WSR 97-21-106

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 20, 1997, 2:02 p.m.]

Supplemental Notice to WSR 97-17-100.

Preproposal statement of inquiry was filed as WSR 97-12-080.

Title of Rule: WAC 388-220-0050 Special residency requirement for aliens.

Purpose: This rule was originally filed for emergency adoption effective August 1, 1997, as WAC 388-215-1210. It imposes a 12-month residency requirement on certain legal immigrants who enter the United States after August 21, 1996, and apply for state-funded TANF benefits under the state family assistance (SFA) program.

The rule is being revised to incorporate new federal rules as required under Public Law 105-33, the Balanced Budget Act of 1997, which was signed into law on August 5, 1997. The act contains technical corrections to Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which treat certain American Indians born in Canada as nonqualified aliens who are ineligible for the federally-funded TANF program. These Indians will be eligible for SFA benefits, but federal law exempts them from the 12-month residency requirement.

The rule is being renumbered to move it into chapter 388-220 WAC, which is a more appropriate placement. This is a new WAC chapter which did not exist when the rule was originally filed. It is also being edited to incorporate new rule writing guidelines under regulatory reform.

Statutory Authority for Adoption: RCW 74.08.090 and chapter 57, Laws of 1997.

Statute Being Implemented: Chapter 57, Laws of 1997.

Summary: State family assistance is the state-funded temporary assistance to needy families (TANF) program created under ESB 6098 (1997), chapter 57, Laws of 1997, to provide aid to legal immigrant families who are no longer eligible for the federally-funded TANF program due solely to their immigration status. The legislation requires the department to limit access to benefits under SFA to those legal immigrant families in which an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months prior to applying for benefits.

Reasons Supporting Proposal: State legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Medina, WorkFirst Division, Lacey, Washington, (360) 413-3103.

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

Rule is necessary because of federal law, Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule affects legal immigrants who enter the United States after August 21, 1996, and who apply for benefits under the state family assistance (SFA) program. SFA is the state-funded program created under ESB 6098 (1997), chapter 57, Laws of 1997, to provide assistance to legal immigrants who are no longer eligible for federally-funded TANF because of their immigration status. The purpose of the rule is to limit access to SFA benefits to those legal immigrant families in which an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months prior to applying for benefits.

Proposal Changes the Following Existing Rules: WAC 388-215-1210 is changed to WAC 388-220-0050. Under existing rules, legal immigrants could access benefits under the TANF program regardless of their date of entry into the United States, or the length of time they reside in Washington state. This rule changes existing rules by requiring certain legal immigrant families to reside in Washington state for twelve consecutive months before they can be considered for the state-funded TANF program.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects certain legal immigrants who apply for public assistance and does not impact 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 that relate to financial and medical eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 25, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 14, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by November 25, 1997.

Date of Intended Adoption: No sooner than November 26, 1997.

October 17, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-220-0050 Special residency requirement for aliens. An alien who physically enters the United States after August 21, 1996, and is otherwise eligible, may receive state family assistance only after an adult caretaker relative or legal guardian in the assistance unit has resided in Washington state for twelve consecutive months. This requirement:

(1) Applies to an alien only once during his or her lifetime; and

(2) Does not apply to a North American Indian born in Canada who has:

(a) At least fifty percent Indian blood; or

(b) Less than fifty percent Indian blood and entered the United States prior to December 24, 1952; and

(c) Maintained residency since entry.