NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 739

SENATE BILL 725

AN ACT TO PROVIDE FOR A WORK INCENTIVE PROGRAM FOR CERTAIN RECIPIENTS OF AID TO FAMILIES WITH DEPENDENT CHILDREN WELFARE ASSISTANCE.

The General Assembly of North Carolina do enact:

Section 1.  SHORT TITLE. This Act shall be known as the Public Welfare Work Incentive Program Act of 1969.

Sec. 2.  Part 2 of Article 2 of Chapter 108 of the General Statutes, as it appears in Chapter 546 of the Session Laws of 1969, is hereby amended by adding a new section therein, immediately following G.S. 108-39 and immediately before Part 3 of Article 2, as follows:

"108-39.1.  Work Incentive Program adopted; evidence of refusal to participate in special work projects; protective and vendor payments. (a) The provisions of Part C of Title IV of the Federal Social Security Act pertaining to the Work Incentive Program for recipients of Aid to Families With Dependent Children assistance, and the benefits thereunder, are hereby accepted and adopted.

(b)        The Work Incentive Program provided for by this Section is a part of, and subject to all the same provisions of law as, the Aid to Families With Dependent Children program provided for in this Article; except that in the case of inconsistent provisions, the provisions of this Section shall be deemed exceptions to other provisions of law in this Article.

(c)        Written notice of a finding by the United States Secretary of Labor, or the United States Department of Labor, the Employment Security Commission, or other authorized agent of the Secretary of Labor as to whether a person has refused without good cause to accept employment or participate in a project shall be binding upon the State and its agencies and the political subdivisions of the State. Any other provision of law to the contrary notwithstanding, the original or copy of such a notice bearing the certification of a State or county agency that it is the original or true copy of the original in or from the records of the agency shall be admissible in evidence without the appearance of a witness, and it shall be prima facie evidence that it was duly received by the agency from the Secretary of Labor or his authorized agent.

(d)        In accordance with the provisions of Title IV of the Federal Social Security Act, the Governor shall appoint the members of, and designate the chairman of, at least one panel to be designated Special Work Projects Panel. The Governor may create as many such panels as in his judgment are necessary and the members shall serve at his pleasure. The panels shall review applications tentatively approved by the Secretary of Labor for the Special Work Projects to be established by the Secretary of Labor under the program established by Section 432(b)(3) of Title IV of the Social Security Act. Each panel shall consist of not more than five (5) and not less than three (3) members. The members shall include one (1) representative of employers and one (1) representative of employees, and the remainder shall be representatives of the general public. No Special Work Project under a program developed by the Secretary pursuant to an agreement under Section 433(e)(1) of the Social Security Act shall be established or maintained under such program unless the project has first been approved by a panel created under this Section.

(e)        The times, frequency, places and duration of the meetings of the panels shall be as required by the Governor, except as modified by authority delegated by the Governor to the panels or their chairmen. Compensation of the panel members shall be in accordance with the provisions of G.S. 108-35 as in the case of other Boards and Committees.

(f)         The Governor may enter into agreements with the United States Secretary of Labor for the creation and operation of the panels. The agreements and the provisions of this Section shall be in accordance with and subject to the lawful requirements of the Secretary of Labor in accordance with the Social Security Act.

(g)        Protective and vendor payments required to be made under the Work Incentive Program shall be made in accordance with the rules and regulations of the State Board of Social Services, which rules and regulations shall be subject to the lawful requirements of the Secretary of Labor."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be effective on and after July 1, 1969.

In the General Assembly read three times and ratified, this the 9th day of June, 1969.