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Engrossed Version Senate Bill 140 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 140

(By Senators Tomblin, Mr. President, and Boley,

By Request of the Executive)

____________

[Originating in the Committee on Health and Human Resources;

reported February 28, 1996.]

____________


A BILL to amend chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine, relating to the West Virginia works program for welfare assistance to at-risk families; food stamp recipients and emergency assistance recipients; short title; legislative findings; program goals; definitions; appointment of director; authorization for program, permitting establishment as pilot projects, authorizing the request for federal waivers, making the program implementation subject to appropriation of funds; creating the "West Virginia works program fund"; defining mandatory and voluntary program participation; eligibility for program participation; requiring participants to work, attend school or a training program; exemptions from work requirements; requiring all participants to sign a personal responsibility contract and defining required provisions; time limits for program participation; sanctions; emergency assistance loans in lieu of monthly cash assistance; employer subsidy for employment; transitional assistance; requiring interagency coordination; requiring intergovernmental coordination and the use of existing state facilities and county transportation systems for program implementation; authorizing the director to contract with community organizations to develop support services; and relationship with other law.

Be it enacted by the Legislature of West Virginia:
That chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article nine, to read as follows:
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM.
§9-9-1. Short title.
This article may be cited as the "WV WORKS Act".
§9-9-2. Legislative findings; purpose.
(a) The Legislature hereby finds that:
(1) At-risk families are capable of becoming self- supporting;
(2) A reformed assistance program should both expect and assist a parent and caretaker-relatives in at-risk families to support their dependent children;
(3) Every parent or caretaker-relative can exhibit responsible patterns of behavior so as to be a positive role model;
(4) Every parent or caretaker-relative who receives welfare assistance has a responsibility to participate in an activity to help them prepare for, obtain and maintain gainful employment;
(5) For a parent or caretaker-relative who receives welfare assistance and for whom full-time work is not feasible, participation in some activity is expected to further themselves, their family or their community;
(6) The state should promote the value of work and the capabilities of individuals;
(7) Job development efforts should enhance the employment opportunities of participants;
(8) An effective public education system is the key to long- term self-support; and
(9) A reformed assistance program should be structured to achieve a clear set of outcomes; deliver services in an expedient, effective and efficient manner; maximize community support for participants; and demonstrate budget neutrality over five years. After five years, there is expected to be a decrease in the: (i) The number of persons receiving public assistance; (ii) the amount of time an individual remains on public assistance; and (iii) the amount of money spent in the West Virginia works program.
(b) The goals of the program are to achieve more efficient and effective use of public assistance funds; reduce dependency on public programs by promoting self-sufficiency; and structure the assistance programs to emphasize employment and personal responsibility. The program is to be evaluated on the increase in employment rates in the program areas; the completion of educational and training programs; the increased compliance in preventive health activities, including immunizations; and a decrease in the case-load of division personnel.
§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, the following words and terms when used in this article have the following meanings unless the context clearly indicates differently:
(a) "At-risk family" means a household consisting of a dependent minor child or children and their parent, stepparent or caretaker-relative living below the federally designated poverty level and lacking the resources to become self-supporting;
(b) "Community or personal development" means activities designed to eliminate barriers 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;
(c) "Department" means the state department of health and human resources;
(d) "Division" means the division of human services;
(e) "Director" means the director of the West Virginia works program;
(f) "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 shall not include earnings of minor children in school, payments received from earned income tax credit or tax refunds;
(g) "Secretary" means the secretary of the state department of health and human resources;
(h) "Subsidized employment" means employment with earnings for which the employer is subsidized;
(i) "Support services" means, but is not limited to, the following services: Child care; medicaid; transportation assistance; information and referral; resource development which is assisting families to receive child support enforcement and supplemental social security income; family support services which is parenting, budgeting and family planning; relocation assistance; and mentoring services;
(j) "Supported employment" means employment with earnings, after mandatory deductions, that provides a level of income that does not allow an at-risk family to exist independent of government support such that supplemental cash assistance, child care subsidies, food stamps, subsidized housing or other assistance may be provided as necessary for a period of time;
(k) "Unsubsidized employment" means employment with earnings, after mandatory deductions, that provides a level of income that allows a family to become completely independent of government support;
(l) "Work" means unsubsidized employment, subsidized employment, employment with support, work experience or community or personal development; and
(m) "Work experience" means unpaid structured work activities that mirror unsubsidized employment and provide training in occupational areas that can realistically be expected to lead to unsubsidized employment.
§9-9-3a. Appointment of director.
The director of the West Virginia works program shall be appointed by the governor, with the advice and consent of the Senate.
§9-9-4. Authorization for program.
The state director of the West Virginia works program shall conduct the West Virginia works program in accordance with this article and any applicable waivers from the secretary of the federal department of health and human services and the secretary of the federal department of agriculture.
Notwithstanding any provision of the law to the contrary, the director shall implement the West Virginia works program as soon as possible, but no later than three months after it receives federal waiver approval and sufficient funds.
The director shall submit federal waiver proposals to permit this state to limit the duration of assistance to adults, increase the asset test to five thousand dollars, to disregard the restriction that limits the primary wage earner to working less than one hundred hours per month and to eliminate the requirement of recent attachment to the work force.
The director may establish the program as one or more pilot projects to test the policy being evaluated. Any pilot project so established is to be consistent with the principles and goals set forth in this act. The director shall determine the counties in which to implement the provisions of this program, considering a fair representation of both rural and urban areas, and may vary the program components to test the effectiveness, efficiency and fiscal impact of each prior to statewide implementation. The director is to structure the pilot program, or programs, to include a minimum of fifteen percent of the population that qualifies for participation state-wide.
The West Virginia works program authorized pursuant to this act does not create an entitlement to that program or any services offered within that program, unless entitlement is created pursuant to a federal law or regulation. The West Virginia works program, and each component of that program established by this act or the expansion of any component established pursuant to federal law or regulation, is subject to the annual appropriation of funds by the Legislature and the corresponding federal financial participation moneys.
§9-9-5. West Virginia works program fund.
There is hereby created a special account within the state treasury to be known as the "West Virginia Works Program Fund". Expenditures from the fund shall be used exclusively to meet the necessary expenditures of the program, including wage reimbursements to participating employers, aid to dependent children cash grants, employment-related day care payments, transportation expenses and administrative costs directly associated with the operation of the program. Moneys paid into the account shall be from specific appropriations by the Legislature and the corresponding federal financial participation moneys.
§9-9-6. Program participation.
(a) Mandatory. -- Unless otherwise noted in this article, all adult recipients of food stamp benefits, emergency assistance or adult members of an "at-risk family" shall be required to 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 within the terms of the personal responsibility contract.
(b) Voluntary. -- To the extent funding permits, 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.
§9-9-7. Work requirements

.

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 a minimum of twenty hours per week to receive any form of welfare assistance. In accordance with federal law or regulation, the work, education and training requirements of this section are waived for any qualifying participant if day care services are not available. In order for any participant to receive welfare assistance, he or she shall enter into personal responsibility contracts pursuant to the provisions of section nine of this article.
§9-9-8. Exemptions.
The following categories of public assistance recipients shall be exempt from the work requirements of the program, but may be required to develop a personal responsibility contract:
(a) A parent caring for a dependent child with a life- threatening illness;
(b) Individuals over the age of sixty years;
(c) Persons working thirty or more hours per week;
(d) Full-time students that are less than twenty years of age and are pursuing a high school diploma or equivalent;
(e) Persons with disabilities, physical or mental, that substantially limit one or more major life activities;
(f) Individuals suffering from a temporary debilitating injury. For purposes of this section, the injury must cause the temporary disability for more than thirty days;
(g) Relatives providing in-home care for an individual that would otherwise be institutionalized; and
(h) Any woman during the last trimester of pregnancy and the first six months after the birth of the child but in no case shall the woman be exempt from the work requirements for more than a total of six months: Provided, That, in the case of the birth of the first child to said woman after said woman first becomes a public assistance recipient, the woman shall be exempt for the first three years after the birth of said child.
§9-9-9. Personal responsibility contract.
(a) Every eligible adult participant shall participate in the development, and subsequent revisions, of a personal responsibility contract. The contract shall be defined based on the assessed needs of the participant.
(1) If the participant has a recent attachment to the work force, the contract shall include provisions regarding required job search activities, identified support services, level of benefits requested and time limitation.
(2) If the participant does not have a recent attachment to the work force, the contract shall identify the evaluation or testing activities, and/or job training activities necessary prior to job search activities, identified support services, benefits requested and time limitation.
(3) If it is determined that the participant is not able to obtain or maintain gainful employment, the contract shall contain appropriate provisions defining the activities that benefit the participant, their family or their community.
(4) If the participant is a parent or caretaker-relative, the contract shall include the requirement that the participant develop and maintain, with the appropriate health care provider, a schedule of preventive care for their dependent child, including routine examinations and immunizations; and establish paternity or actively pursue child support, or both, if applicable.
(5) If the participant is a parent or caretaker-relative who must remove barriers prior to employment, the contract shall include a list of the identified barriers and an individual plan for removing the same.
(6) If the participant is a teenage parent, the participant may work and the contract shall include the requirements that the participant:
(A) Remain in an educational activity to complete high school, obtain a general equivalent diploma or obtain vocational training;
(B) Attend parenting classes or participate in a mentorship program, or both; and
(C) Live at home or in other adult supervised arrangements if they are unemancipated minor parents; and
(7) If the participant is under the age of twenty years and does not have a high school education or its equivalent, the contract shall include requirements to participate in mandatory education or training, which may include a return to high school if the participant is unemployed.
(b) The participant shall have up to thirty days from approval of application to develop the personal responsibility contract. If the participant refuses to sign the personal responsibility contract, the department shall stop all benefits and services until the participant complies with this section.
§9-9-10. Participation limitation; exceptions.
The length of time a participant may receive West Virginia works program benefits shall be defined in the personal responsibility contract: Provided, That no participant may receive benefits for a period longer than sixty months, except in circumstances as defined by legislative rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
§9-9-11. Sanctions.
(a) Any adult required to participate in the West Virginia works program shall be sanctioned, in accordance with due process, for failure to meet the various requirements as set forth in the individualized personal responsibility contract. The program shall impose:
(1) For the first noncompliance, a one-third reduction of benefits for three months;
(2) For the second noncompliance, a two-thirds reduction in benefits for three months; and
(3) For the third noncompliance, a termination of benefits.
(b) If compliance occurs within ten days of notice of the sanction, the reduction in benefits shall not be imposed, but the noncompliance shall count in determining the level of sanction to be imposed for any future noncompliance. Once a reduction in benefits is in effect, it shall remain in effect for the entire three months. A reduction of benefits applies to both cash assistance and support services. If benefits are terminated, benefits may not be provided until the noncompliance that caused the termination has been rectified or excused.
§9-9-12. Emergency assistance loans in lieu of monthly cash assistance.

In order to encourage at-risk families not to apply for ongoing monthly cash assistance from the state, the director may issue one-time emergency assistance loans to families in an amount not to exceed three months of cash assistance in order to enable such families to become immediately self-supporting: Provided, That if within one year of receiving the loan a family subsequently applies for monthly cash assistance, the director shall recover the amount remaining unpaid on the loan from future monthly cash assistance payments: Provided, however, That one half of the amount of the loan may be forgiven after the recipient has been employed in unsubsidized employment for one year and the full amount of the loan may be forgiven after two years of unsubsidized employment.
§9-9-13. Subsidized employment.
To the extent resources are available, an employer may be paid a subsidy by the director for the employment of a parent or caretaker-relative of an at-risk family if the employer agrees to hire the works program participant at the end of the subsidized period. If the employer does not hire the participant at the end of the subsidized period, the director shall not use that employer for subsidized employment for the next twelve months.
§9-9-14. Transitional assistance.
The West Virginia works program may provide transitional assistance in the form of supportive services and allow at-risk families to retain a portion of their cash assistance when they have earnings below fifty percent of the federally designated poverty level. For those at-risk families with earnings between fifty and one hundred percent of the federally designated poverty level, supportive services may be continued.
§9-9-15. Interagency coordination.
The Legislature encourages the development of a system of coordinated services, shared information and stream-lined application procedures between the program and the other agencies within the department to implement the provisions of this article. The director shall require the coordination of activities between the program and the following agencies:
(a) The child support enforcement division for the purpose of establishing paternity, promoting cooperation in the pursuit of child support, encouraging noncustodial parents to get job search assistance and determining eligibility for cash assistance and support services;
(b) The bureau of public health for the purpose of determining appropriate immunization schedules, delivery systems and verification procedures; and
(c) The bureau of medical services for the purpose of reporting eligibility for medical assistance and transitional benefits.
The director may require the coordination of procedures and services with any other agency he or she deems necessary to implement this program.
The director shall promulgate any rules, including emergency rules, necessary for the coordination of various agency activities in the implementation of this section.
§9-9-16. Intergovernmental coordination.
The commissioner of the bureau of employment programs and the superintendent of the department of education shall assist the director in the establishment of the West Virginia works program. Prior to implementation of this program, each department shall address in their respective plans the method in which their respective resources will be devoted to facilitate the identification of or delivery of services for participants and shall coordinate their respective programs with the division in the provision of services to participants and their families. Each county board of education shall designate a person to coordinate with the local department of health and human resources office the board's services to participant families and that person shall work to achieve coordination at the local level.
The director, the secretary of the state department of health and human resources and the superintendent shall develop a plan for program implementation to occur with the use of existing state facilities and county transportation systems within the project areas whenever practicable. This agreement shall include, but not be limited to, the use of buildings, grounds and buses. Whenever possible, the supportive services, education and training programs should be offered at the existing school facilities.
The commissioner shall give priority to participants of the works program within the various programs of the bureau of employment programs. The secretary and the commissioner shall develop reporting and monitoring mechanisms between their respective agencies.
§9-9-17. Public-private partnerships.
The director is authorized to enter into agreements with any private, nonprofit, charitable or religious organizations to promote the development of the community support services necessary for the effective implementation of this program.
§9-9-18. Relationship with other law.
If any provision of this article conflicts with any other provision of this code or rules, the provisions of this article shall supersede such provisions: Provided, That the provisions of this article shall not supersede any provisions which are required or mandated by federal law.

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