WSR 97-17-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed August 20, 1997, 10:22 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-50-010 Food assistance program for legal immigrants.

Purpose: Implement ESB 6098 (1997), authorizing the Department of Social and Health Services to implement the food assistance program for legal immigrants. Also, EHB 3901 (1997).

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090.

Statute Being Implemented: Section 3, chapter 57, Laws of 1997.

Summary: Authorizes the Department of Social and Health Services to issue food stamps purchased from the federal government to persons adversely impacted by Public Law 104-193 due to immigrant status.

Reasons Supporting Proposal: State legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dan Ohlson, Division of Assistance Programs, Lacey, Washington, (360) 413-3074.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The new state-funded program treats persons, rendered ineligible by Public Law 104-193 due to immigrant status, as if they were eligible for federal food stamp program benefits.

Proposal does not change existing rules. Existing rules are not changed because the legislation implemented a new public assistance program. There are no changes to the existing federal food stamp program in this rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 exempts the Department of Social and Health Services rules relating to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo O'Bento restaurant), 1009 College Street S.E., Room 104B, Lacey, WA 98503, on September 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by September 15, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by September 23, 1997.

Date of Intended Adoption: No sooner than September 24, 1997.

August 19, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-50-010 Food assistance program for legal immigrants. (1) The following people are eligible for the state food assistance program for legal immigrants if otherwise eligible:

(a) An alien, lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), who can not be credited with forty qualifying quarters of coverage as defined under Title II of the Social Security Act;

(b) A refugee, admitted to the United States under section 207 of the INA, when five years have passed since the date status was granted;

(c) An alien, granted asylum under section 208 of the INA, when five years have passed since the date status was granted;

(d) An alien whose deportation is being withheld under section 243(h) of the INA when five years have passed since the date status was granted;

(e) An alien who is lawfully present in the United States under section 212 (d)(5) of INA or a grant of parole by the U. S. Attorney General;

(f) An alien who was granted conditional entry under section 203 (a)(7) of the INA as in effect prior to March 18, 1980;

(g) An alien who entered the United States after March 17, 1980 and is lawfully present under section 203 (a)(7) of the INA;

(h) An alien who:

(i) Entered the United States before January 1, 1972, or some later date as required by law; and

(ii) Has continuously maintained residency in the United States since then; and

(iii) Is not ineligible for citizenship but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the U. S. attorney general under section 249 of the Immigration and Nationality Act; or

(i) An alien who is:

(i) Granted family unity status by the Immigration and Naturalization Service; and

(ii) Whose spouse or parent is eligible to participate in the state food assistance program or the federally funded food stamp program.

(j) An aged, blind, or disabled alien admitted for temporary residence under section 245A of the INA; or

(k) An alien having temporary resident status as a special agricultural worker under section 210 of the Immigration and Nationality Act.

(2) The following persons are ineligible for the state food assistance program for legal immigrants:

(a) Alien visitors;

(b) Tourists;

(c) Diplomats;

(d) Students with temporary status; and

(e) Any person not specifically named in subsection (3) of this section.

(3) Persons who are eligible for the food assistance program will receive the same level of benefits equal to benefits provided by the federal food stamp program.

(4) When a household consists of both persons eligible for food assistance program benefits and persons eligible for federal food stamp program benefits, the total benefits will be equal to what the entire household would receive under the federal food stamp program if eligible.

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