H-271                _______________________________________________

                                                    HOUSE BILL NO. 382

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Patrick, Addison, Isaacson and Sanders

Read first time 1/30/85 and referred to Committee on Social & Health Services.

AN ACT Relating to public assistance; and adding a new section to chapter 74.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 74.04 RCW to read as follows:

          (1) The department of social and health services, under rules adopted by the secretary, may pay such sums, not exceeding the amount appropriated therefor, as it deems necessary for detecting and bringing to trial and punishment persons guilty of violating the public assistance laws of the state in cases in which the expenses are not otherwise provided by law.

          (2) The secretary may approve such reward as the secretary deems suitable for information that leads to the detection and punishment of any person guilty of violating any public assistance law.  The rewards provided by this section are limited in their aggregate to the sum appropriated therefor and shall be paid only in cases not otherwise provided by law.

          (3) (a) A person, other than a present or former state employee described in (b) of this subsection, who submits, in the manner set forth in this section, information relating to the violation of a public assistance law is eligible to file a claim for reward under this section.

          (b) A person who was an officer or employee of the department at the time the person came into possession of the information relating to violations of the public assistance laws, or at the time the person divulged the information, is not eligible for reward under this section.  Any other state employee or former state employee is eligible to file a claim for reward if the information submitted came to the employee's knowledge other than in the course of the employee's official duties.

          (c) A claim for reward may be filed by an executor, administrator, or other legal representative on behalf of a deceased informant if, prior to death, the informant was eligible to file a claim for the reward under this section.  Certified copies of the letters testamentary, letters of administration, or other similar evidence must be annexed to such a claim for reward on behalf of a deceased informant in order to show the authority of the legal representative to file the claim for reward.

          (4) All relevant factors, including the value of the information furnished in relation to the facts developed by the investigation of the violation, shall be taken into account by the secretary in determining whether a reward shall be paid, and, if so, the amount thereof.  The amount of a reward shall represent the amount the secretary deems to be adequate compensation in the particular case, normally not to exceed ten percent of the additional moneys which are received as a result of the information.  However, no reward may be paid with respect to any additional interest that may be collected.  Payment of a reward shall be made as promptly as the circumstances of the case permit, but generally not until the moneys involved have been collected.  However, the informant may waive any claim for reward with respect to an uncollected portion of the moneys involved, in which case the claim may be immediately processed.  No person is authorized under this section to make any offer or promise or otherwise to bind with respect to the payment of any reward or the amount thereof.

          (5) Persons desiring to claim rewards under this section may apply in person or in writing to the department.  If the information is submitted in person, either orally or in writing, the name and official title of the person to whom it is submitted and the date on which it is submitted must be included in the formal claim for reward.  An informant who intends to claim a reward under this section must notify the person to whom the informant submits the information of such intention, and must file a formal claim, signed with the informant's true name, as soon after submission of the information as practicable.  If other than the informant's true name was used in furnishing the information, the claimant must include with the claim satisfactory proof of his or her identity as that of the informant.  Claim for reward under this section shall be made in the manner prescribed by the department.

          (6) The department shall not release the identity of the informant to any unauthorized person.  The identity of the informant shall not be subject to public disclosure.