BILL REQ. #:  H-1588.6 

READ FIRST TIME 03/04/05.   

     AN ACT Relating to veterans' relief; amending RCW 73.08.010, 73.08.070, 73.08.080, and 41.04.007; adding new sections to chapter 73.08 RCW; creating a new section; and repealing RCW 73.08.030, 73.08.040, 73.08.050, and 73.08.060.

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

NEW SECTION.  Sec. 1   (1) It is the intent of the legislature that each county establish a veterans' assistance program to benefit indigent veterans and their families. These programs must be funded, at least in part, by veterans' assistance funds. The legislature intends also for each county to establish a veterans' advisory board responsible for advising the county legislative authority on needed and appropriate assistance programs for local indigent veterans and their families. Recognizing the valuable insight and perspectives that veterans offer, it is the intent of the legislature that each board be comprised entirely of veterans.
     (2) The legislature recognizes that ongoing veterans' relief or assistance programs in some areas of the state have provided meaningful assistance to indigent veterans and family members. The legislature further recognizes that veterans' service organizations have traditionally been the initial point of contact for indigent veterans and family members seeking assistance. In recognition of these factors, the legislature intends to authorize, upon the satisfaction of certain administrative requirements, existing veterans' relief or assistance programs to continue providing needed and effective assistance to indigent veterans and their families.
     (3) The legislature recognizes that counties respond to the needs of indigent veterans and family members in the manner most appropriate to the needs and resources of the county. The legislature intends for the provisions of this act to facilitate the effective use of assistance funds through efficient model programs that benefit veterans and family members experiencing financial hardships.
     (4) It is the policy of the state of Washington that bias shall not play a role in the distribution of the veterans' assistance fund.

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) "Direct costs" includes those allowable costs that can be readily assigned to the statutory objectives of this chapter, consistent with the cost principles promulgated by the federal office of management and budget in circular No. A-87, dated May 10, 2004.
     (2) "Family" means the spouse, widow, widower, and dependent children of a living or deceased veteran.
     (3) "Indigent" means a person who is defined as such by the county legislative authority using one or more of the following definitions:
     (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;
     (b) Receiving an annual income, after taxes, of up to one hundred fifty percent or less of the current federally established poverty level, or receiving an annual income not exceeding a higher qualifying income established by the county legislative authority; or
     (c) Unable to pay reasonable costs for shelter, food, utilities, and transportation 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 the identification and tracking of those costs cannot be readily assigned to a specific statutory objective without an accounting effort that is disproportionate to the benefit received. A county legislative authority may allocate allowable indirect costs to its veterans' assistance fund if it is accomplished in a manner consistent with the cost principles promulgated by the federal office of management and budget in circular No. A-87, dated May 10, 2004.
     (5) "Veteran" has the same meaning as defined in RCW 41.04.005 and 41.04.007.
     (6) "Veterans' advisory board" means a board established by a county legislative authority under the authority of section 4 of this act.
     (7) "Veterans' assistance fund" means an account in the custody of the county auditor, or the chief financial officer in a county operating under a charter, that is funded by taxes levied under the authority of RCW 73.08.080.
     (8) "Veterans' assistance program" means a program approved by the county legislative authority under the authority of RCW 73.08.010 that is fully or partially funded by the veterans' assistance fund authorized by RCW 73.08.080.

Sec. 3   RCW 73.08.010 and 2002 c 292 s 7 are each amended to read as follows:
     (1) For the relief of indigent ((and suffering)) veterans ((as defined in RCW 41.04.007 and)), their families ((or)), and the families of ((those)) deceased indigent veterans, ((who need assistance in any city, town or precinct in this state,)) the legislative authority of ((the)) each 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 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)) shall establish a veterans' assistance program to address the needs of local indigent veterans and their families. The county legislative authority shall consult with and solicit recommendations from the veterans' advisory board established under section 4 of this act to determine the appropriate services needed for local indigent veterans. Veterans' assistance programs shall be funded, at least in part, by the veterans' assistance fund created under the authority of RCW 73.08.080.
     (2) The county legislative authority may authorize other entities to administer a veterans' assistance program or programs through grants, contracts, or interlocal agreements. If the county legislative authority authorizes another entity to administer a veterans' assistance program or programs, the terms of the grant, contract, or interlocal agreement must, for each program, specify:
     (a) The details of the program;
     (b) The responsibilities of all parties;
     (c) The duration of the program;
     (d) The costs and sources of funding;
     (e) Any insurance or bond requirements;
     (f) The format and frequency of progress and final reports; and
     (g) Any other information deemed necessary or appropriate by either party.
     (3) If the county legislative authority authorizes another entity to administer a veterans' assistance program or programs, the authorized entity should, to the extent feasible and consistent with this chapter, ensure that a local branch of a nationally recognized veterans' service organization is the initial point of contact for a veteran or family member seeking assistance.
     (4) Nothing in this section shall prohibit or be construed as prohibiting a county from authorizing the continued operation of a veterans' relief or assistance program or programs existing on January 1, 2005, if the authorizing legislative authority:
     (a) Solicits advice from the veterans' advisory board established in section 4 of this act; and
     (b) Satisfies the grant, contractual, or interlocal agreement requirements of subsection (2) of this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 73.08 RCW to read as follows:
     (1) The legislative authority for each county must establish a veterans' advisory board. Upon its establishment, the board shall advise the county legislative authority on the needs of local indigent veterans, the resources available to local indigent veterans, and programs that could benefit the needs of local indigent veterans and their families.
     (2) The county legislative authority must solicit representatives from either local branches of nationally recognized veterans' service organizations or the veterans' community at large, or both, to serve on the board. No fewer than a majority of the board members shall be members from nationally recognized veterans' service organizations and only veterans are eligible to serve as board members.
     (3) Service on the board is voluntary. The county legislative authority may provide for reimbursement to board members for expenses incurred.

Sec. 5   RCW 73.08.070 and 2002 c 292 s 9 are each amended to read as follows:
     ((It shall be the duty of)) (1) The legislative authority ((in each of the counties in this state to)) for each county must designate ((some)) a proper authority ((other than the one designated by law for the care of paupers and the custody of criminals who shall cause to be interred)) to be responsible, at the expense of the county ((the body of any honorably discharged veterans as defined in RCW 41.04.007 and the wives, husbands, minor children, widows or widowers of such veterans, who shall hereafter die)), for the burial or cremation of any deceased indigent veteran or deceased family member of an indigent veteran who died without leaving means sufficient to defray funeral 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 shall not cost more than)). The costs of such a burial or cremation may not exceed the limit established by the county legislative authority nor be less than three hundred dollars.
     (2) 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)) auditor, or by the chief financial officer in a county operating under a charter. Payment shall be made to the relatives or friends upon presenting to the auditor or chief financial officer due proof of the death ((and)), burial ((of any person provided for by this section and proof of expenses incurred)) or cremation, and expenses incurred.
     (3) Expenses incurred for the burial or cremation of a deceased indigent veteran or the deceased family member of an indigent veteran as provided by this section shall be paid from the veterans' assistance fund authorized by RCW 73.08.080.

Sec. 6   RCW 73.08.080 and 1985 c 181 s 2 are each amended to read as follows:
     (1) The legislative ((authorities of the several counties in this state)) authority in each county 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)) a veterans' assistance fund ((for the relief of honorably discharged veterans as defined in RCW 41.04.005 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)). Expenditures from the veterans' assistance fund, and interest earned on balances from the fund, may be used only for:
     (a) The veterans' assistance programs authorized by RCW 73.08.010;
     (b) The burial or cremation of a deceased indigent veteran or deceased family member of an indigent veteran as authorized by RCW 73.08.070; and
     (c) The direct and indirect costs incurred in the administration of the fund as authorized by subsection (2) of this section.
     (2) If the funds on deposit((, less outstanding warrants, residing)) in the ((veteran's)) veterans' assistance fund, less outstanding warrants, 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)). The direct and indirect costs incurred in the administration of ((said veteran's)) the veterans' assistance fund shall be computed by the county ((treasurer)) auditor, or the chief financial officer in a county operating under a charter, not less than annually ((and such amount)). Following the computation of these direct and indirect costs, an amount equal to these costs may then be transferred from the ((veteran's)) veterans' assistance fund ((as herein provided for)) to the county current expense fund.
     (3) 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.

Sec. 7   RCW 41.04.007 and 2002 c 292 s 2 are each amended to read as follows:
     "Veteran" includes every person, who at the time he or she seeks the benefits of RCW 72.36.030, 41.04.010, 73.04.090, 73.04.110, 73.08.010, ((73.08.060,)) 73.08.070, or 73.08.080 has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:
     (1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;
     (2) As a member of the women's air forces service pilots;
     (3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up ((for at least one hundred eighty cumulative days));
     (4) As a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or
     (5) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945.

NEW SECTION.  Sec. 8   A new section is added to chapter 73.08 RCW to read as follows:
     The department of social and health services shall exempt payments provided under sections 2 and 4 of this act and RCW 73.08.010, 73.08.070, and 73.08.080 when determining eligibility for public assistance.

NEW SECTION.  Sec. 9   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;
     (3) RCW 73.08.050 (Performance bond may be required) and 1983 c 295 s 3, 1947 c 180 s 4, 1945 c 144 s 4, 1921 c 41 s 4, 1907 c 64 s 4, & 1888 p 209 s 4; and
     (4) 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.