PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-424-0025 Citizenship and alien status -- Eligibility requirements for the food assistance program for legal immigrants.
Purpose: To conform to recent interpretation of the law, allowing state-funded food assistance eligibility to aliens who are PRUCOL (permanently residing under color of law).
Statutory Authority for Adoption: RCW 74.08A.120.
Statute Being Implemented: RCW 74.08A.120.
Summary: Expands eligibility for state-funded food assistance to aliens who are PRUCOL (permanently residing under color of law).
Reasons Supporting Proposal: RCW 74.08A.120.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joan Wirth, Mailstop 45470, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3073.
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: This change in WAC 388-424-0025 will expand state-funded food assistance to a population whose food assistance needs are not addressed in our federally-funded food stamp program. This population (aliens permanently residing under color of law (PRUCOL aliens)) only has local food banks and other nonprofit organizations to help alleviate nutrition deficiencies.
Proposal Changes the Following Existing Rules: WAC 388-424-0025 will expand state-funded food assistance to a needy population, aliens permanently residing under color of law (PRUCOL aliens).
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses. This rule affects food assistance recipients only.
RCW 34.05.328 applies to this rule adoption. This does not meet the definition of a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on May 23, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by May 12, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by May 23, 2000.
Date of Intended Adoption: No sooner than June 7, 2000.
April 14, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2712.4
To receive benefits under the food assistance
program (FAP) for legal immigrants (((FAP), a person)), you must
be one of the following:
(1) A qualified alien, as defined in WAC 388-424-0005, who cannot receive federal food stamps because of the eligibility restrictions described in WAC 388-424-0020; or
(2) An alien who ((is)) does not meet the definition of a
qualified alien as defined in WAC 388-424-0005 but who is:
(a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA);
(b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act;
(c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA;
(d) Granted family unity status by the INS and the alien's spouse or parent is eligible to participate in FAP or the federal food stamp program; or
(e) Permanently residing under color of law (PRUCOL) in the United States as defined in WAC 388-424-0005(4).
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]