AN
ACT Relating to food stamps or food stamp benefits transferred electronically;
amending RCW 9.91.140, 10.101.010, 34.05.482, 43.20B.620, 43.20B.630,
74.04.300, 74.04.380, 74.04.500, 74.04.510, 74.04.515, 74.04.520, 74.04.750,
74.08.046, 74.08.080, 74.08.331, 74.25A.045, 82.08.0297, and 82.12.0297; and
reenacting and amending RCW 74.04.005.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.91.140 and 1996 c 78 s 1 are each amended to read as follows:
(1)
A person who sells food stamps obtained through the program established under
RCW 74.04.500 or food stamp benefits transferred electronically, or food
purchased therewith, is guilty of a gross misdemeanor under RCW 9A.20.021 if
the value of the stamps, benefits, or food transferred exceeds one
hundred dollars, and is guilty of a misdemeanor under RCW 9A.20.021 if the
value of the stamps, benefits, or food transferred is one hundred
dollars or less.
(2)
A person who purchases, or who otherwise acquires and sells, or who traffics
in, food stamps as defined by the federal food stamp act, as amended, ((())7
U.S.C. Sec. 2011 et seq.(())), or food stamp benefits transferred
electronically, is guilty of a class C felony under RCW 9A.20.021 if the
face value of the stamps or benefits exceeds one hundred dollars, and is
guilty of a gross misdemeanor under RCW 9A.20.021 if the face value of the
stamps or benefits is one hundred dollars or less.
(3)
A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and presents food
stamps as defined by the federal food stamp act, as amended, ((())7
U.S.C. Sec. 2011 et seq.(())), or food stamp benefits transferred
electronically, for redemption or causes such stamps or benefits to
be presented for redemption through the program established under RCW 74.04.500
is guilty of a class C felony under RCW 9A.20.021.
Sec.
2. RCW
10.101.010 and 1997 c 59 s 3 are each amended to read as follows:
The
following definitions shall be applied in connection with this chapter:
(1)
"Indigent" means a person who, at any stage of a court proceeding,
is:
(a)
Receiving one of the following types of public assistance: Temporary
assistance for needy families, general assistance, poverty-related veterans'
benefits, food stamps or food stamp benefits transferred electronically,
refugee resettlement benefits, medicaid, or supplemental security income; or
(b)
Involuntarily committed to a public mental health facility; or
(c)
Receiving an annual income, after taxes, of one hundred twenty-five percent or
less of the current federally established poverty level; or
(d)
Unable to pay the anticipated cost of counsel for the matter before the court
because his or her available funds are insufficient to pay any amount for the
retention of counsel.
(2)
"Indigent and able to contribute" means a person who, at any stage of
a court proceeding, is unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are less than the
anticipated cost of counsel but sufficient for the person to pay a portion of
that cost.
(3)
"Anticipated cost of counsel" means the cost of retaining private
counsel for representation on the matter before the court.
(4)
"Available funds" means liquid assets and disposable net monthly
income calculated after provision is made for bail obligations. For the
purpose of determining available funds, the following definitions shall apply:
(a)
"Liquid assets" means cash, savings accounts, bank accounts, stocks,
bonds, certificates of deposit, equity in real estate, and equity in motor
vehicles. A motor vehicle necessary to maintain employment and having a market
value not greater than three thousand dollars shall not be considered a liquid
asset.
(b)
"Income" means salary, wages, interest, dividends, and other earnings
which are reportable for federal income tax purposes, and cash payments such as
reimbursements received from pensions, annuities, social security, and public
assistance programs. It includes any contribution received from any family
member or other person who is domiciled in the same residence as the defendant
and who is helping to defray the defendant's basic living costs.
(c)
"Disposable net monthly income" means the income remaining each month
after deducting federal, state, or local income taxes, social security taxes,
contributory retirement, union dues, and basic living costs.
(d)
"Basic living costs" means the average monthly amount spent by the
defendant for reasonable payments toward living costs, such as shelter, food,
utilities, health care, transportation, clothing, loan payments, support
payments, and court-imposed obligations.
Sec.
3. RCW
34.05.482 and 1988 c 288 s 425 are each amended to read as follows:
(1)
An agency may use brief adjudicative proceedings if:
(a)
The use of those proceedings in the circumstances does not violate any
provision of law;
(b)
The protection of the public interest does not require the agency to give
notice and an opportunity to participate to persons other than the parties;
(c)
The matter is entirely within one or more categories for which the agency by
rule has adopted this section and RCW 34.05.485 through 34.05.494; and
(d)
The issue and interests involved in the controversy do not warrant use of the
procedures of RCW 34.05.413 through 34.05.479.
(2)
Brief adjudicative proceedings are not authorized for public assistance and
food stamp or benefit programs provided for in Title 74 RCW, including
but not limited to public assistance as defined in RCW 74.04.005(1).
Sec.
4. RCW
43.20B.620 and 1987 c 75 s 43 are each amended to read as follows:
Overpayments
of public assistance or food stamps or food stamp benefits transferred
electronically under RCW 74.04.300 shall become a lien against the real and
personal property of the recipient from the time of filing by the department
with the county auditor of the county in which the recipient resides or owns
property, and the lien claim has preference over the claims of all unsecured
creditors.
Debts
due the state for overpayments of public assistance or food stamps or food
stamp benefits transferred electronically may be recovered by the state by
deduction from the subsequent assistance payments to such persons, lien and
foreclosure, or order to withhold and deliver, or may be recovered by civil
action.
Sec.
5. RCW
43.20B.630 and 1989 c 175 s 100 are each amended to read as follows:
(1)
Any person who owes a debt to the state for an overpayment of public assistance
and/or food stamps or food stamp benefits transferred electronically
shall be notified of that debt by either personal service or certified mail,
return receipt requested. Personal service, return of the requested receipt,
or refusal by the debtor of such notice is proof of notice to the debtor of the
debt owed. Service of the notice shall be in the manner prescribed for the
service of a summons in a civil action. The notice shall include a statement
of the debt owed; a statement that the property of the debtor will be subject
to collection action after the debtor terminates from public assistance and/or
food stamps or benefits; a statement that the property will be subject
to lien and foreclosure, distraint, seizure and sale, or order to withhold and
deliver; and a statement that the net proceeds will be applied to the
satisfaction of the overpayment debt. Action to collect the debt by lien and
foreclosure, distraint, seizure and sale, or order to withhold and deliver, is
lawful after ninety days from the debtor's termination from public assistance
and/or food stamps or benefits or the receipt of the notice of debt,
whichever is later. This does not preclude the department from recovering
overpayments by deduction from subsequent assistance payments, not exceeding
deductions as authorized under federal law with regard to financial assistance
programs: PROVIDED, That subject to federal legal requirement, deductions
shall not exceed five percent of the grant payment standard if the overpayment
resulted from error on the part of the department or error on the part of the
recipient without willful or knowing intent of the recipient in obtaining or
retaining the overpayment.
(2)
A current or former recipient who is aggrieved by a claim that he or she owes a
debt for an overpayment of public assistance or food stamps or food stamp
benefits transferred electronically has the right to an adjudicative
proceeding pursuant to RCW 74.08.080. If no application is filed, the debt
will be subject to collection action as authorized under this chapter. If a
timely application is filed, the execution of collection action on the debt
shall be stayed pending the final adjudicative order or termination of the
debtor from public assistance and/or food stamps or food stamp benefits
transferred electronically, whichever occurs later.
Sec. 6. RCW
74.04.005 and 1997 c 59 s 10 and 1997 c 58 s 309 are each reenacted and amended
to read as follows:
For
the purposes of this title, unless the context indicates otherwise, the
following definitions shall apply:
(1)
"Public assistance" or "assistance"‑-Public aid to
persons in need thereof for any cause, including services, medical care,
assistance grants, disbursing orders, work relief, general assistance and
federal-aid assistance.
(2)
"Department"‑-The department of social and health services.
(3)
"County or local office"‑-The administrative office for one or
more counties or designated service areas.
(4)
"Director" or "secretary" means the secretary of social and
health services.
(5)
"Federal-aid assistance"‑-The specific categories of assistance
for which provision is made in any federal law existing or hereafter passed by
which payments are made from the federal government to the state in aid or in
respect to payment by the state for public assistance rendered to any category
of needy persons for which provision for federal funds or aid may from time to
time be made, or a federally administered needs-based program.
(6)(a)
"General assistance"‑-Aid to persons in need who:
(i)
Are not eligible to receive federal-aid assistance, other than food stamps or
food stamp benefits transferred electronically and medical assistance;
however, an individual who refuses or fails to cooperate in obtaining
federal-aid assistance, without good cause, is not eligible for general
assistance;
(ii)
Meet one of the following conditions:
(A)
Pregnant: PROVIDED, That need is based on the current income and resource
requirements of the federal temporary assistance for needy families program; or
(B)
Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by
reason of bodily or mental infirmity that will likely continue for a minimum of
ninety days as determined by the department.
(C)
Persons who are unemployable due to alcohol or drug addiction are not eligible
for general assistance. Persons receiving general assistance on July 26, 1987,
or becoming eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, shall be referred to appropriate assessment,
treatment, shelter, or supplemental security income referral services as
authorized under chapter 74.50 RCW. Referrals shall be made at the time of
application or at the time of eligibility review. Alcoholic and drug addicted
clients who are receiving general assistance on July 26, 1987, may remain on
general assistance if they otherwise retain their eligibility until they are
assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of
this section shall not be construed to prohibit the department from granting
general assistance benefits to alcoholics and drug addicts who are
incapacitated due to other physical or mental conditions that meet the
eligibility criteria for the general assistance program;
(iii)
Are citizens or aliens lawfully admitted for permanent residence or otherwise
residing in the United States under color of law; and
(iv)
Have furnished the department their social security account number. If the
social security account number cannot be furnished because it has not been
issued or is not known, an application for a number shall be made prior to
authorization of assistance, and the social security number shall be provided
to the department upon receipt.
(b)
Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this
section, general assistance shall be provided to the following recipients of
federal-aid assistance:
(i)
Recipients of supplemental security income whose need, as defined in this
section, is not met by such supplemental security income grant because of
separation from a spouse; or
(ii)
To the extent authorized by the legislature in the biennial appropriations act,
to recipients of temporary assistance for needy families whose needs are not
being met because of a temporary reduction in monthly income below the entitled
benefit payment level caused by loss or reduction of wages or unemployment
compensation benefits or some other unforeseen circumstances. The amount of
general assistance authorized shall not exceed the difference between the
entitled benefit payment level and the amount of income actually received.
(c)
General assistance shall be provided only to persons who are not members of
assistance units receiving federal aid assistance, except as provided in
subsection (6)(a)(ii)(A) and (b) of this section, and will accept available
services which can reasonably be expected to enable the person to work or
reduce the need for assistance unless there is good cause to refuse. Failure
to accept such services shall result in termination until the person agrees to
cooperate in accepting such services and subject to the following maximum
periods of ineligibility after reapplication:
(i)
First failure: One week;
(ii)
Second failure within six months: One month;
(iii)
Third and subsequent failure within one year: Two months.
(d)
Persons found eligible for general assistance based on incapacity from gainful
employment may, if otherwise eligible, receive general assistance pending
application for federal supplemental security income benefits. Any general
assistance that is subsequently duplicated by the person's receipt of
supplemental security income for the same period shall be considered a debt due
the state and shall by operation of law be subject to recovery through all
available legal remedies.
(e)
The department shall adopt by rule medical criteria for general assistance
eligibility to ensure that eligibility decisions are consistent with statutory
requirements and are based on clear, objective medical information.
(f)
The process implementing the medical criteria shall involve consideration of
opinions of the treating or consulting physicians or health care professionals
regarding incapacity, and any eligibility decision which rejects uncontroverted
medical opinion must set forth clear and convincing reasons for doing so.
(g)
Recipients of general assistance based upon a finding of incapacity from
gainful employment who remain otherwise eligible shall not have their benefits
terminated absent a clear showing of material improvement in their medical or
mental condition or specific error in the prior determination that found the
recipient eligible by reason of incapacitation. Recipients of general
assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits under the federal
temporary assistance for needy families program shall not have their benefits
terminated until the end of the month in which the period of six weeks
following the birth of the recipient's child falls. Recipients of the federal
temporary assistance for needy families program who lose their eligibility
solely because of the birth and relinquishment of the qualifying child may
receive general assistance through the end of the month in which the period of
six weeks following the birth of the child falls.
(7)
"Applicant"‑-Any person who has made a request, or on behalf of
whom a request has been made, to any county or local office for assistance.
(8)
"Recipient"‑-Any person receiving assistance and in addition
those dependents whose needs are included in the recipient's assistance.
(9)
"Standards of assistance"‑-The level of income required by an
applicant or recipient to maintain a level of living specified by the
department.
(10)
"Resource"‑-Any asset, tangible or intangible, owned by or
available to the applicant at the time of application, which can be applied
toward meeting the applicant's need, either directly or by conversion into
money or its equivalent: PROVIDED, That an applicant may retain the following
described resources and not be ineligible for public assistance because of such
resources.
(a)
A home, which is defined as real property owned and used by an applicant or
recipient as a place of residence, together with a reasonable amount of
property surrounding and contiguous thereto, which is used by and useful to the
applicant. Whenever a recipient shall cease to use such property for
residential purposes, either for himself or herself or his or her dependents,
the property shall be considered as a resource which can be made available to
meet need, and if the recipient or his or her dependents absent themselves from
the home for a period of ninety consecutive days such absence, unless due to
hospitalization or health reasons or a natural disaster, shall raise a
rebuttable presumption of abandonment: PROVIDED, That if in the opinion of
three physicians the recipient will be unable to return to the home during his
or her lifetime, and the home is not occupied by a spouse or dependent children
or disabled sons or daughters, such property shall be considered as a resource
which can be made available to meet need.
(b)
Household furnishings and personal effects and other personal property having
great sentimental value to the applicant or recipient, as limited by the
department consistent with limitations on resources and exemptions for federal
aid assistance.
(c)
A motor vehicle, other than a motor home, used and useful having an equity
value not to exceed five thousand dollars.
(d)
A motor vehicle necessary to transport a physically disabled household member.
This exclusion is limited to one vehicle per physically disabled person.
(e)
All other resources, including any excess of values exempted, not to exceed one
thousand dollars or other limit as set by the department, to be consistent with
limitations on resources and exemptions necessary for federal aid assistance.
The department shall also allow recipients of temporary assistance for needy
families to exempt savings accounts with combined balances of up to an
additional three thousand dollars.
(f)
Applicants for or recipients of general assistance shall have their eligibility
based on resource limitations consistent with the temporary assistance for
needy families program rules adopted by the department.
(g)
If an applicant for or recipient of public assistance possesses property and
belongings in excess of the ceiling value, such value shall be used in
determining the need of the applicant or recipient, except that: (i) The
department may exempt resources or income when the income and resources are
determined necessary to the applicant's or recipient's restoration to
independence, to decrease the need for public assistance, or to aid in
rehabilitating the applicant or recipient or a dependent of the applicant or
recipient; and (ii) the department may provide grant assistance for a period
not to exceed nine months from the date the agreement is signed pursuant to
this section to persons who are otherwise ineligible because of excess real
property owned by such persons when they are making a good faith effort to
dispose of that property: PROVIDED, That:
(A)
The applicant or recipient signs an agreement to repay the lesser of the amount
of aid received or the net proceeds of such sale;
(B)
If the owner of the excess property ceases to make good faith efforts to sell
the property, the entire amount of assistance may become an overpayment and a
debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C)
Applicants and recipients are advised of their right to a fair hearing and
afforded the opportunity to challenge a decision that good faith efforts to
sell have ceased, prior to assessment of an overpayment under this section; and
(D)
At the time assistance is authorized, the department files a lien without a sum
certain on the specific property.
(11)
"Income"‑-(a) All appreciable gains in real or personal
property (cash or kind) or other assets, which are received by or become
available for use and enjoyment by an applicant or recipient during the month
of application or after applying for or receiving public assistance. The
department may by rule and regulation exempt income received by an applicant
for or recipient of public assistance which can be used by him or her to decrease
his or her need for public assistance or to aid in rehabilitating him or her or
his or her dependents, but such exemption shall not, unless otherwise provided
in this title, exceed the exemptions of resources granted under this chapter to
an applicant for public assistance. In determining the amount of assistance to
which an applicant or recipient of temporary assistance for needy families is
entitled, the department is hereby authorized to disregard as a resource or
income the earned income exemptions consistent with federal requirements. The
department may permit the above exemption of earnings of a child to be retained
by such child to cover the cost of special future identifiable needs even
though the total exceeds the exemptions or resources granted to applicants and
recipients of public assistance, but consistent with federal requirements. In
formulating rules and regulations pursuant to this chapter, the department
shall define income and resources and the availability thereof, consistent with
federal requirements. All resources and income not specifically exempted, and
any income or other economic benefit derived from the use of, or appreciation
in value of, exempt resources, shall be considered in determining the need of
an applicant or recipient of public assistance.
(b)
If, under applicable federal requirements, the state has the option of
considering property in the form of lump sum compensatory awards or related
settlements received by an applicant or recipient as income or as a resource, the
department shall consider such property to be a resource.
(12)
"Need"‑-The difference between the applicant's or recipient's
standards of assistance for himself or herself and the dependent members of his
or her family, as measured by the standards of the department, and value of all
nonexempt resources and nonexempt income received by or available to the
applicant or recipient and the dependent members of his or her family.
(13)
For purposes of determining eligibility for public assistance and participation
levels in the cost of medical care, the department shall exempt restitution
payments made to people of Japanese and Aleut ancestry pursuant to the Civil
Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act
passed by congress, P.L. 100‑383, including all income and resources
derived therefrom.
(14)
In the construction of words and phrases used in this title, the singular
number shall include the plural, the masculine gender shall include both the
feminine and neuter genders and the present tense shall include the past and
future tenses, unless the context thereof shall clearly indicate to the
contrary.
Sec.
7. RCW
74.04.300 and 1987 c 75 s 32 are each amended to read as follows:
If
a recipient receives public assistance and/or food stamps or food stamp
benefits transferred electronically for which ((he)) the
recipient is not eligible, or receives public assistance and/or food stamps
or food stamp benefits transferred electronically in an amount greater
than that for which ((he)) the recipient is eligible, the portion
of the payment to which ((he)) the recipient is not entitled
shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620
through 43.20B.645. It shall be the duty of recipients of public assistance
and/or food stamps or food stamp benefits transferred electronically to
notify the department within twenty days of the receipt or possession of all
income or resources not previously declared to the department. The department
shall advise applicants for assistance that failure to report as required,
failure to reveal resources or income, and false statements will result in
recovery by the state of any overpayment and may result in criminal
prosecution.
Sec.
8. RCW
74.04.380 and 1979 c 141 s 313 are each amended to read as follows:
The
secretary of social and health services, from funds appropriated to ((his))
the department for such purpose, shall, upon receipt of authorization
from the governor, provide for the receiving, warehousing and distributing of
federal and other surplus food commodities for the use and assistance of
recipients of public assistance or other needy families and individuals
certified as eligible to obtain such commodities. The secretary is authorized
to enter into such agreements as may be necessary with the federal government
or any state agency in order to participate in any program of distribution of
surplus food commodities including but not limited to a food stamp or
benefit program. The secretary shall hire personnel, establish
distribution centers and acquire such facilities as may be required to carry
out the intent of this section; and ((he)) the secretary may
carry out any such program as a sole operation of the department or in
conjunction or cooperation with any similar program of distribution by private
individuals or organizations, any department of the state or any political subdivision
of the state.
The
secretary shall discontinue such program, or any part thereof, whenever in the
determination of the governor such program, or any part thereof, is no longer
in the best interest of the state.
Sec.
9. RCW
74.04.500 and 1991 c 126 s 3 are each amended to read as follows:
The
department ((of social and health services)) is authorized to establish
a food stamp or benefit program under the federal food stamp act of
1977, as amended.
Sec. 10. RCW
74.04.510 and 1981 1st ex.s. c 6 s 5 are each amended to read as follows:
The
department shall ((promulgate)) adopt rules ((and regulations))
conforming to federal laws, rules, and regulations required to be
observed in maintaining the eligibility of the state to receive from the
federal government and to issue or distribute to recipients, food stamps ((or)),
coupons, or food stamp or coupon benefits transferred electronically
under a food stamp or benefits plan. Such rules ((and regulations))
shall relate to and include, but shall not be limited to: (1) The
classifications of and requirements of eligibility of households to receive
food stamps ((or)), coupons((.)), or food stamp or
coupon benefits transferred electronically; and (2) the periods
during which households shall be certified or recertified to be eligible to
receive food stamps ((or)), coupons, or food stamp or coupon
benefits transferred electronically under this plan.
Sec.
11. RCW
74.04.515 and 1991 c 126 s 4 are each amended to read as follows:
In
administering the food stamp or benefits program, there shall be no
discrimination against any applicant or recipient by reason of age, sex,
handicap, religious creed, political beliefs, race, color, or national origin.
Sec.
12. RCW
74.04.520 and 1969 ex.s. c 172 s 8 are each amended to read as follows:
The
provisions of RCW 74.04.060 relating to disclosure of information regarding
public assistance recipients shall apply to recipients of food stamps or
food stamp benefits transferred electronically.
Sec.
13. RCW
74.04.750 and 1981 2nd ex.s. c 10 s 1 are each amended to read as follows:
(1)
Applicants and recipients under this title must satisfy all reporting
requirements imposed by the department.
(2)
The secretary shall have the discretion to consider: (a) Food stamp allotments
or food stamp benefits transferred electronically and/or (b) rent or
housing subsidies as income in determining eligibility for and assistance to be
provided by public assistance programs. If the department considers food stamp
allotments or food stamp benefits transferred electronically as income
in determining eligibility for assistance, applicants or recipients for any
grant assistance program must apply for and take all reasonable actions
necessary to establish and maintain eligibility for food stamps or food
stamp benefits transferred electronically.
Sec.
14. RCW
74.08.046 and 1982 c 127 s 1 are each amended to read as follows:
There
is designated to be included in the public assistance payment level a monthly
energy assistance allowance. The allowance shall be excluded from
consideration as income for the purpose of determining eligibility and benefit
levels of food stamp or benefits program recipients to the maximum
extent exclusion is authorized by federal law. The allowance shall be
calculated on a seasonal basis for the period of November 1st through April
30th.
Sec.
15. RCW
74.08.080 and 1997 c 59 s 12 are each amended to read as follows:
(1)(a)
A public assistance applicant or recipient who is aggrieved by a decision of
the department or an authorized agency of the department has the right to an
adjudicative proceeding. A current or former recipient who is aggrieved by a
department claim that he or she owes a debt for an overpayment of assistance or
food stamps or food stamp benefits transferred electronically, or both,
has the right to an adjudicative proceeding.
(b)
An applicant or recipient has no right to an adjudicative proceeding when the
sole basis for the department's decision is a state or federal law that
requires an assistance adjustment for a class of recipients.
(2)
The adjudicative proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW, and this subsection.
(a)
The applicant or recipient must file the application for an adjudicative
proceeding with the secretary within ninety days after receiving notice of the
aggrieving decision.
(b)
The hearing shall be conducted at the local community services office or other
location in Washington convenient to the appellant.
(c)
The appellant or his or her representative has the right to inspect his or her
department file and, upon request, to receive copies of department documents
relevant to the proceedings free of charge.
(d)
The appellant has the right to a copy of the tape recording of the hearing free
of charge.
(e)
The department is limited to recovering an overpayment arising from assistance
being continued pending the adjudicative proceeding to the amount recoverable
up to the sixtieth day after the secretary's receipt of the application for an
adjudicative proceeding.
(f)
If the final adjudicative order is made in favor of the appellant, assistance
shall be paid from the date of denial of the application for assistance or
thirty days following the date of application for temporary assistance for
needy families or forty-five days after date of application for all other
programs, whichever is sooner; or in the case of a recipient, from the
effective date of the local community services office decision.
(g)
This subsection applies only to an adjudicative proceeding in which the
appellant is an applicant for or recipient of medical assistance or the limited
casualty program for the medically needy and the issue is his or her
eligibility or ineligibility due to the assignment or transfer of a resource.
The burden is on the department to prove by a preponderance of the evidence
that the person knowingly and willingly assigned or transferred the resource at
less than market value for the purpose of qualifying or continuing to qualify
for medical assistance or the limited casualty program for the medically
needy. If the prevailing party in the adjudicative proceeding is the applicant
or recipient, he or she is entitled to reasonable attorney's fees.
(3)(((a)
[(3)])) When a person files a petition for judicial review as provided in
RCW 34.05.514 of an adjudicative order entered in a public assistance program,
no filing fee shall be collected from the person and no bond shall be required
on any appeal. In the event that the superior court, the court of appeals, or
the supreme court renders a decision in favor of the appellant, said appellant
shall be entitled to reasonable ((attorney's)) attorneys' fees
and costs. If a decision of the court is made in favor of the appellant,
assistance shall be paid from date of the denial of the application for
assistance or thirty days after the application for temporary assistance for
needy families or forty-five days following the date of application, whichever
is sooner; or in the case of a recipient, from the effective date of the local
community services office decision.
Sec.
16. RCW
74.08.331 and 1997 c 58 s 303 are each amended to read as follows:
Any
person who by means of a willfully false statement, or representation, or
impersonation, or a willful failure to reveal any material fact, condition,
or circumstance affecting eligibility or need for assistance, including medical
care, surplus commodities, and food stamps or food stamp benefits
transferred electronically, as required by law, or a willful failure to
promptly notify the county office in writing as required by law or any change
in status in respect to resources, or income, or need, or family composition,
money contribution and other support, from whatever source derived, including
unemployment insurance, or any other change in circumstances affecting the
person's eligibility or need for assistance, or other fraudulent device,
obtains, or attempts to obtain, or aids or abets any person to obtain any
public assistance to which the person is not entitled or greater public
assistance than that to which he or she is justly entitled shall be guilty of
grand larceny and upon conviction thereof shall be punished by imprisonment in
a state correctional facility for not more than fifteen years.
Any
person who by means of a willfully false statement or representation or by
impersonation or other fraudulent device aids or abets in buying, selling, or
in any other way disposing of the real property of a recipient of public
assistance without the consent of the secretary shall be guilty of a gross
misdemeanor and upon conviction thereof shall be punished by imprisonment for
not more than one year in the county jail or a fine of not to exceed one
thousand dollars or by both.
Sec.
17. RCW
74.25A.045 and 1997 c 59 s 31 are each amended to read as follows:
A
local employment partnership council shall be established in each pilot project
area to assist the department of social and health services in the
administration of this chapter and to allow local flexibility in dealing with
the particular needs of each pilot project area. Each council shall be
primarily responsible for recruiting and encouraging participation of
employment providers in the project site. Each council shall be composed of
nine members who shall be appointed by the county legislative authority of the
county in which the pilot project operates. Councilmembers shall be residents
of or employers in the pilot project area in which they are appointed and shall
serve three-year terms. The council shall have two members who are current or
former recipients of the aid to families with dependent children or temporary
assistance for needy families programs or food stamp or benefits
program, two members who represent labor, and five members who represent the
local business community. In addition, one person representing the local
community service office of the department of social and health services, one
person representing a community action agency or other nonprofit service
provider, and one person from a local city or county government shall serve as
nonvoting members.
Sec.
18. RCW
82.08.0297 and 1987 c 28 s 1 are each amended to read as follows:
The
tax levied by RCW 82.08.020 shall not apply to sales of eligible foods which
are purchased with coupons issued under the food stamp act
of 1977 or food stamp or coupon benefits transferred electronically,
notwithstanding anything to the contrary in RCW 82.08.0293.
When
a purchase of eligible foods is made with a combination of coupons issued under
the food stamp act of 1977 or food stamp or coupon
benefits transferred electronically and cash, check, or similar payment,
the cash, check, or similar payment shall be applied first to food products
exempt from tax under RCW 82.08.0293 whenever possible.
As
used in this section, "eligible foods" shall have the same meaning as
that established under federal law for purposes of the food stamp
act of 1977.
Sec.
19. RCW
82.12.0297 and 1987 c 28 s 2 are each amended to read as follows:
The
provisions of this chapter shall not apply with respect to the use of eligible
foods which are purchased with coupons issued under the food stamp
act of 1977 or food stamp or coupon benefits transferred
electronically, notwithstanding anything to the contrary in RCW 82.12.0293.
As
used in this section, "eligible foods" shall have the same meaning as
that established under federal law for purposes of the food stamp
act of 1977.
