BILL REQ. #:  Z-0390.1 

Read first time 02/01/11.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to temporary assistance for needy families benefits; amending RCW 74.08.025 and 74.08A.230; adding a new section to chapter 74.12 RCW; providing effective dates; and declaring an emergency.

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

Sec. 1   RCW 74.08.025 and 2005 c 174 s 2 are each amended to read as follows:
     (1) Public assistance may be awarded to any applicant:
     (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
     (b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
     (c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
     (2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the state of Washington for fewer than twelve consecutive months immediately preceding application for assistance is limited to the benefit level in the state in which the person resided immediately before Washington, using the eligibility rules and other definitions established under this chapter, that was obtainable on the date of application in Washington state, if the benefit level of the prior state is lower than the level provided to similarly situated applicants in Washington state. The benefit level under this subsection shall be in effect for the first twelve months a recipient is on temporary assistance for needy families in Washington state.
     (3) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.
     (4) The department may implement a permanent disqualification for temporary assistance for needy families for parents who have been terminated due to WorkFirst noncompliance sanction three or more times since March 1, 2007.
     (5) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance.

Sec. 2   RCW 74.08A.230 and 1997 c 58 s 308 are each amended to read as follows:
     (1) In addition to their monthly benefit payment, a family may earn and keep ((one-half)) up to forty percent of its earnings as set by the department during every month it is eligible to receive assistance under this section.
     (2) In no event may a family be eligible for temporary assistance for needy families if its monthly gross earned income exceeds the maximum earned income level as set by the department. In calculating a household's gross earnings, the department shall disregard the earnings of a minor child who is:
     (a) A full-time student; or
     (b) A part-time student carrying at least half the normal school load and working fewer than thirty-five hours per week.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.12 RCW to read as follows:
     The department may adopt rules establishing eligibility for temporary assistance for needy families benefits for a child, other than a foster child, who lives with a caregiver other than his or her parents. These rules may include, but are not limited to, establishing income eligibility standards for the child's caregiver up to two hundred percent of the federal poverty level based on family size.

NEW SECTION.  Sec. 4   Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect April 1, 2011.

NEW SECTION.  Sec. 5   Section 3 of this act takes effect November 1, 2011.