CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5652

 

                   Chapter 379, Laws of 1995

 

                         (partial veto)

 

                        54th Legislature

                      1995 Regular Session

 

 

                         WELFARE FRAUD

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the Senate April 23, 1995

  YEAS 44   NAYS 0

 

 

 

JOEL PRITCHARD

President of the Senate

 

Passed by the House April 23, 1995

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5652 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

  CLYDE BALLARD

Speaker of the

      House of Representatives

MARTY BROWN

                            Secretary

 

 

Approved May 16, 1995, with the exception of sections 3, 4, and 5, which are vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

            May 16, 1995 - 11:29 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 5652

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Gaspard, McDonald, Smith, Quigley, Wojahn, Hargrove, Heavey, Winsley, Sheldon, Fraser, Loveland, Fairley, Oke, McAuliffe, Spanel, Kohl, Franklin, Drew, Haugen, Owen, Bauer, Snyder, Deccio and Rasmussen

 

Read first time 01/30/95.  Referred to Committee on Health & Long‑Term Care.

 

Temporarily prohibiting public assistance payments for willful violators of public assistance eligibility provisions.



    AN ACT Relating to welfare fraud; amending RCW 74.08.290 and 74.04.062; adding a new section to chapter 74.08 RCW; and creating new sections.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that welfare fraud damages the state's ability to use its limited resources to help those in need who legitimately qualify for assistance.  In addition, it affects the credibility and integrity of the system, promoting disdain for the law.

    Persons convicted of committing such fraud should be barred, for a period of time, from receiving additional public assistance.

 

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

    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.

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

    If a recipient is convicted of unlawful practices under RCW 74.08.331, no payment shall be made for a period to be determined by the court, but in no event less than six months upon the first conviction and no less than twelve months for a second or subsequent violation.  This suspension of public assistance shall apply regardless of whether the recipient is subject to complete or partial confinement upon conviction, or incurs some lesser penalty.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *Sec. 3.  RCW 74.04.062 and 1973 c 152 s 2 are each amended to read as follows:

    Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer the current address and location of the person properly described in the warrant.  However, this rule does not restrict in any manner whatsoever the disclosure of address and location information by the department pursuant to its implementation of the federal "systematic alien verification for entitlements" program or pursuant to section 4 of this act.

*Sec. 3 was vetoed.  See message at end of chapter.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 4.  A new section is added to chapter 74.08 RCW to read as follows:

    The department shall implement the federal "systematic alien verification for entitlements" program, the "SAVE" program.  The department shall:

    (1) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status;

    (2) Post at every community service office a sign letting applicants and recipients know that illegal aliens will be reported to the United States immigration and naturalization service and that the systematic alien verification for entitlements program is in use in the office; and

    (3) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.

*Sec. 4 was vetoed.  See message at end of chapter.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 5.  The department shall have the SAVE program in full force and effect by September 30, 1995, and report to the fiscal committees of the house of representatives and senate by December 1, 1995, regarding the progress of implementation and outcomes by region of the program.

*Sec. 5 was vetoed.  See message at end of chapter.


    Passed the Senate April 23, 1995.

    Passed the House April 23, 1995.

Approved by the Governor May 16, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State May 16, 1995.


 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 3, 4, and 5, Senate Bill No. 5652 entitled:

 

"AN ACT Relating to welfare fraud;"

 

    Senate Bill No. 5652 addresses the issue of welfare fraud and provides that persons convicted under RCW 74.08.331 will be ineligible to receive public assistance for a specified period.  Sections 3, 4, and 5 require the Department of Social and Health Services (DSHS) to reinstate the Systematic Alien Verification for Entitlement (SAVE) program.  DSHS's past experience with this program has established that it is an inefficient and costly method of identifying fraudulent applications for assistance.  Furthermore, the federal government has, through several agencies, come to the same conclusion: the SAVE program costs about twice as much as is saved.  This has been verified by the General Accounting Office and DSHS.  Washington is one of many states that has decided this program is ineffective.

 

    This state is in no way supportive of granting benefits to illegal immigrants who are not eligible for assistance.  DSHS currently has effective mechanisms in place to identify fraud of this kind.  Elaborate systems exist throughout interagency agreements with the Social Security Administration and the Immigration and Naturalization Service which double check immigration status to ensure recipients are eligible for service.  The SAVE program will not serve to enhance those efforts.

 

    For these reasons, I have vetoed sections 3, 4, and 5 of Senate Bill No. 5652.

 

    With the exception of sections 3, 4, and 5, Senate Bill No. 5652 is approved."