BP BHEAD INT S

AN ACT Relating to public assistance; amending RCW 74.04.060 and 74.04.280; adding a new section to chapter 74.04 RCW; and creating a new section.

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) A landlord may recover unpaid rent under this section from a tenant who is on public assistance if the debt is reduced to judgment by a court of competent jurisdiction and notice is given under subsection (2) of this section in addition to any other notice requirements under law.

(2) The person shall be notified of the debt by either personal service or certified mail, return receipt requested. Personal service, return of the requested receipt, or refusal by the debtor is proof of notice. The notice shall include a statement of the debt owed and a statement that public assistance payments may be reduced until the debt is paid. Copies of the notice shall also be served on the department.

(3) Upon receipt of a writ of garnishment under chapter 6.27 RCW, the department shall deduct from subsequent assistance grants and pay to the landlord any amounts, as determined by the court, that do not exceed deductions as authorized under federal law for financial assistance programs.

Sec. 2. RCW 74.04.060 and 1987 c 435 s 29 are each amended to read as follows:

For the protection of applicants and recipients, the department and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title. In any judicial proceeding, except such proceeding as is directly concerned with the administration of these programs, such records, files, papers and communications, and their contents, shall be deemed privileged communications and except for the right of any individual to inquire of the office whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or negative answer. However, upon written request of a parent who has been awarded visitation rights in an action for divorce or separation or any parent with legal custody of the child, the department shall disclose to him or her the last known address and location of his or her natural or adopted children. The secretary shall adopt rules which establish procedures for disclosing the address of the children and providing, when appropriate, for prior notice to the custodian of the children. The notice shall state that a request for disclosure has been received and will be complied with by the department unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the other party or the child. Information supplied to a parent by the department shall be used only for purposes directly related to the enforcement of the visitation and custody provisions of the court order of separation or decree of divorce. No parent shall disclose such information to any other person except for the purpose of enforcing visitation provisions of the said order or decree.

Upon written request of a landlord who has a judgment for unpaid rent against a tenant who is on public assistance, the department shall disclose to the landlord the current address and location of the person on public assistance. The secretary shall adopt rules that establish procedures for disclosing the address of such tenants. Information supplied to a landlord by the department shall be used only for purposes directly related to the collection of unpaid rent and may not be disclosed by the landlord for any other purpose. The department may require the landlord to submit a certified copy of the judgment establishing that rent is unpaid to the department and any other information necessary to ensure proper identification of the person on public assistance.

The county offices shall maintain monthly at their offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title, together with the amount paid to each during the preceding month.

The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees when performing duties directly connected with the administration of this title, such as regulation and investigation directly connected therewith: PROVIDED, HOWEVER, That any information so obtained by such persons or groups shall be treated with such degree of confidentiality as is required by the federal social security law.

It shall be unlawful, except as provided in this section, for any person, body, association, firm, corporation or other agency to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a gross misdemeanor.

Sec. 3. RCW 74.04.280 and 1959 c 26 s 74.04.280 are each amended to read as follows:

Assistance given under this title shall not be transferable or assignable at law or in equity and none of the moneys received by recipients under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law, except as provided in section 1 of this act.

NEW SECTION. Sec. 4. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.