WSR 00-05-110

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 16, 2000, 11:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-105.

Title of Rule: WAC 388-424-0015 Citizenship and alien status -- Eligibility requirements for the state family assistance program.

Purpose: The rule change will result in equitable treatment of immigrants under SFA and have it coincide with the temporary assistance to needy families (TANF) program in which residency requirements are no longer being enforced.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.08.090.

Summary: The rule will no longer require aliens who entered United States on or after August 22, 1996, to reside in Washington state for twelve consecutive months in order to receive SFA.

Reasons Supporting Proposal: Equitable treatment of immigrants under SFA and consistent with TANF in which residency requirements are no longer being enforced.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Yanagida, DAP, 1009 College Street, Lacey, WA 98504, Mailstop 45470, (360) 413-3104.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal court decision, Saenz v. Roe, 134 F.3d 1400 (1999).

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will no longer require aliens who entered United States on or after August 22, 1996, to reside in Washington state for twelve months in order to receive SFA. This change will result in equitable treatment of immigrants under SFA and have it coincide with the temporary assistance to needy families (TANF) program in which residency requirements are no longer being enforced.

Proposal Changes the Following Existing Rules: WAC 388-424-0015 Delete subsection (1) which pertains to residency requirement.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on March 21, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by March 7, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185.

Date of Intended Adoption: No sooner than March 22, 2000.

February 8, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2699.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-424-0015
Citizenship and alien status--Eligibility requirements for the state family assistance program (SFA).

(((1) Aliens who first physically enter the U.S. on or after August 22, 1996 can receive SFA only after an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months. This requirement:

(a) Applies to an alien only once during his or her lifetime; and

(b) Does not apply to North American Indians born in Canada who are allowed to cross the U.S./Canadian border freely under section 289 of the INA.

(2))) To receive SFA benefits, ((persons)) you must be:

(((a) Qualified aliens who are)) (1) A qualified alien who is not eligible for TANF benefits because of the five-year period of ineligibility described in WAC 388-424-0010(2); or

(((b) Aliens who are)) (2) An alien who is permanently residing in the U.S. under color of law (PRUCOL) as defined in WAC 388-424-0005(4).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

Washington State Code Reviser's Office