Senate Bill sb1926
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Florida Senate - 2007 SB 1926
By the Committee on Commerce
577-723B-07
1 A bill to be entitled
2 An act relating to workforce services; amending
3 s. 445.009, F.S.; revising certain requirements
4 for the one-stop delivery system of employment
5 services; deleting a requirement that regional
6 workforce boards enter into memoranda of
7 understanding with the Agency for Workforce
8 Innovation for the delivery of certain
9 services; deleting a requirement that the
10 agency have authority to direct the staff of
11 the workforce system; amending s. 445.024,
12 F.S., relating to work activities for
13 participants in the temporary cash assistance
14 program; revising definitions to conform to the
15 federal law governing work requirements;
16 revising certain requirements for and duties of
17 the regional workforce boards with respect to
18 work requirements for program participants;
19 amending s. 445.032, F.S.; clarifying
20 circumstances under which transitional child
21 care is available to former participants in the
22 welfare transition program and certain other
23 individuals; amending s. 402.305, F.S.,
24 relating to licensing standards; conforming
25 cross-references; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (3) of section 445.009, Florida
30 Statutes, is amended to read:
31 445.009 One-stop delivery system.--
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1 (3) Beginning October 1, 2000, regional workforce
2 boards shall enter into a memorandum of understanding with the
3 Agency for Workforce Innovation for the delivery of employment
4 services authorized by the federal Wagner-Peyser Act. This
5 memorandum of understanding must be performance based.
6 (a) Unless otherwise required by federal law, at least
7 90 percent of the Wagner-Peyser funding must go into direct
8 customer service costs.
9 (b) Employment services funded by the federal
10 Wagner-Peyser Act must be provided by through the one-stop
11 delivery system, under the guidance of the one-stop delivery
12 system operators. Unless otherwise required by federal law, at
13 least 90 percent of the Wagner-Peyser funding must go into
14 direct customer service costs. One-stop delivery system
15 operators shall have overall authority for directing the staff
16 of the workforce system. Personnel matters shall remain under
17 the ultimate authority of the Agency for Workforce Innovation.
18 However, the one-stop delivery system operator shall submit to
19 the agency information concerning the job performance of
20 agency employees who deliver employment services. The agency
21 shall consider any such information submitted by the one-stop
22 delivery system operator in conducting performance appraisals
23 of the employees.
24 (c) The agency shall retain fiscal responsibility and
25 accountability for the administration of funds allocated to
26 the state under the Wagner-Peyser Act. An agency employee who
27 is providing services authorized under the Wagner-Peyser Act
28 shall be paid using Wagner-Peyser Act funds.
29 Section 2. Section 445.024, Florida Statutes, is
30 amended to read:
31 445.024 Work requirements.--
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1 (1) WORK ACTIVITIES.--The Agency for Workforce
2 Innovation may develop activities under each of the following
3 categories of work activities. The following categories of
4 work activities, based on federal law and regulations, may be
5 used individually or in combination to satisfy the work
6 requirements for a participant in the temporary cash
7 assistance program. The work activities must meet the
8 respective federal definitions.:
9 (a) Unsubsidized employment;.--Unsubsidized employment
10 is full-time employment or part-time employment that is not
11 directly supplemented by federal or state funds. Paid
12 apprenticeship and cooperative education activities are
13 included in this activity.
14 (b) Subsidized private-sector private sector
15 employment;.--Subsidized private sector employment is
16 employment in a private for-profit enterprise or a private
17 not-for-profit enterprise which is directly supplemented by
18 federal or state funds. A subsidy may be provided in one or
19 more of the forms listed in this paragraph.
20 1. Work supplementation.--A work supplementation
21 subsidy diverts a participant's temporary cash assistance
22 under the program to the employer. The employer must pay the
23 participant wages that equal or exceed the applicable federal
24 minimum wage. Work supplementation may not exceed 6 months. At
25 the end of the supplementation period, the employer is
26 expected to retain the participant as a regular employee
27 without receiving a subsidy. A work supplementation agreement
28 may not be continued with any employer who exhibits a pattern
29 of failing to provide participants with continued employment
30 after the period of work supplementation ends.
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1 2. On-the-job training.--On-the-job training is
2 full-time, paid employment in which the employer or an
3 educational institution, in cooperation with the employer,
4 provides training needed for the participant to perform the
5 skills required for the position. The employer or the
6 educational institution on behalf of the employer receives a
7 subsidy to offset the cost of the training provided to the
8 participant. Upon satisfactory completion of the training, the
9 employer is expected to retain the participant as a regular
10 employee without receiving a subsidy. An on-the-job training
11 agreement may not be continued with any employer who exhibits
12 a pattern of failing to provide participants with continued
13 employment after the on-the-job training subsidy ends.
14 3. Incentive payments.--Regional workforce boards may
15 provide additional incentive payments to encourage employers
16 to employ program participants. Incentive payments may include
17 payments to encourage the employment of hard-to-place
18 participants, in which case the amount of the payment shall be
19 weighted proportionally to the extent to which the participant
20 has limitations associated with the long-term receipt of
21 welfare and difficulty in sustaining employment. Incentive
22 payments may also include payments to encourage employers to
23 provide health care insurance benefits to current or former
24 program participants. In establishing incentive payments,
25 regional workforce boards shall consider the extent of prior
26 receipt of welfare, lack of employment experience, lack of
27 education, lack of job skills, and other appropriate factors.
28 A participant who has complied with program requirements and
29 who is approaching the time limit for receiving temporary cash
30 assistance may be defined as "hard to place." Incentive
31 payments may include payments in which an initial payment is
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1 made to the employer upon the employment of a participant, and
2 the majority of the incentive payment is made after the
3 employer retains the participant as a full-time employee for
4 at least 12 months. An incentive agreement may not be
5 continued with any employer who exhibits a pattern of failing
6 to provide participants with continued employment after the
7 incentive payments cease.
8 4. Tax credits.--An employer who employs a program
9 participant may qualify for enterprise zone property tax
10 credits under s. 220.182, the tax refund program for qualified
11 target industry businesses under s. 288.106, or other federal
12 or state tax benefits. The regional workforce board shall
13 provide information and assistance, as appropriate, to use
14 such credits to accomplish program goals.
15 5. Training bonus.--An employer who hires a
16 participant in the welfare transition program and pays the
17 participant a wage that precludes the participant's
18 eligibility for temporary cash assistance may receive $250 for
19 each full month of employment for a period that may not exceed
20 3 months. An employer who receives a training bonus for an
21 employee may not receive a work supplementation subsidy for
22 the same employee. "Employment" is defined as 35 hours per
23 week at a wage of no less than minimum wage.
24 (c) Subsidized public-sector public sector
25 employment;.--Subsidized public sector employment is
26 employment by an agency of the federal, state, or local
27 government which is directly supplemented by federal or state
28 funds. The applicable subsidies provided under paragraph (b)
29 may be used to subsidize employment in the public sector,
30 except that priority for subsidized employment shall be
31 employment in the private sector. Public sector employment is
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1 distinguished from work experience in that the participant is
2 paid wages and receives the same benefits as a nonsubsidized
3 employee who performs similar work. Work-study activities
4 administered by educational institutions are included in this
5 activity.
6 (d) On-the-job training;
7 (e)(d) Community service programs work
8 experience;.--Community service work experience is job
9 training experience at a supervised public or private
10 not-for-profit agency. A participant shall receive temporary
11 cash assistance in the form of wages, which, when combined
12 with the value of food stamps awarded to the participant, is
13 proportional to the amount of time worked. A participant in
14 the welfare transition program or the Food Stamp Employment
15 and Training program assigned to community service work
16 experience shall be deemed an employee of the state for
17 purposes of workers' compensation coverage and is subject to
18 the requirements of the drug-free workplace program. Community
19 service work experience may be selected as an activity for a
20 participant who needs to increase employability by improving
21 his or her interpersonal skills, job-retention skills, stress
22 management, and job problem solving, and by learning to attain
23 a balance between job and personal responsibilities. Community
24 service is intended to:
25 1. Assess compliance with requirements of the welfare
26 transition program before referral of the participant to
27 costly services such as career education;
28 2. Maintain work activity status while the participant
29 awaits placement into paid employment or training;
30 3. Fulfill a clinical practicum or internship
31 requirement related to employment; or
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1 4. Provide work-based mentoring.
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3 As used in this paragraph, the terms "community service
4 experience," "community work," and "workfare" are synonymous.
5 (f)(e) Work experience;.--Work experience is an
6 appropriate work activity for participants who lack
7 preparation for or experience in the workforce. It must
8 combine a job training activity in a public or private
9 not-for-profit agency with education and training related to
10 an employment goal. To qualify as a work activity, work
11 experience must include education and training in addition to
12 the time required by the work activity, and the work activity
13 must be intensively supervised and structured. Regional
14 workforce boards shall contract for any services provided for
15 clients who are assigned to this activity and shall require
16 performance benchmarks, goals, outcomes, and time limits
17 designed to assure that the participant moves toward full-time
18 paid employment. A participant shall receive temporary cash
19 assistance proportional to the time worked. A participant
20 assigned to work experience is an employee of the state for
21 purposes of workers' compensation coverage and is subject to
22 the requirements of the drug-free workplace program.
23 (g)(f) Job search and job readiness assistance;.--Job
24 search assistance may include supervised or unsupervised
25 job-seeking activities. Job readiness assistance provides
26 support for job-seeking activities, which may include:
27 1. Orientation to the world of work and basic
28 job-seeking and job retention skills.
29 2. Instruction in completing an application for
30 employment and writing a resume.
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1 3. Instruction in conducting oneself during a job
2 interview, including appropriate dress.
3 4. Instruction in how to retain a job, plan a career,
4 and perform successfully in the workplace.
5
6 Job readiness assistance may also include providing a
7 participant with access to an employment resource center that
8 contains job listings, telephones, facsimile machines,
9 typewriters, and word processors. Job search and job readiness
10 activities may be used in conjunction with other program
11 activities, such as work experience, but may not be the
12 primary work activity for longer than the length of time
13 permitted under federal law.
14 (h)(g) Vocational educational career education or
15 training;.--Career education or training is education or
16 training designed to provide participants with the skills and
17 certification necessary for employment in an occupational
18 area. Career education or training may be used as a primary
19 program activity for participants when it has been determined
20 that the individual has demonstrated compliance with other
21 phases of program participation and successful completion of
22 the career education or training is likely to result in
23 employment entry at a higher wage than the participant would
24 have been likely to attain without completion of the career
25 education or training. Career education or training may be
26 combined with other program activities and also may be used to
27 upgrade skills or prepare for a higher paying occupational
28 area for a participant who is employed.
29 1. Unless otherwise provided in this section, career
30 education shall not be used as the primary program activity
31 for a period which exceeds 12 months. The 12-month restriction
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1 applies to instruction in a career education program and does
2 not include remediation of basic skills, including English
3 language proficiency, if remediation is necessary to enable a
4 participant to benefit from a career education program. Any
5 necessary remediation must be completed before a participant
6 is referred to career education as the primary work activity.
7 In addition, use of career education or training shall be
8 restricted to the limitation established in federal law.
9 Career education included in a program leading to a high
10 school diploma shall not be considered career education for
11 purposes of this section.
12 2. When possible, a provider of career education or
13 training shall use funds provided by funding sources other
14 than the regional workforce board. The regional workforce
15 board may provide additional funds to a career education or
16 training provider only if payment is made pursuant to a
17 performance-based contract. Under a performance-based
18 contract, the provider may be partially paid when a
19 participant completes education or training, but the majority
20 of payment shall be made following the participant's
21 employment at a specific wage or job retention for a specific
22 duration. Performance-based payments made under this
23 subparagraph are limited to education or training for targeted
24 occupations identified by the Workforce Estimating Conference
25 under s. 216.136, or other programs identified by Workforce
26 Florida, Inc., as beneficial to meet the needs of designated
27 groups who are hard to place. If the contract pays the full
28 cost of training, the community college or school district may
29 not report the participants for other state funding.
30 (i)(h) Job skills training directly related to
31 employment;.--Job skills training includes customized training
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1 designed to meet the needs of a specific employer or a
2 specific industry. Job skills training shall include literacy
3 instruction, and may include English proficiency instruction
4 or Spanish language or other language instruction if necessary
5 to enable a participant to perform in a specific job or job
6 training program or if the training enhances employment
7 opportunities in the local community. A participant may be
8 required to complete an entrance assessment or test before
9 entering into job skills training.
10 (j)(i) Education directly related to employment;
11 services related to employment for participants 19 years of
12 age or younger.--Education services provided under this
13 paragraph are designed to prepare a participant for employment
14 in an occupation. The agency shall coordinate education
15 services with the school-to-work activities provided under s.
16 1006.02. Activities provided under this paragraph are
17 restricted to participants 19 years of age or younger who have
18 not completed high school or obtained a high school
19 equivalency diploma.
20 (k) Satisfactory attendance at secondary school or in
21 a course of study leading to a graduate equivalency diploma;
22 or
23 (j) School attendance.--Attendance at a high school or
24 attendance at a program designed to prepare the participant to
25 receive a high school equivalency diploma is a required
26 program activity for each participant 19 years of age or
27 younger who:
28 1. Has not completed high school or obtained a high
29 school equivalency diploma;
30 2. Is a dependent child or a head of household; and
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1 3. For whom it has not been determined that another
2 program activity is more appropriate.
3 (k) Teen parent services.--Participation in medical,
4 educational, counseling, and other services that are part of a
5 comprehensive program is a required activity for each teen
6 parent who participates in the welfare transition program.
7 (l) Extended education and training.--Notwithstanding
8 any other provisions of this section to the contrary, the
9 board of directors of Workforce Florida, Inc., may approve a
10 plan by a regional workforce board for assigning, as work
11 requirements, educational activities that exceed or are not
12 included in those provided elsewhere in this section and that
13 do not comply with federal work participation requirement
14 limitations. In order to be eligible to implement this
15 provision, a regional workforce board must continue to exceed
16 the overall federal work participation rate requirements. For
17 purposes of this paragraph, the board of directors of
18 Workforce Florida, Inc., may adjust the regional participation
19 requirement based on regional caseload decline. However, this
20 adjustment is limited to no more than the adjustment produced
21 by the calculation used to generate federal adjustments to the
22 participation requirement due to caseload decline.
23 (m) GED preparation and literacy
24 education.--Satisfactory attendance at secondary school or in
25 a course of study leading to a graduate equivalency diploma,
26 if a participant has not completed secondary school or
27 received such a diploma. English language proficiency
28 training may be included as a part of the education if it is
29 deemed the individual requires such training to complete
30 secondary school or to attain a graduate equivalency diploma.
31 To calculate countable hours attributable to education, a
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1 participant may earn study credits equal to the number of
2 actual hours spent in formal training per week, but the total
3 number of hours earned for actual hours spent in formal
4 training and studying may not exceed a one to one and one-half
5 ratio for the week. Countable hours are subject to the
6 restrictions contained in 45 C.F.R. s. 261.31.
7 (l)(n) Providing child care services.--Providing child
8 care services to an individual who is participating in a
9 community service program pursuant to this section.
10 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
11 is not otherwise exempt from work activity requirements must
12 participate in a work activity, except for community service
13 work experience, for the maximum number of hours allowable
14 under federal law; however, a, provided that no participant
15 may not be required to work more than 40 hours per week or
16 less than the minimum number of hours required by federal law.
17 The maximum number of hours each month that a family
18 participant may be required to participate in community
19 service or work experience programs activities is the greater
20 of: the number of hours that would result from dividing the
21 family's monthly amount for temporary cash assistance and food
22 stamps by the applicable federal minimum wage and then
23 dividing that result by the number of participants in the
24 family who participate in community service activities, or the
25 minimum required to meet federal participation requirements.
26 However, in no case shall the maximum hours required per week
27 for community service or work experience may not exceed 40
28 hours. An applicant shall be referred for employment at the
29 time of application if the applicant is eligible to
30 participate in the welfare transition program.
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1 (a) A participant in a work activity may also be
2 required to enroll in and attend a course of instruction
3 designed to increase literacy skills to a level necessary for
4 obtaining or retaining employment if, provided that the
5 instruction plus the work activity does not require more than
6 40 hours per week.
7 (b) Program funds may be used, as available, to
8 support the efforts of a participant who meets the work
9 activity requirements and who wishes to enroll in or continue
10 enrollment in an adult general education program or other
11 training programs a career education program.
12 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
13 following individuals are exempt from work activity
14 requirements:
15 (a) A minor child under 16 years of age.
16 (a)(b) An individual who receives benefits under the
17 Supplemental Security Income program or the Social Security
18 Disability Insurance program.
19 (b)(c) Adults who are not defined as work-eligible
20 individuals under federal law included in the calculation of
21 temporary cash assistance in child-only cases.
22 (c)(d) A single One custodial parent of with a child
23 under 3 months of age, except that the parent may be required
24 to attend parenting classes or other activities to better
25 prepare for the responsibilities of raising a child. If the
26 custodial parent is 19 years of age or younger and has not
27 completed high school or the equivalent, he or she may be
28 required to attend school or other appropriate educational
29 activities.
30 (d)(e) An individual who is exempt from the time
31 period pursuant to s. 414.105.
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1 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
2 workforce boards shall require participation in work
3 activities to the maximum extent possible, subject to federal
4 and state funding. If funds are projected to be insufficient
5 to allow full-time work activities by all program participants
6 who are required to participate in work activities, regional
7 workforce boards shall screen participants and assign priority
8 based on the following:
9 (a) In accordance with federal requirements, at least
10 one adult in each two-parent family shall be assigned priority
11 for full-time work activities.
12 (b) Among single-parent families, a family that has
13 older preschool children or school-age children shall be
14 assigned priority for work activities.
15 (c) A participant who has access to subsidized or
16 unsubsidized nonsubsidized child care may be assigned priority
17 for work activities.
18 (d) Priority may be assigned based on the amount of
19 time remaining until the participant reaches the applicable
20 time limit for program participation or may be based on
21 requirements of a case plan.
22
23 Regional workforce boards may limit a participant's weekly
24 work requirement to the minimum required to meet federal work
25 activity requirements in lieu of the level defined in
26 subsection (2). Regional workforce boards may develop
27 screening and prioritization procedures based on the
28 allocation of resources, the availability of community
29 resources, the provision of supportive services, or the work
30 activity needs of the service area district.
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1 (5) USE OF CONTRACTS.--Regional workforce boards shall
2 provide work activities, training, and other services, as
3 appropriate, through contracts. In contracting for work
4 activities, training, or services, the following applies:
5 (a) A contract must be performance-based. Payment
6 shall be tied to performance outcomes that include factors
7 such as, but not limited to, diversion from cash assistance,
8 job entry, job entry at a target wage, job retention, and
9 connection to transition services rather than tied to
10 completion of training or education or any other phase of the
11 program participation process.
12 (b) A contract may include performance-based incentive
13 payments that may vary according to the extent to which the
14 participant is more difficult to place. Contract payments may
15 be weighted proportionally to reflect the extent to which the
16 participant has limitations associated with the long-term
17 receipt of welfare and difficulty in sustaining employment.
18 The factors may include the extent of prior receipt of
19 welfare, lack of employment experience, lack of education,
20 lack of job skills, and other factors determined appropriate
21 by the regional workforce board.
22 (c) Notwithstanding the exemption from the competitive
23 sealed bid requirements provided in s. 287.057(5)(f) for
24 certain contractual services, each contract awarded under this
25 chapter must be awarded on the basis of a competitive sealed
26 bid, except for a contract with a governmental entity as
27 determined by the regional workforce board.
28 (d) Regional workforce boards may contract with
29 commercial, charitable, or religious organizations. A contract
30 must comply with federal requirements with respect to
31 nondiscrimination and other requirements that safeguard the
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1 rights of participants. Services may be provided under
2 contract, certificate, voucher, or other form of disbursement.
3 (e) The administrative costs associated with a
4 contract for services provided under this section may not
5 exceed the applicable administrative cost ceiling established
6 in federal law. An agency or entity that is awarded a contract
7 under this section may not charge more than 7 percent of the
8 value of the contract for administration, unless an exception
9 is approved by the regional workforce board. A list of any
10 exceptions approved must be submitted to the board of
11 directors of Workforce Florida, Inc., for review, and the
12 board may rescind approval of the exception.
13 (f) Regional workforce boards may enter into contracts
14 to provide short-term work experience for the chronically
15 unemployed as provided in this section.
16 (g) A tax-exempt organization under s. 501(c) of the
17 Internal Revenue Code of 1986 which receives funds under this
18 chapter must disclose receipt of federal funds on any
19 advertising, promotional, or other material in accordance with
20 federal requirements.
21 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
22 subject to the same health, safety, and nondiscrimination
23 standards established under federal, state, or local laws that
24 otherwise apply to other individuals engaged in similar
25 activities who are not participants in the welfare transition
26 program.
27 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
28 and contracting for work experience and community service
29 activities, other work experience activities, on-the-job
30 training, subsidized employment, and work supplementation
31 under the welfare transition program, an employed worker may
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1 not be displaced, either completely or partially. A
2 participant may not be assigned to an activity or employed in
3 a position if the employer has created the vacancy or
4 terminated an existing employee without good cause in order to
5 fill that position with a program participant.
6 Section 3. Section 445.032, Florida Statutes, is
7 amended to read:
8 445.032 Transitional child care.--In order to assist
9 former welfare transition program participants and individuals
10 who have been redirected through up-front diversion in
11 obtaining employment, continuing to be employed, and improving
12 their employment prospects, transitional child care is
13 available for up to 2 years:
14 (1) To After a former program participant who is no
15 longer receiving temporary cash assistance and who is employed
16 or actively seeking employment if his or her has left the
17 program due to employment and whose income does not exceed 200
18 percent of the federal poverty level at any time during that
19 2-year period.
20 (2) To an individual who has been redirected through
21 up-front diversion and who is employed or actively seeking
22 employment if his or her whose income does not exceed 200
23 percent of the federal poverty level at any time during that
24 2-year period.
25 Section 4. Paragraph (b) of subsection (4) of section
26 402.305, Florida Statutes, is amended to read:
27 402.305 Licensing standards; child care facilities.--
28 (4) STAFF-TO-CHILDREN RATIO.--
29 (b) This subsection does not apply to nonpublic
30 schools and their integral programs as defined in s.
31 402.3025(2)(d)1. In addition, an individual participating in a
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1 community service program work experience activity under s.
2 445.024(1)(e) s. 445.024(1)(d), or a work experience activity
3 under s. 445.024(1)(f) s. 445.024(1)(e), at a child care
4 facility may not be considered in calculating the
5 staff-to-children ratio.
6 Section 5. This act shall take effect upon becoming a
7 law.
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10 SENATE SUMMARY
11 Revises certain requirements of the one-stop delivery
system of employment services. Revises the definitions of
12 work activities for participants in the temporary cash
assistance program for the purpose of conforming those
13 definitions to the federal law governing work
requirements. Revises provisions specifying the
14 circumstances under which transitional child care is
available to former participants in the welfare
15 transition program and certain other individuals.
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