BILL REQ. #:  S-3697.2 

Read first time 01/12/2004.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to veterans' relief; amending RCW 73.04.080, 73.08.010, 73.08.050, 73.08.070, and 73.08.080; adding new sections to chapter 73.08 RCW; creating a new section; and repealing RCW 73.08.030, 73.08.040, and 73.08.060.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature that each county develop programs or procedures that are consistent with the welfare of the indigent and suffering veteran and eligible family members and that adequately include the veterans' community at large and provide for the public good.

NEW SECTION.  Sec. 2   A new section is added to chapter 73.08 RCW to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Basic living costs" means the average monthly amount spent by a veteran for reasonable payments toward living costs, such as shelter, food, utilities, and basic transportation.
     (2) "Direct costs" includes those allowable costs that can be readily assigned to the statutory objectives of this chapter.
     (3) "Indigent" includes a person who 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) Receiving an annual income, after taxes, of one hundred fifty percent or less of the current federally established poverty level, or at a level established by the legislative authorities of the county; or
     (c) Unable to pay basic living costs because his or her available funds are insufficient.
     (4) "Indirect costs" includes those allowable costs that are generally associated with carrying out the statutory objectives of this chapter, but those costs cannot be readily assigned to a specific statutory objective without an effort that is disproportionate to the benefit received.

Sec. 3   RCW 73.04.080 and 1985 c 181 s 1 are each amended to read as follows:
     Any post((, camp)) or chapter of any ((national organization of veterans now, or which may hereafter be, chartered by an act of congress which)) veterans' service organizations nationally recognized by the United States department of veterans affairs that has qualified to accept relief from the veteran's assistance fund of any county may draw upon said county fund for the payment of the rent of its regular meeting place((: PROVIDED, That)). However, no post((, camp)) or chapter shall be allowed to draw on such fund for this purpose to exceed a reasonable amount approved by the county legislative authority in any one year, or in any amount for hall rental where ((said)) the post((, camp)) or chapter is furnished quarters by the state or by any municipality.
     Before such claims are ordered paid by the county legislative authority, the commander or authorized disbursing officer of such posts((, camps)) or chapters shall file a proper claim each month with the county auditor ((for such rental)) or other authority designated by the county legislative authority.

Sec. 4   RCW 73.08.010 and 2002 c 292 s 7 are each amended to read as follows:
     For the relief of indigent and suffering veterans as defined in RCW 41.04.007 and their families or the families of those deceased, who need assistance ((in any city, town or precinct in this state)), the legislative authority of the county ((in which the city, town or precinct is situated)) shall provide such sum or sums of money ((as may be necessary, to be drawn upon by the commander and quartermaster, or commander and adjutant or commander and service officer of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress in the city or town upon recommendation of the relief committee of said post, camp or chapter: PROVIDED, Said)) provided by authorized tax levy under RCW 73.08.080 to establish, operate, and maintain a veterans' program to address the needs of indigent veterans. It is incumbent upon the county legislative authority to achieve a program that serves the needs of the veterans in the county. This program shall be administered by the county. The program may be operated by: (1) The county; or (2) the county through an interlocal agreement under chapter 39.34 RCW with (a) local veterans' service organizations; (b) veterans' coalitions; or (c) a nonprofit organization as authorized by the local legislative authority. However, the veteran or the families of those deceased ((are and have been residents of the state for at least twelve months, and the orders of said commander and quartermaster, or commander and adjutant or commander and service officer shall be the proper voucher for the expenditure of said sum or sums of money)) must be a resident of the county and must have been a resident of the state for at least twelve months immediately prior to application.

NEW SECTION.  Sec. 5   A new section is added to chapter 73.08 RCW to read as follows:
     (1) A county legislative authority must create a veterans' advisory board to represent indigent and suffering veterans and their family members within the county. The county legislative authority must determine the membership of the veterans' advisory board and its policies and procedures. However, members must be broadly representative of the veterans' community and consist of at least fifty-one percent veterans, as that term is defined in RCW 41.04.007. For the purposes of this subsection, "veteran" includes a family member of an eligible deceased veteran. Further, members must be current residents of the county and must have been residents of the state for at least twelve months immediately prior to becoming members of the veterans' advisory board. The membership of the veterans' advisory board must be composed of at least fifty-one percent veterans, as that term is defined in RCW 41.04.007.
     (2) Veterans' service organizations, veterans' coalitions, and nonprofit organizations, as authorized by the local legislative authority that are active within the county, are encouraged to submit the name of one representative per organization to the county legislative authority for purposes of determining the membership of the veterans' advisory board.
     (3) County policies and procedures governing a veterans' assistance program authorized in this chapter must be developed in collaboration with a veterans' advisory board, the county legislative authority, and the veterans' assistance program management staff where such a program exists.

NEW SECTION.  Sec. 6   A new section is added to chapter 73.08 RCW to read as follows:
     It is the responsibility of the county, veterans' service organizations, veterans' coalitions, or not-for-profit organizations administering or operating the veterans' assistance program under this chapter to submit reports to the county legislative authority on the operation of the program. These reports must be in a format agreed upon by the veterans' assistance program administrators and the county and submitted by the date required by the county. The frequency of these reports must be determined by agreement between the veterans' assistance program administrators and the county, but the required frequency may be no greater than annually. The veterans' assistance program administrator must ensure that the required data for the reports is collected and provided to the county and that no relevant data is withheld from the county.

Sec. 7   RCW 73.08.050 and 1983 c 295 s 3 are each amended to read as follows:
     The county legislative authority may require ((of the commander and quartermaster, or commander and adjutant or commander and service officer, of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress undertaking to distribute relief)) an entity fulfilling duties under this chapter to post a bond with sufficient and satisfactory sureties for the faithful and honest discharge of their duties under this chapter.

Sec. 8   RCW 73.08.070 and 2002 c 292 s 9 are each amended to read as follows:
     ((It shall be the duty of)) The county legislative authority ((in each of the counties in this state to)) must designate some proper authority, other than the one designated by law for the care of ((paupers and)) indigent persons or the custody of criminals, who ((shall cause to be interred)) is responsible for the burial or cremation at the expense of the county of the body of any honorably or general discharge under honorable conditions discharged veteran((s)) as defined in RCW 41.04.007 and the wives, husbands, minor children, widows, or widowers of such veteran((s)), who are indigent as defined in section 2 of this act, and who shall hereafter die without leaving means sufficient to defray ((funeral)) burial or cremation expenses((; and when requested so to do by the commanding officer of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress or the relief committee of any such posts, camps or chapters: PROVIDED,)). However, ((That such interment)) the burial or cremation shall not cost more than the limit established by the county legislative authority nor less than three hundred dollars. If the deceased has relatives or friends who desire to conduct the burial or cremation of such deceased person, then upon request ((of said commander or relief committee)) a sum not to exceed the limit established by the county legislative authority nor less than three hundred dollars shall be paid to ((said)) the relatives or friends by the county treasurer, upon due proof of the death and burial or cremation of any person provided for by this section and proof of expenses incurred.

Sec. 9   RCW 73.08.080 and 1985 c 181 s 2 are each amended to read as follows:
     The legislative authorities in each of the ((several)) counties in this state shall levy, in addition to the taxes now levied by law, a tax in a sum equal to the amount which would be raised by not less than one and one-eighth cents per thousand dollars of assessed value, and not greater than twenty-seven cents per thousand dollars of assessed value against the taxable property of their respective counties, to be levied and collected as now prescribed by law for the assessment and collection of taxes, for the purpose of creating the veteran's assistance fund for the relief of any honorably or general discharge under honorable conditions discharged veterans as defined in RCW ((41.04.005)) 41.04.007 and the indigent wives, husbands, widows, widowers, and minor children of such indigent or deceased veterans, to be disbursed for such relief by such county legislative authority: PROVIDED, That if the funds on deposit, less outstanding warrants, residing in the veteran's assistance fund on the first Tuesday in September exceed the expected yield of one and one-eighth cents per thousand dollars of assessed value against the taxable property of the county, the county legislative authority may levy a lesser amount: PROVIDED FURTHER, That the direct and indirect costs incurred in the administration of ((said)) the veteran's assistance fund shall be ((computed by the county treasurer not less than annually and such amount may then be transferred)) expended from the veteran's assistance fund ((as herein provided for to the county current expense fund)).
     The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

NEW SECTION.  Sec. 10   The following acts or parts of acts are each repealed:
     (1) RCW 73.08.030 (Procedure where no veterans' organization in precinct) and 1983 c 295 s 2, 1947 c 180 s 2, 1945 c 144 s 2, 1921 c 41 s 2, 1907 c 64 s 2, & 1888 p 208 s 2;
     (2) RCW 73.08.040 (Notice of intention to furnish relief -- Annual statement) and 1947 c 180 s 3, 1945 c 144 s 3, 1921 c 41 s 3, 1907 c 64 s 3, & 1888 p 209 s 3; and
     (3) RCW 73.08.060 (Restrictions on sending veterans or families to almshouses, etc.) and 2002 c 292 s 8, 1983 c 295 s 4, 1947 c 180 s 5, 1945 c 144 s 5, 1919 c 83 s 5, 1907 c 64 s 5, & 1888 p 209 s 5.