WSR 97-13-088

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed June 18, 1997, 10:43 a.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 involving possession, use, or distribution of a controlled substance occurring after August 21, 1996, unless the person is convicted of drug use or possession and (a) was determined chemically dependent by a state-certified assessment agency; (b) is participating in or completed a rehabilitation plan consisting of chemical dependency treatment and vocation services; and (c) was not previously convicted of a felony for possession or use of a controlled substance within three years of the latest conviction.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Section 115 and RCW 74.08.025.

Summary: Public Law 104-193 does not allow persons convicted of a felony involving possession, use, or distribution after August 21, 1996, to be eligible for food stamp benefits. RCW 74.08.025, as amended this year, adds an exception to the federal law.

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

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

Rule is necessary because of federal law, Public Law 104-193, Section 115.

Explanation of Rule, its Purpose, and Anticipated Effects: Includes as ineligible household members persons who have a felony conviction involving possession, use, or distribution of a controlled substance occurring after August 21, 1996. However, an exception is being added that will allow certain persons to be eligible for benefits even though they have a felony conviction as described above.

Persons convicted of this type of felony that do not meet the exception criteria will not be eligible for benefits. This means that ineligible persons' income and resources are considered available to the food stamp household.

Proposal Changes the Following Existing Rules: WAC 388-49-190 (4)(g), adds an exception that will allow some persons convicted of a felony with an element of use, possession, and distribution of a controlled substance after August 21, 1996, to be eligible for benefits.

Previously, there were no exceptions to this rule.

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. This amendment relates to client financial eligibility, which is exempt from the requirements in RCW 34.05.328 (as amended in 1997).

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on July 22, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by July 11, 1997, TTY (360) 902-8324, (360) 902-7540, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by July 22, 1997.

Date of Intended Adoption: No sooner than July 23, 1997.

June 18, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending 97-09-031, filed 4/10/97, effective 7/1/97)

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;

(f) Fleeing felons; or

(g) Persons convicted of a felony ((with an element of)) involving possession, use, or distribution of a controlled substance occurring after August ((22)) 21, 1996 unless the person is convicted of use or possession of a controlled substance and:

(i) Was determined chemically dependent by a state-certified assessment agency;

(ii) Is participating in or completed a rehabilitation plan consisting of chemical dependency treatment and vocational services; and

(iii) Was not previously convicted of a felony for possession or use of a controlled substance within three years of the latest conviction.

[Statutory Authority: RCW 74.04.510 and Public Law 104-193, Section 115 (1996). 97-09-031, 388-49-190, filed 4/10/97, effective 7/1/97. 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.]

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