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SENATE BILL 5652
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AS AMENDED BY THE HOUSE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
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."
