CHAPTER 323

AN ACT TO AMEND TITLE 31, DELAWARE CODE, ENTITLED "WELFARE" BY REPEALING CHAPTER 9, WORK ASSIGNMENTS FOR RECIPIENTS OF RELIEF, AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 9.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 9, Title 31, Delaware Code, is hereby repealed.

Section 2. A new Chapter 9, Title 31, Delaware Code, Work Assignments for Recipients of Public Assistance, is hereby enacted as follows:

§ 901. Purpose of this Chapter

The purpose of this Chapter is to encourage, through community work and training projects of a constructive nature, the conservation of work skills and the development of new skills for persons receiving public assistance, under conditions designed to insure protection of the health and welfare of such persons and any children involved.

§ 902. Work requirements as to employable recipients of public assistance

Employable persons receiving assistance from the Department of Public Welfare in the categories of General Assistance or Aid and Services to Needy Families with Children shall be required in accordance with the provisions of this Chapter to perform such work as shall be assigned to them by the Department of Public Welfare, and/or shall be required to attend and participate in any training project, designed to improve employability, to which they may be assigned by said Department.

§ 903. Application for assignment of assistance recipients

Whenever the 'governing body of a county, city or town within this State, or the Board or executive officer of any State agency or other public agency or public institution, has any work to be done within the county, city, town, agency or institution, or as a function of such agency or institution, which it appears may be properly performed by one or more employable recipients of assistance, the appropriate authority shall make application to the Department of Public Welfare, in the form prescribed by the Department, for the establishment of a work project.

§ 904. Assignment of assistance recipients

(a) Upon application as provided for in § 903, the Department of Public Welfare shall thereupon assign to such work project the required number of employable recipients of assistance according to their availability, provided it is satisfied that all requirements of this Chapter are observed.

(b) The Department of Public Welfare shall also assign suitable assistance recipients to training projects designed to improve employability as such projects are established.

§ 905. Requirements for work projects

(c) Recipients shall be assigned to perform only such work under this Chapter as they are able, in the judgment of the Department of Public Welfare, to perform. Such work must serve a useful public purpose.

(d) Recipients shall not perform work on projects which will result either in the displacement of regular workers or in the performance by such recipients of work that would otherwise be performed by employees of public or private agencies, institutions or organizations.

(e) Reasonable standards of health, safety and other conditions applicable to the performance of such work shall be established and maintained for all work projects.

(f) Recipients assigned to work projects shall be afforded reasonable opportunities to seek regular employment and to secure any appropriate training or retraining which may be available.

(e) Assistance recipients shall be assigned to work projects for a number of hours determined by the amount of the assistance grant divided by the hourly wage paid. The prevailing hourly wage for similar work done by regularly employed workers in the community, or the minimum rate provided by or under State law for the same type of work, whichever is higher, shall be the wage. No recipient shall be assigned for more hours than are necessary to work out his grant as determined above.

(f) No assistance recipient shall be assigned to work for more than eight hours in any one day or more than 40 hours in any one week.

§ 906. Department to establish rules and regulations

The Department of Public Welfare shall establish such rules and regulations as it deems necessary for the efficient administration of this Chapter, consistent with the provisions of such Chapter and with the requirements of the Federal Department of Health, Education and Welfare.

§ 907. Workmen's Compensation protection

All project workers will be covered under the State Workmen's Compensation Law with adequate protection through private insurance which provides for complete coverage for all workers on all projects, including disability by injury or occupational disease, prompt and complete medical care in case of accident or injury and adequate benefits for temporary or permanent disability and for survivors in case of death.

§ 908. Cooperative arrangements with Employment Security Commission of Delaware, State Board of Vocational Education, and State Department of Public Instruction

The Department of Public Welfare shall enter into cooperative arrangements with the Employment Security Commission of Delaware for the employment or occupational training of recipients performing work under this Chapter, with the State Board of Vocational Education for the training or retraining of said recipients and assisting them in preparing for regular employment, and with the State Department of Public Instruction for adult services in appropriate cases.

§ 909. Effect of refusal to work

Any assistance recipient who refuses without good cause to report for or to perform that work to which he has been assigned by the Department of Public Welfare, or who refuses without good cause to report for and participate in any training project designed to improve employability to which he has been referred, shall become ineligible for public assistance.

§ 910. Adjustments or recovery

Any law to the contrary notwithstanding, no adjustment or recovery shall be made by the State or any political subdivision thereof on account of any payments which are correctly made for work performed under the terms of this Chapter.

Section 3. This Act shall become effective on the date of enactment.

Approved June 29, 1964.