Z‑0469.1 _____________________________________________
SENATE BILL 5576
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senator Hargrove; by request of Governor Locke
Read first time 01/26/2001. Referred to Committee on Human Services & Corrections.
_1 AN ACT Relating to the simplification of public assistance
_2 asset tests; and amending RCW 74.04.005 and 74.13.0903.
_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_4 Sec. 1. RCW 74.04.005 and 2000 c 218 s 1 are each amended to read
_5 as follows:
_6 For the purposes of this title, unless the context indicates
_7 otherwise, the following definitions shall apply:
_8 (1) "Public assistance" or "assistance"‑-Public aid to persons
_9 in need thereof for any cause, including services, medical care,
10 assistance grants, disbursing orders, work relief, general
11 assistance and federal-aid assistance.
12 (2) "Department"‑-The department of social and health services.
13 (3) "County or local office"‑-The administrative office for one
14 or more counties or designated service areas.
15 (4) "Director" or "secretary" means the secretary of social and
16 health services.
17 (5) "Federal-aid assistance"‑-The specific categories of
18 assistance for which provision is made in any federal law existing
p. 1 SB 5576
_1 or hereafter passed by which payments are made from the federal
_2 government to the state in aid or in respect to payment by the
_3 state for public assistance rendered to any category of needy
_4 persons for which provision for federal funds or aid may from time
_5 to time be made, or a federally administered needs-based program.
_6 (6)(a) "General assistance"‑-Aid to persons in need who:
_7 (i) Are not eligible to receive federal-aid assistance, other
_8 than food stamps or food stamp benefits transferred electronically
_9 and medical assistance; however, an individual who refuses or
10 fails to cooperate in obtaining federal-aid assistance, without
11 good cause, is not eligible for general assistance;
12 (ii) Meet one of the following conditions:
13 (A) Pregnant: PROVIDED, That need is based on the current
14 income and resource requirements of the federal temporary
15 assistance for needy families program; or
16 (B) Subject to chapter 165, Laws of 1992, incapacitated from
17 gainful employment by reason of bodily or mental infirmity that
18 will likely continue for a minimum of ninety days as determined by
19 the department.
20 (C) Persons who are unemployable due to alcohol or drug
21 addiction are not eligible for general assistance. Persons
22 receiving general assistance on July 26, 1987, or becoming
23 eligible for such assistance thereafter, due to an alcohol or drug-
24 related incapacity, shall be referred to appropriate
25 assessment, treatment, shelter, or supplemental security income
26 referral services as authorized under chapter 74.50 RCW. Referrals
27 shall be made at the time of application or at the time of
28 eligibility review. Alcoholic and drug addicted clients who are
29 receiving general assistance on July 26, 1987, may remain on
30 general assistance if they otherwise retain their eligibility
31 until they are assessed for services under chapter 74.50
32 RCW. Subsection (6)(a)(ii)(B) of this section shall not be
33 construed to prohibit the department from granting general
34 assistance benefits to alcoholics and drug addicts who are
35 incapacitated due to other physical or mental conditions that meet
36 the eligibility criteria for the general assistance program;
37 (iii) Are citizens or aliens lawfully admitted for permanent
38 residence or otherwise residing in the United States under color
SB 5576 p. 2
_1 of law; and
_2 (iv) Have furnished the department their social security
_3 account number. If the social security account number cannot be
_4 furnished because it has not been issued or is not known, an
_5 application for a number shall be made prior to authorization of
_6 assistance, and the social security number shall be provided to
_7 the department upon receipt.
_8 (b) Notwithstanding the provisions of subsection (6)(a)(i),
_9 (ii), and (c) of this section, general assistance shall be
10 provided to the following recipients of federal-aid assistance:
11 (i) Recipients of supplemental security income whose need, as
12 defined in this section, is not met by such supplemental security
13 income grant because of separation from a spouse; or
14 (ii) To the extent authorized by the legislature in the
15 biennial appropriations act, to recipients of temporary assistance
16 for needy families whose needs are not being met because of a
17 temporary reduction in monthly income below the entitled benefit
18 payment level caused by loss or reduction of wages or unemployment
19 compensation benefits or some other unforeseen circumstances. The
20 amount of general assistance authorized shall not exceed the
21 difference between the entitled benefit payment level and the
22 amount of income actually received.
23 (c) General assistance shall be provided only to persons who
24 are not members of assistance units receiving federal aid
25 assistance, except as provided in subsection (6)(a)(ii)(A) and (b)
26 of this section, and will accept available services which can
27 reasonably be expected to enable the person to work or reduce the
28 need for assistance unless there is good cause to refuse. Failure
29 to accept such services shall result in termination until the
30 person agrees to cooperate in accepting such services and subject
31 to the following maximum periods of ineligibility after
32 reapplication:
33 (i) First failure: One week;
34 (ii) Second failure within six months: One month;
35 (iii) Third and subsequent failure within one year: Two
36 months.
37 (d) Persons found eligible for general assistance based on
38 incapacity from gainful employment may, if otherwise eligible,
p. 3 SB 5576
_1 receive general assistance pending application for federal
_2 supplemental security income benefits. Any general assistance that
_3 is subsequently duplicated by the person's receipt of supplemental
_4 security income for the same period shall be considered a debt due
_5 the state and shall by operation of law be subject to recovery
_6 through all available legal remedies.
_7 (e) The department shall adopt by rule medical criteria for
_8 general assistance eligibility to ensure that eligibility
_9 decisions are consistent with statutory requirements and are based
10 on clear, objective medical information.
11 (f) The process implementing the medical criteria shall involve
12 consideration of opinions of the treating or consulting physicians
13 or health care professionals regarding incapacity, and any
14 eligibility decision which rejects uncontroverted medical opinion
15 must set forth clear and convincing reasons for doing so.
16 (g) Recipients of general assistance based upon a finding of
17 incapacity from gainful employment who remain otherwise eligible
18 shall not have their benefits terminated absent a clear showing of
19 material improvement in their medical or mental condition or
20 specific error in the prior determination that found the recipient
21 eligible by reason of incapacitation. Recipients of general
22 assistance based upon pregnancy who relinquish their child for
23 adoption, remain otherwise eligible, and are not eligible to
24 receive benefits under the federal temporary assistance for needy
25 families program shall not have their benefits terminated until
26 the end of the month in which the period of six weeks following
27 the birth of the recipient's child falls. Recipients of the federal
28 temporary assistance for needy families program who lose their
29 eligibility solely because of the birth and relinquishment of the
30 qualifying child may receive general assistance through the end of
31 the month in which the period of six weeks following the birth of
32 the child falls.
33 (h) No person may be considered an eligible individual for
34 general assistance with respect to any month if during that month
35 the person:
36 (i) Is fleeing to avoid prosecution of, or to avoid custody or
37 confinement for conviction of, a felony, or an attempt to commit a
38 felony, under the laws of the state of Washington or the place
SB 5576 p. 4
_1 from which the person flees; or
_2 (ii) Is violating a condition of probation, community
_3 supervision, or parole imposed under federal or state law for a
_4 felony or gross misdemeanor conviction.
_5 (7) "Applicant"‑-Any person who has made a request, or on
_6 behalf of whom a request has been made, to any county or local
_7 office for assistance.
_8 (8) "Recipient"‑-Any person receiving assistance and in
_9 addition those dependents whose needs are included in the
10 recipient's assistance.
11 (9) "Standards of assistance"‑-The level of income required by
12 an applicant or recipient to maintain a level of living specified
13 by the department.
14 (10) "Resource"‑-Any cash or
other asset((, tangible or
15 intangible,)) readily convertible to cash
owned by or available to
16 the applicant ((at the time of application)),
which can be applied
17 toward meeting the applicant's need((, either
directly or by
18 conversion into money or its equivalent)). The
department ((may))
19 shall by rule designate maximum resources that an applicant may
20 retain and ((not)) be ((ineligible)) eligible
for public
21 assistance ((because of such resources. Exempt
resources shall
22 include, but are not limited to:
23 (a) A home that an applicant, recipient, or their
dependents is
24 living in, including the surrounding property;
25 (b) Household furnishings and personal effects;
26 (c) A motor vehicle, other than a motor home,
used and useful
27 having an equity value not to exceed five thousand
dollars;
28 (d) A motor vehicle necessary to transport a
physically
29 disabled household member. This exclusion is limited
to one vehicle
30 per physically disabled person;
31 (e) All other resources, including any excess of
values
32 exempted, not to exceed one thousand dollars or other
limit as set
33 by the department, to be consistent with limitations
on resources
34 and exemptions necessary for federal aid assistance.
The department
35 shall also allow recipients of temporary assistance
for needy
36 families to exempt savings accounts with combined
balances of up
37 to an additional three thousand dollars;
38 (f) Applicants for or recipients of general
assistance shall
p. 5 SB 5576
_1 have their eligibility based on resource limitations
consistent
_2 with the temporary assistance for needy families
program rules
_3 adopted by the department; and
_4 (g) If an applicant for or recipient of public
assistance
_5 possesses property and belongings in excess of the
ceiling value,
_6 such value shall be used in determining the need of
the applicant
_7 or recipient, except that: (i) The department may
exempt
_8 resources or income when the income and resources are
determined
_9 necessary to the applicant's or recipient's
restoration to
10 independence, to decrease the need for public
assistance, or to
11 aid in rehabilitating the applicant or recipient or a
dependent of
12 the applicant or recipient; and (ii) the department
may provide
13 grant assistance for a period not to exceed nine
months from the
14 date the agreement is signed pursuant to this section
to persons
15 who are otherwise ineligible because of excess real
property owned
16 by such persons when they are making a good faith
effort to
17 dispose of that property: PROVIDED, That:
18 (A) The applicant or recipient signs an agreement
to repay the
19 lesser of the amount of aid received or the net
proceeds of such
20 sale;
21 (B) If the owner of the excess property ceases to
make good
22 faith efforts to sell the property, the entire amount
of
23 assistance may become an overpayment and a debt due
the state and
24 may be recovered pursuant to RCW 43.20B.630;
25 (C) Applicants and recipients are advised of
their right to a
26 fair hearing and afforded the opportunity to
challenge a decision
27 that good faith efforts to sell have ceased, prior to
assessment
28 of an overpayment under this section; and
29 (D) At the time assistance is authorized, the
department files
30 a lien without a sum certain on the specific property)).
31 (11) "Income"‑-(a) All appreciable gains in real or personal
32 property (((cash or kind))) or other assets,
which are received by
33 or become available for use and enjoyment by an applicant or
34 recipient during the month of application or after applying for or
35 receiving public assistance. The department may by rule
((and
36 regulation)) exempt income received by an
applicant for or
37 recipient of public assistance which can be used by him or her to
38 decrease his or her need for public assistance or to aid in
SB 5576 p. 6
_1 rehabilitating him or her or his or her dependents((,
but such
_2 exemption shall not, unless otherwise provided in
this title,
_3 exceed the exemptions of resources granted under this
chapter to
_4 an applicant for public assistance)). In
addition, for cash
_5 assistance the department may disregard income pursuant to RCW
_6 74.08A.230 and 74.12.350.
_7 (b) If, under applicable federal requirements, the state has
_8 the option of considering property in the form of lump sum
_9 compensatory awards or related settlements received by an
10 applicant or recipient as income or as a resource, the department
11 shall consider such property to be a resource.
12 (12) "Need"‑-The difference between the applicant's or
13 recipient's standards of assistance for himself or herself and the
14 dependent members of his or her family, as measured by the
15 standards of the department, and value of all nonexempt resources
16 and nonexempt income received by or available to the applicant or
17 recipient and the dependent members of his or her family.
18 (13) For purposes of determining eligibility for public
19 assistance and participation levels in the cost of medical care,
20 the department shall exempt restitution payments made to people of
21 Japanese and Aleut ancestry pursuant to the Civil Liberties Act of
22 1988 and the Aleutian and Pribilof Island Restitution Act passed
23 by congress, P.L. 100‑383, including all income and resources
24 derived therefrom.
25 (14) In the construction of words and phrases used in this
26 title, the singular number shall include the plural, the masculine
27 gender shall include both the feminine and neuter genders and the
28 present tense shall include the past and future tenses, unless the
29 context thereof shall clearly indicate to the contrary.
30 Sec. 2. RCW 74.13.0903 and 1997 c 58 s 404 are each amended to
31 read as follows:
32 The office of child care policy is established to operate under
33 the authority of the department of social and health services. The
34 duties and responsibilities of the office include, but are not
35 limited to, the following, within appropriated funds:
36 (1) Staff and assist the child care coordinating committee in
37 the implementation of its duties under RCW 74.13.090;
p. 7 SB 5576
_1 (2) Work in conjunction with the statewide child care resource
_2 and referral network as well as local governments, nonprofit
_3 organizations, businesses, and community child care advocates to
_4 create local child care resource and referral organizations. These
_5 organizations may carry out needs assessments, resource
_6 development, provider training, technical assistance, and parent
_7 information and training;
_8 (3) Actively seek public and private money for distribution as
_9 grants to the statewide child care resource and referral network
10 and to existing or potential local child care resource and
11 referral organizations;
12 (4) Adopt rules regarding the application for and distribution
13 of grants to local child care resource and referral
14 organizations. The rules shall, at a minimum, require an applicant
15 to submit a plan for achieving the following objectives:
16 (a) Provide parents with information about child care
17 resources, including location of services and subsidies;
18 (b) Carry out child care provider recruitment and training
19 programs, including training under RCW 74.25.040;
20 (c) Offer support services, such as parent and provider
21 seminars, toy-lending libraries, and substitute banks;
22 (d) Provide information for businesses regarding child care
23 supply and demand;
24 (e) Advocate for increased public and private sector resources
25 devoted to child care;
26 (f) Provide technical assistance to employers regarding
27 employee child care services; and
28 (g) Serve recipients of temporary assistance for needy families
29 and low-income working parents ((with incomes
at or below
30 household incomes of one hundred seventy-five percent
of the
31 federal poverty line));
32 (5) Provide staff support and technical assistance to the
33 statewide child care resource and referral network and local child
34 care resource and referral organizations;
35 (6) Maintain a statewide child care licensing data bank and
36 work with department of social and health services licensors to
37 provide information to local child care resource and referral
38 organizations about licensed child care providers in the state;
SB 5576 p. 8
_1 (7) Through the statewide child care resource and referral
_2 network and local resource and referral organizations, compile
_3 data about local child care needs and availability for future
_4 planning and development;
_5 (8) Coordinate with the statewide child care resource and
_6 referral network and local child care resource and referral
_7 organizations for the provision of training and technical
_8 assistance to child care providers; and
_9 (9) Collect and assemble information regarding the availability
10 of insurance and of federal and other child care funding to assist
11 state and local agencies, businesses, and other child care
12 providers in offering child care services.
‑‑‑ END ‑‑‑
p. 9 SB 5576