H-2256.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1880

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Children & Family Services (originally sponsored by Representatives Boldt, Benton, Schoesler, L. Thomas, Carrell, Johnson, Radcliff, Blanton, McMahan, Campbell, Smith, Honeyford, Silver and Thompson)

Read first time 03/01/95.

Making persons convicted of certain crimes relating to receipt of public assistance ineligible for public assistance for five years.

     AN ACT Relating to welfare fraud; amending RCW 74.08.290; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  The legislature finds that those individuals who abuse and defraud the welfare system not only steal scarce resources, but also perpetuate myths about people on public assistance.  The taxpayers of this state have limited resources with which to help those in need and it is imperative that the legislature use its authority to ensure that those resources are assisting the truly needy.

     To protect the integrity of the welfare system the legislature must put into place mechanisms that guard against abuse.  The message must be sent that we will not tolerate welfare fraud.

     People who are caught abusing public trust by defrauding the welfare system should be punished and not allowed to receive public assistance.

     Sec. 2.  RCW 74.08.290 and 1959 c 26 s 74.08.290 are each amended to read as follows:

(1) The department is hereby authorized to suspend temporarily the public assistance granted to any person for any period during which such person is not in need thereof.

(2) If a recipient is convicted of any crime or offense, and punished by imprisonment, no payment shall be made during the period of imprisonment.

(3)(a) If an applicant or recipient of public assistance intentionally provides a false or misleading statement or act designed to misrepresent, conceal, or withhold facts for the purpose of establishing or maintaining eligibility for public assistance or for increasing, or preventing a reduction in, the amount of a grant, then, the applicant or recipient shall be considered in violation of this subsection (3)(a) and shall be subject to the penalties provided in (b) of this subsection.

(b) An individual who is found to have committed a violation of (a) of this subsection by a state administrative law judge or by a state court or federal court shall be ineligible for continued public assistance for the following periods:

(i) Six months for the first violation;

(ii) Twelve months for the second violation; and

(iii) Permanently for the third violation.

For the purpose of applying these penalties, numerous violations on a single application, or in a single statement, made by an individual shall count as one violation.

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