BILL REQ. #: S-2862.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 04/14/11. Referred to Committee on Ways & Means.
AN ACT Relating to the disability lifeline programs; amending RCW 74.04.005, 43.330.175, and 43.185C.060; reenacting and amending RCW 74.09.035 and 43.84.092; adding new sections to chapter 74.04 RCW; creating a new section; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 74.04 RCW
to read as follows:
(1) The disability lifeline expedited program may provide aid and
support in accordance with the conditions set out in this subsection.
(a) Aid and support may be provided to persons who are not eligible
to receive federal aid assistance, other than basic food benefits
transferred electronically and medical assistance, and meet one of the
following conditions:
(i) Are pregnant and in need, based upon the current income and
resource requirements of the federal temporary assistance for needy
families program; or
(ii) Are likely to qualify for federal supplemental security income
benefits based on medical and behavioral health evidence that appears
to meet the disability standards used for the federal supplemental
security income program, based upon an examination by an appropriate
health care provider. In determining whether an applicant is likely to
meet the disability standards of the federal supplemental security
income program, the department should give full consideration to the
cumulative impact of an applicant's multiple impairments, an
applicant's age, and his or her vocational and educational history. To
improve access to timely evaluations, the department should allow mid-level practitioners, such as advanced registered nurse practitioners
and licensed mental health practitioners, to conduct evaluations, with
review and approval by medical practitioners. The process should be
sufficient to indicate a likelihood of whether a person would meet the
federal supplemental security income disability standard; and
(A) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(B) Have furnished the department his or her social security
number. If the social security number cannot be furnished because it
has not been issued or is not known, the applicant shall apply for a
number prior to authorization of benefits, and the applicant shall
provide the social security number to the department upon receipt;
(C) Meet income and resource standards established by the
department, consistent with any standards established by the
legislature in the biennial omnibus appropriations act; and
(D) Have not refused or failed without good cause to participate in
drug or alcohol treatment if an assessment by a certified chemical
dependency counselor indicates a need for such treatment. Good cause
must be found to exist when a person's physical or mental condition, as
determined by the department, prevents the person from participating in
drug or alcohol dependency treatment, when needed outpatient drug or
alcohol treatment is not available to the person in the county of his
or her residence or when needed inpatient treatment is not available in
a location that is reasonably accessible for the person.
(b) The following persons are not eligible for the disability
lifeline expedited program:
(i) Persons who are unemployable due primarily to alcohol or drug
addiction. These persons 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. This
subsection shall not be construed to prohibit the department from
granting disability lifeline expedited benefits to alcoholics and drug
addicts who are incapacitated due to other physical or mental
conditions that meet the eligibility criteria for the disability
lifeline expedited program;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause.
(c) Persons may receive disability lifeline expedited benefits
pending application for federal supplemental security income benefits.
The monetary value of any disability lifeline expedited benefit 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.
(d) No person may be considered an eligible individual for
disability lifeline expedited benefits with respect to any month if
during that month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(ii) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(e) For purposes of this subsection (1), "aid and support" means as
follows:
(i) For persons who are homeless persons as defined in RCW
43.185C.010(9), a housing voucher and a monthly stipend, the amount of
each to be established in the biennial omnibus appropriations act; or
(ii) For persons who are not homeless persons, a monthly stipend,
the amount of which shall be determined in the biennial omnibus
appropriations act.
(2) The disability lifeline aged, blind, and disabled program shall
provide aid and support to persons who are citizens or aliens lawfully
admitted for permanent residence or otherwise residing in the United
States under color of law, meet the age, blindness, or disability
standards of the federal supplemental security income program but are
ineligible for federal supplemental security income benefits for a
reason other than failure to cooperate with program requirements.
NEW SECTION. Sec. 2 A new section is added to chapter 74.04 RCW
to read as follows:
The disability lifeline unemployable program is established to
provide support services in accordance with the conditions set out in
this section. Nothing in this section creates an entitlement to
receipt of support services for those persons who meet the eligibility
standards under this section.
(1) To the extent of available funding and as provided in the
biennial omnibus appropriations act, the following persons are eligible
to receive medical care services under RCW 74.09.035 and disability
lifeline unemployable support services:
(a) Persons who are not eligible to receive aid and support under
the disability lifeline expedited or aged, blind, and disabled programs
under section 1 of this act, or federal aid assistance, other than
basic food benefits transferred electronically and medical assistance,
and are 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. The standard for incapacity in this
subsection, as evidenced by the ninety-day duration standard, is not
intended to be as stringent as federal supplemental security income
disability standards;
(b) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(c) Have furnished the department their social security number. If
the social security number cannot be furnished because it has not been
issued or is not known, the applicant shall apply for a number prior to
authorization of benefits, and shall provide the department with the
social security number upon receipt; and
(d) Meet income and resource standards established by the
department, consistent with any standards established by the
legislature in the biennial omnibus appropriations act.
(2) To the extent of available funding and as provided in the
biennial omnibus appropriations act, each person found eligible under
subsection (1) of this section will be enrolled in disability lifeline
medical services and, if homeless, provided a referral to the
department of commerce for assistance in meeting the person's housing
needs.
(3) The following persons are not eligible for disability lifeline
unemployable support services:
(a) Persons who are unemployable due primarily to alcohol or drug
addiction. These persons 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. This
subsection shall not be construed to prohibit the department from
granting disability lifeline unemployable support services to
alcoholics and drug addicts who are incapacitated due to other physical
or mental conditions that meet the eligibility criteria for the
disability lifeline - unemployable program; and
(b) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause.
(4) For purposes of determining whether a person is incapacitated
from gainful employment under (a) of this subsection:
(a) The department shall adopt by rule medical criteria for
incapacity determinations to ensure that eligibility decisions are
consistent with statutory requirements and are based on clear,
objective medical information; and
(b) 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 an uncontroverted medical opinion must set forth
clear and convincing reasons for doing so.
(5) For purposes of reviewing a person's continuing eligibility,
persons receiving disability lifeline unemployable support services
based upon a finding of incapacity from gainful employment who remain
otherwise eligible must demonstrate that there has been no material
improvement in their medical or mental health condition. The
department may discontinue support services when there was specific
error in the prior determination that found the person eligible by
reason of incapacitation.
Sec. 3 RCW 74.09.035 and 2010 1st sp.s. c 8 s 29 and 2010 c 94 s
22 are each reenacted and amended to read as follows:
(1) To the extent of available funds and as directed in the
biennial omnibus appropriations act, medical care services may be
provided to ((recipients of disability lifeline benefits, persons
denied disability lifeline benefits under RCW 74.04.005(5)(b) or
74.04.655 who otherwise meet the requirements of RCW
74.04.005(5)(a),)):
(a) Persons who meet the eligibility requirements of section 2(1)
(a), (b), and (c) of this act; and
(b) Recipients of alcohol and drug addiction services provided
under chapter 74.50 RCW, in accordance with medical eligibility
requirements established by the department. ((To the extent authorized
in the operating budget, upon implementation of a federal medicaid 1115
waiver providing federal matching funds for medical care services,
these services also may be provided to persons who have been terminated
from disability lifeline benefits under RCW 74.04.005(5)(h).))
Enrollment in medical care services may not result in expenditures that
exceed the amount that has been appropriated in the biennial omnibus
appropriations act. If it appears that continued enrollment will
result in expenditures exceeding the appropriated level for a
particular fiscal year, the department shall freeze new enrollment and
establish a waiting list of eligible persons who may receive benefits
only when sufficient funds are available.
(2) Determination of the amount, scope, and duration of medical
care services shall be limited to coverage as defined by the
department, except that adult dental, and routine foot care shall not
be included unless there is a specific appropriation for these
services.
(3) The department shall enter into performance-based contracts
with one or more managed health care systems for the provision of
medical care services to recipients of disability lifeline benefits.
The contract must provide for integrated delivery of medical and mental
health services.
(4) The department shall establish standards of assistance and
resource and income exemptions, which may include deductibles and co-insurance provisions. In addition, the department may include a
prohibition against the voluntary assignment of property or cash for
the purpose of qualifying for assistance.
(5) Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for persons with
intellectual disabilities, as that term is described by federal law,
who are eligible for medical care services shall be provided medical
services to the same extent as provided to those persons eligible under
the medical assistance program.
(6) ((Payments made by the department under this program shall be
the limit of expenditures for medical care services solely from state
funds.)) Eligibility for medical care services shall commence with the
date of certification for disability lifeline benefits under section
2(1) of this act or the date of eligibility for alcohol and drug
addiction services provided under chapter 74.50 RCW.
(7)
Sec. 4 RCW 74.04.005 and 2010 1st sp.s. c 8 s 4 are each 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, disability lifeline
benefits 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) "Disability lifeline - unemployable program" means ((a program
that provides aid and support in accordance with the conditions set out
in this subsection.)) the program established in section 2 of this
act.
(a) Aid and assistance shall be provided to persons who are not
eligible to receive federal aid assistance, other than basic food
benefits transferred electronically and medical assistance and meet one
of the following conditions:
(i) Are pregnant and in need, based upon the current income and
resource requirements of the federal temporary assistance for needy
families program; or
(ii) Are 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. The standard for incapacity in
this subsection, as evidenced by the ninety-day duration standard, is
not intended to be as stringent as federal supplemental security income
disability standards; and
(A) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(B) Have furnished the department their social security number. If
the social security 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 benefits, and the social security number shall be
provided to the department upon receipt;
(C) Have not refused or failed without good cause to participate in
drug or alcohol treatment if an assessment by a certified chemical
dependency counselor indicates a need for such treatment. Good cause
must be found to exist when a person's physical or mental condition, as
determined by the department, prevents the person from participating in
drug or alcohol dependency treatment, when needed outpatient drug or
alcohol treatment is not available to the person in the county of his
or her residence or when needed inpatient treatment is not available in
a location that is reasonably accessible for the person; and
(D) Have not refused or failed without good cause to participate in
vocational rehabilitation services, if an assessment conducted under
RCW 74.04.655 indicates that the person might benefit from such
services. Good cause must be found to exist when a person's physical
or mental condition, as determined by the department, prevents the
person from participating in vocational rehabilitation services, or
when vocational rehabilitation services are not available to the person
in the county of his or her residence.
(b)(i) Persons who initially apply and are found eligible for
disability lifeline benefits based upon incapacity from gainful
employment under (a) of this subsection on or after September 2, 2010,
who are homeless and have been assessed as needing chemical dependency
or mental health treatment or both, must agree, as a condition of
eligibility for the disability lifeline program, to accept a housing
voucher in lieu of a cash grant if a voucher is available. The
department shall establish the dollar value of the housing voucher.
The dollar value of the housing voucher may differ from the value of
the cash grant. Persons receiving a housing voucher under this
subsection also shall receive a cash stipend of fifty dollars per
month.
(ii) If the department of commerce has determined under RCW
43.330.175 that sufficient housing is not available, persons described
in this subsection who apply for disability lifeline benefits during
the time period that housing is not available shall receive a cash
grant in lieu of a cash stipend and housing voucher.
(iii) Persons who refuse to accept a housing voucher under this
subsection but otherwise meet the eligibility requirements of (a) of
this subsection are eligible for medical care services benefits under
RCW 74.09.035, subject to the time limits in (h) of this subsection.
(c) The following persons are not eligible for the disability
lifeline program:
(i) Persons who are unemployable due primarily to alcohol or drug
addiction. These persons 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. This
subsection shall not be construed to prohibit the department from
granting disability lifeline benefits to alcoholics and drug addicts
who are incapacitated due to other physical or mental conditions that
meet the eligibility criteria for the disability lifeline program;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause.
(d) Disability lifeline benefits shall be provided only to persons
who are not members of assistance units receiving federal aid
assistance, except as provided in (a) of this subsection, and who will
accept available services that 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.
(e) Persons who are likely eligible for federal supplemental
security income benefits shall be moved into the disability lifeline
expedited component of the disability lifeline program. Persons placed
in the expedited component of the program may, if otherwise eligible,
receive disability lifeline benefits pending application for federal
supplemental security income benefits. The monetary value of any
disability lifeline benefit 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.
(f) For purposes of determining whether a person is incapacitated
from gainful employment under (a) of this subsection:
(i) The department shall adopt by rule medical criteria for
disability lifeline incapacity determinations to ensure that
eligibility decisions are consistent with statutory requirements and
are based on clear, objective medical information; and
(ii) 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) Persons receiving disability lifeline benefits based upon a
finding of incapacity from gainful employment who remain otherwise
eligible shall have their benefits discontinued unless the recipient
demonstrates no material improvement in their medical or mental health
condition. The department may discontinue benefits when there was
specific error in the prior determination that found the person
eligible by reason of incapacitation.
(h)(i) Beginning September 1, 2010, no person who is currently
receiving or becomes eligible for disability lifeline program benefits
shall be eligible to receive benefits under the program for more than
twenty-four months in a sixty-month period. For purposes of this
subsection, months of receipt of general assistance-unemployable
benefits count toward the twenty-four month limit. Months during which
a person received benefits under the expedited component of the
disability lifeline or general assistance program or under the aged,
blind, or disabled component of the disability lifeline or general
assistance program shall not be included when determining whether a
person has been receiving benefits for more than twenty-four months.
On or before July 1, 2010, the department must review the cases of all
persons who have received disability lifeline benefits or general
assistance unemployable benefits for at least twenty months as of that
date. On or before September 1, 2010, the department must review the
cases of all remaining persons who have received disability lifeline
benefits for at least twelve months as of that date. The review should
determine whether the person meets the federal supplemental security
income disability standard and, if the person does not meet that
standard, whether the receipt of additional services could lead to
employability. If a need for additional services is identified, the
department shall provide case management services, such as assistance
with arranging transportation or locating stable housing, that will
facilitate the person's access to needed services. A person may not be
determined ineligible due to exceeding the time limit unless he or she
has received a case review under this subsection finding that the
person does not meet the federal supplemental security income
disability standard.
(ii) The time limits established under this subsection expire June
30, 2013.
(i) No person may be considered an eligible individual for
disability lifeline benefits with respect to any month if during that
month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(ii) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction
(6) "Disability lifeline expedited" means ((a component of the
disability lifeline program under which persons receiving disability
lifeline benefits have been determined, after examination by an
appropriate health care provider, to be likely to be eligible for
federal supplemental security income benefits based on medical and
behavioral health evidence that meets the disability standards used for
the federal supplemental security income program.)) the program established under section 1 of this act.
(7)
(7) "Disability lifeline aged, blind, and disabled" means the
program established under section 1 of this act.
(8) "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.
(((8))) (9) "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.
(((9))) (10) "Recipient" -- Any person receiving assistance and in
addition those dependents whose needs are included in the recipient's
assistance.
(((10))) (11) "Standards of assistance" -- The level of income
required by an applicant or recipient to maintain a level of living
specified by the department.
(((11))) (12) "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. The department may by rule
designate resources that an applicant may retain and not be ineligible
for public assistance because of such resources. Exempt resources
shall include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is
living in, including the surrounding property;
(b) Household furnishings and personal effects;
(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 household member with
a physical disability. This exclusion is limited to one vehicle per
person with a physical disability;
(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 disability lifeline benefits
shall have their eligibility based on resource limitations consistent
with the temporary assistance for needy families program rules adopted
by the department; and
(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.
(((12))) (13) "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 addition, for cash
assistance the department may disregard income pursuant to RCW
74.08A.230 and 74.12.350.
(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.
(((13))) (14) "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.
(((14))) (15) 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.
(((15))) (16) 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.
NEW SECTION. Sec. 5 Nothing in this act shall be construed to
affect the hearing rights of any person who filed an appeal related to
actions taken under the security lifeline act of 2010, chapter 8, Laws
of 2010 1st sp. sess., prior to the effective date of this section.
Sec. 6 RCW 43.330.175 and 2010 1st sp.s. c 8 s 8 are each amended
to read as follows:
(((1))) To address the housing issues faced by the disability
lifeline applicants in ((RCW 74.04.005(5)(b))) sections 1 and 2 of this
act, the department of commerce and the department of social and health
services shall jointly develop a housing voucher program. The
departments also shall develop housing resources to be used by the
applicants ((in RCW 74.04.005(5)(b))). To the greatest extent
possible, the housing resources shall follow the supportive housing
model. The department of commerce shall administer the housing voucher
program and shall:
(((a))) (1) Identify the current supply of private and public
housing including acquisition and rental of existing housing stock;
(((b))) (2) Develop funding strategies for the development of
housing resources; and
(((c))) (3) Design the voucher program to maximize the ability of
the department of social and health services to recover federal
funding.
(((2) If the department of commerce determines that the housing
supply is inadequate to meet the need for those applicants qualifying
for housing vouchers under RCW 74.04.005(5)(b), those applicants shall
instead receive a cash grant administered by the department of social
and health services. Upon the department of commerce's determination
that the housing supply is adequate to meet the needs of the applicants
in RCW 74.04.005(5)(b), housing vouchers rather than cash grants shall
be issued to these applicants who apply on or after the department's
determination.))
(3) The department of commerce and the department of social and
health services shall evaluate the impact of the use of housing
vouchers under this section and report to the governor and relevant
policy and fiscal committees of the legislature by November 30, 2012,
on the following items:
(a) The supply, affordability, appropriateness, and use of stable
housing;
(b) The following outcomes for persons receiving disability
lifeline housing vouchers:
(i) Participation in and completion of chemical dependency or
mental health treatment;
(ii) Contact with law enforcement, including arrest and conviction
data;
(iii) Use of emergency room services; and
(iv) Involuntary commitment under chapter 71.05 RCW.
Sec. 7 RCW 43.185C.060 and 2007 c 427 s 6 are each amended to
read as follows:
The home security fund account is created in the state treasury,
subject to appropriation. The state's portion of the surcharge
established in RCW 36.22.179 and 36.22.1791 must be deposited in the
account. A priority for expenditures from the account ((may)) shall be
((used only)) for homeless recipients of disability lifeline -unemployable. Expenditures from the account may also be used for
homeless housing programs as described in this chapter.
NEW SECTION. Sec. 8 A new section is added to chapter 74.04 RCW
to read as follows:
The disability lifeline account is created in the custody of the
state treasurer. Expenditures from the account may be used only for
assisting disability lifeline clients with housing issues. The account
is subject to appropriation and to the allotment procedures under
chapter 43.88 RCW.
Sec. 9 RCW 43.84.092 and 2010 1st sp.s. c 30 s 20, 2010 1st sp.s.
c 9 s 7, 2010 c 248 s 6, 2010 c 222 s 5, 2010 c 162 s 6, and 2010 c 145
s 11 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University
capital projects account, the charitable, educational, penal and
reformatory institutions account, the cleanup settlement account, the
Columbia river basin water supply development account, the common
school construction fund, the county arterial preservation account, the
county criminal justice assistance account, the county sales and use
tax equalization account, the deferred compensation administrative
account, the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, the freight
congestion relief account, the freight mobility investment account, the
freight mobility multimodal account, the grade crossing protective
fund, the public health services account, the health system capacity
account, the high capacity transportation account, the state higher
education construction account, the higher education construction
account, the highway bond retirement fund, the highway infrastructure
account, the highway safety account, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the judges' retirement
account, the judicial retirement administrative account, the judicial
retirement principal account, the disability lifeline account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the marine resources
stewardship trust account, the medical aid account, the mobile home
park relocation fund, the motor vehicle fund, the motorcycle safety
education account, the multiagency permitting team account, the
multimodal transportation account, the municipal criminal justice
assistance account, the municipal sales and use tax equalization
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public transportation systems account, the
public works assistance account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the Puyallup tribal
settlement account, the real estate appraiser commission account, the
recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural Washington loan fund, the site closure account, the
small city pavement and sidewalk account, the special category C
account, the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the state
investment board expense account, the state investment board commingled
trust fund accounts, the state patrol highway account, the state route
number 520 civil penalties account, the state route number 520 corridor
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the urban arterial trust
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool
account, the Washington state patrol retirement account, the Washington
State University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 10 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011.