives of all college and
university systems of West Virginia the Higher Education Policy
Commission and the West Virginia Council for Community and
Technical College Education shall develop and implement a plan to
use and expand the programs available at the state's community and
technical colleges, colleges and universities to assist beneficiaries or participants who are enrolled or wish to become
enrolled in two and four-year degree programs of post-secondary
education to meet the work requirements of this section vocational
educational training not to exceed twelve months with respect to
any individual to meet the work requirements of this section.
Vocational educational training shall be supervised daily and on an
ongoing basis.
§9-9-8. Exemptions.
The secretary shall establish by rule categories of persons
exempt, but the exemption applies only to the work requirements of
the program: Provided, That a person who is exempt from the work
requirements may nevertheless participate voluntarily in work
activities. The categories of exemption shall include, but are not
limited to, the following:
(a) A parent caring for a dependent child with a
life-threatening illness;
(b) Individuals over the age of sixty years;
(c) Full-time students who are less than twenty years of age
and are pursuing a high school diploma or its equivalent;
(d) Persons with a physical or mental incapacity or persons
suffering from a temporary debilitating injury lasting more than
thirty days, as defined by the secretary;
(e) Relatives providing in-home care for an individual who
would otherwise be institutionalized; and
(f) Any beneficiary who has a child in his or her at-risk
family which has not attained twelve months of age, for a period of six months, and for a period of six months upon the birth of any
additional child: Provided, That no more than one beneficiary in
an at-risk family may be exempt at the same time. The categories
of exemptions are limited to the following:
(1) Undocumented aliens and aliens under the five-year ban;
(2) Parents, or at state option on a case-by-case basis,
anyone receiving supplemental security income;
(3) A parent who is providing medically necessary care for a
disabled family member who resides in the home and is not a full-
time student;
(4) Minor parents who are not head of household;
(5) Spouses of the head of household; and
(6) Grandparents and other nonparental caretakers.
§9-9-9. Personal responsibility contract.
(a) (1) Every eligible adult beneficiary and work eligible
individual shall participate in a program orientation, family
assessments and in the development, and subsequent revisions, of a
personal responsibility contract. The contract shall be defined
based on the program time limits, support services available, work
requirements and family assessments.
(2) The participant's contract shall include the following
requirements:
(A) That the participant develop and maintain, with the
appropriate health care provider, a schedule of preventive care for
his or her dependent child or children, including routine
examinations and immunizations;
(B) Assurance of school attendance for school-age children
under his or her care;
(C) Assurance of properly supervised child care, including
after-school care;
(D) Establishment of paternity or active pursuit of child
support, or both, if applicable and if considered necessary; and
(E) Nutrition or other counseling, parenting or family-
planning classes.
(3) If the participant is a teenage parent, he or she may
work, but the contract shall include the requirements that the
participant:
(A) Remain in an educational activity to complete high school,
obtain a general equivalency diploma or obtain vocational training
and make satisfactory scholastic progress;
(B) Attend parenting classes or participate in a mentorship
program, or both, if appropriate; and
(C) Live at home with his or her parent or guardian or in some
other adult-supervised arrangements if he or she is an
unemancipated minor.
(4) If the participant is under the age of twenty years and
does not have a high school diploma or its equivalent, the contract
shall include requirements to participate in mandatory education or
training which, if the participant is unemployed, may include a
return to high school, with satisfactory scholastic progress
required.
(b) In order to receive cash assistance, the participant shall enter into a personal responsibility contract. If the participant
refuses to sign the personal responsibility contract, the
participant and family members are ineligible to receive cash
assistance: Provided, That a participant who alleges that the
terms of a personal responsibility contract are inappropriate based
on his or her individual circumstances may request and shall be
provided a fair and impartial hearing in accordance with
administrative procedures established by the department and due
process of law. A participant who signs a personal responsibility
contract or complies with a personal responsibility contract does
not waive his or her right to request and receive a hearing under
this subsection.
(c) Personal responsibility contracts shall be drafted by the
department on a case-by-case basis; take into consideration the
individual circumstances of each beneficiary; reviewed and
reevaluated periodically, but not less than on an annual basis;
and, in the discretion of the department, amended on a periodic
basis.
§9-9-21. West Virginia Works Separate State College Program;
eligibility; special revenue account.
(a) There is established the West Virginia Works Separate
State College Program. The program shall provide funding for
participants who are enrolled in post-secondary courses leading to
a two- or four-year degree. There is created within the State
Treasury a special revenue account to be known as the West Virginia
Works Separate State College Program Fund. Expenditures from the fund shall be for the purposes set forth in this section and are
not authorized from collections but are to be made only in
accordance with appropriations by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions of article two, chapter
eleven-b of this code. Necessary expenditures include wage
reimbursements to participating employers, temporary assistance to
needy families, payments for support services, employment-related
child care payments, transportation expenses and administrative
costs directly associated with the operation of the program.
(b) All eligible adults attending post-secondary courses
leading to a two- or four-year degree and who are not participating
in vocational education training, as that term is defined in this
article, shall be enrolled in the West Virginia Works Separate
State College Program. Participants in the program shall not be
required to engage in more than ten hours per week of federally
defined work activities. The work, education and training
requirements of this article are waived for any qualifying
participant with a child under six years of age if the participant
is unable to obtain appropriate and available child care services.
All other requirements of West Virginia Works apply to program
administration for adults enrolled in the program.
(c) The Department of Health and Human Resources shall work
with the Higher Education Policy Commission, as set forth in
article one-b, chapter eighteen-b of this code, and the Council for
Community and Technical College Education, as set forth in article two-b, chapter eighteen-b of this code, to develop and implement a
plan to use and expend funds for the programs available at the
state's community and technical colleges and colleges and
universities to assist participants who are enrolled, or wish to
become enrolled, in two- and four-year degree programs of
post-secondary education to meet the work requirements of this
article.
§9-9-22. West Virginia Works Separate State Two-Parent Families
Program.
(a) There is established the West Virginia Works Separate
State Two-Parent Families Program. The program shall provide
funding for participants who are a two-parent family as that term
is defined in this article. There is created within the State
Treasury a special revenue account to be known as the West Virginia
Works Separate State Two-Parent Program Fund. Expenditures from
the fund shall be for the purposes set forth in this section and
are not authorized from collections but are to be made only in
accordance with appropriations by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions of article two, chapter
eleven-b of this code. Necessary expenditures include wage
reimbursements to participating employers, temporary assistance to
needy families, payments for support services, employment-related
child care payments, transportation expenses and administrative
costs directly associated with the operation of the program.
(b) All eligible two parent families, as that term is defined in this article, shall enroll in the West Virginia Works Separate
State Two-Parent Families Program. All requirements of West
Virginia Works shall apply to program administration for two-parent
families enrolled in the program.