SENATE CONCURRENT RESOLUTION 12

(By Senators Gaunch, Boso, Jeffries and Swope)

[Introduced February 14, 2017]

Requesting the Joint Committee on Children and Families to conduct an interim study on how to ensure that government benefit programs are never discouraging or punishing West Virginians who want to work or get married; and endorsing the Governor’s Child Care Development Block Grant waiver application request to the U. S. Department of Health and Human Services so that new federal restrictions do not prevent over 12,000 children and their working parents from receiving child care vouchers.

Whereas, There are numerous government programs such as the Temporary Assistance for Needy Families (TANF), the Child Care Development Block Grant, the Affordable Care Act, the Supplemental Nutrition Assistance Program (SNAP) and housing assistance (public housing and the Section 8 Housing Choice Voucher Program) that at times penalize West Virginians who get a new job or a raise or want to get married; and

Whereas, Families find themselves in a terrible position of being discouraged from looking for work or getting a raise or marrying the person they love because of what it might cost in lost benefits for their children; and

Whereas, Currently there are new restrictions contained in the federal Child Care and Development Block Grant Act of 2014 that would effectively cut the child care programs relied upon by 12,000 children and their working parents in West Virginia (these families are working hard and playing by the rules, earning roughly $25,000 per year); and

Whereas, West Virginia’s Governor has submitted a waiver to the U. S. Department of Health and Human Services to delay some of those restrictions and save those child care benefits for a period of one year, after which point the state will need to seek a more permanent solution to this crisis; and

Whereas, The Department of Health and Human Resources is directed to work with the Joint Committee on Children and Families in evaluating the Code of West Virginia to identify statutes that act as disincentives to individuals and the families that rely on them to seek, gain and hold employment, or be married; and

Whereas, The Department of Health and Human Resources is directed to work with the Joint Committee on Children and Families in evaluating the United States Code to identify programs that act as disincentives to individuals and the families that rely on them to seek, gain and hold employment or be married; and

Whereas, The Department of Health and Human Resources and the Joint Committee on Children and Families should, as part of their research, review the February 12, 2014, Congressional Research Service report titled Work Requirements, Time Limits, and Work Incentives in TANF, SNAP, and Housing Assistance; and

Whereas, The West Virginia Legislature has the authority to support the Governor’s request for a one-year extension; the authority to conduct a study of these work and marriage gaps in our benefit structure; and the authority to seek long-term solutions to the child care crisis and other gaps which are identified in partnership with West Virginia’s Congressional delegation and Governor’s office; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Children and Families is hereby requested to conduct an interim study on how to ensure that government benefit programs are never discouraging or punishing West Virginians who want to work or get married; and endorsing the Governor’s Child Care Development Block Grant waiver application request to the U. S. Department of Health and Human Services so that new federal restrictions do not prevent over 12,000 children and their working parents from receiving child care vouchers; and, be it

Further Resolved, That the Joint Committee on Children and Families is hereby requested to conduct an interim study to identify every instance in state and federal code where families may be disincentivized from work or marriage; and, be it

Further Resolved, That a report of the findings, conclusions and recommendations of the study, together with drafts of any legislation necessary to effectuate the recommendations be reported to the Legislature at its 2018 regular session, including a detailed plan for how to preserve the 12,000+ child care benefits beyond the new 2018 waiver date; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance; and, be it

Further Resolved, That the West Virginia Legislature hereby endorses and supports the Governor’s waiver application to the U. S. Department of Health and Human Services; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Governor Jim Justice and West Virginia’s Delegation to the U. S. Congress.