WSR 97-06-097

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed March 4, 1997, 2:00 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-49-190 Household concept.

Purpose: Include as ineligible household members persons who have a felony conviction with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Section 115 (1996).

Summary: Includes as ineligible household members persons who have a felony conviction with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.

Reasons Supporting Proposal: Public Law 104-193, PRWORA of 1996, Section 115.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, Division of Income Assistance, (360) 413-3083.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Explanation of Rule, its Purpose, and Anticipated Effects: Includes as ineligible household members persons who have a felony conviction with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.

Persons convicted of this type of felony will no longer be eligible for food stamps, however, that person's income and resources are considered available to the food stamp household.

Proposal Changes the Following Existing Rules: WAC 388-49-190 (4)(g), includes as an ineligible household member persons who have a felony conviction with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change impacts the food stamp program and does not affect small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to the Department of Social and Health Services.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Lacey, WA, on April 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by March 25, 1997, e-mail lbaldwin@dshs.wa.gov, phone (360) 902-7540, TTY (360) 902-8324.

Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by April 8, 1997.

Date of Intended Adoption: No sooner than April 9, 1997.

March 4, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 96-22-103, filed 11/6/96, effective 12/7/96)

WAC 388-49-190 Household concept. (1) The department shall consider the following as households:

(a) A person living alone;

(b) Persons living together and purchasing or preparing meals together; or

(c) A permanently disabled and elderly person unable to prepare meals provided the:

(i) Person's spouse shall be included in the household; and

(ii) Income of other individuals, except the person's spouse, living with the person does not exceed one hundred sixty-five percent of the poverty level.

(2) The department shall consider the following as households regardless of the purchase and prepare arrangements:

(a) Parents and their natural, adoptive, or stepchildren twenty-one years of age or younger.

(b) Person seventeen years of age or younger under parental control of an adult other than their parent, and the adult who is maintaining the control; or

(c) Spouses who live together.

(3) The department shall consider the following persons living with the household as nonhousehold members who, if otherwise eligible, may qualify as a separate household:

(a) Roomers;

(b) Live-in attendants; or

(c) Persons sharing living quarters with the household who purchase food and prepare meals separately from the household.

(4) The department shall consider the following persons living with the household as ineligible household members:

(a) Persons disqualified for intentional program violation;

(b) Persons disqualified because of noncompliance with work requirements as described under WAC 388-49-360;

(c) Persons who are ineligible aliens;

(d) Persons disqualified for failure to apply for or provide a Social Security number;

(e) Persons who fail to sign the application attesting to their citizenship or alien status; ((or))

(f) Fleeing felons; or

(g) Persons convicted of a felony with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.

[Statutory Authority: RCW 74.04.510, Public Law 104-193 and Sections 803 and 821 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 96-22-103, 388-49-190, filed 11/6/96, effective 12/7/96. Statutory Authority: RCW 74.04.050 and 74.04.510. 95-12-001 (Order 3854), 388-49-190, filed 5/24/95, effective 6/24/95. Statutory Authority: RCW 74.04.050, 74.04.510, P.L. 103-66, Administrative Notice 94-39 and 7 CFR 273.1(b). 95-06-027 (Order 3838), 388-49-190, filed 2/22/95, effective 4/1/95. Statutory Authority: RCW 74.04.050, P.L. 103-66 and USDA Food and Nutrition Service Administrative Notices 94-01, 94-02 and 94-03. 94-16-039 (Order 3762), 388-49-190, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510. 91-10-098 (Order 3172), 388-49-190, filed 5/1/91, effective 6/1/91; 90-14-064 (Order 3033), 388-49-190, filed 6/29/90, effective 8/1/90; 89-07-001 (Order 2770), 388-49-190, filed 3/2/89. Statutory Authority: RCW 74.04.050. 88-16-081 (Order 2662), 388-49-190, filed 8/2/88; 88-02-031 (Order 2575), 388-49-190, filed 12/31/87.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office