HOUSE OF REPRESENTATIVES

H.B. NO.

2303

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GENERAL ASSISTANCE.

 

 

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

 


            SECTION 1.  The State's general assistance program provides cash benefits for food, clothing, shelter, and other essentials to adults aged eighteen through sixty-four, without minor dependents, who are temporarily disabled and who do not qualify for Social Security.

     General assistance is not an entitlement program.  The general assistance program is funded by a block-grant appropriated by the legislature each year.  To stay within the block-grant appropriation, adjustments to the monthly benefit amount may be made throughout the year based on the number of individuals who are participating in the program.

     The legislature finds that the State's pleasant warm weather and year-round climate, coupled with its generous health care and general assistance benefits, draw an increasing number of homeless and other indigent individuals from out-of-state to Hawaii.  The downturn in Hawaii's economy, coupled with finite state resources and increased demands on state public services
by Hawaii residents and out-of-state individuals, have strained the amount of public services to a growing homeless and indigent population.

     The legislature also finds that Garza County, Texas has established reasonable general eligibility requirements for public assistance applicants.  To apply for public assistance, Garza County residents must provide proof that they have resided in the State of Texas continuously for the preceding six months and provide proof that they have resided in the County of Garza for the last thirty days of that time period.

     The purpose of this Act is to require that applicants for general assistance reside in the State for at least six consecutive months immediately preceding their application for general assistance.

     SECTION 2.  Section 346-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of human services is authorized to administer and provide public assistance to eligible persons who are disabled, who are not otherwise provided for under this chapter, and who are unable to provide sufficient support for themselves or those dependent upon them; provided that such persons:

     (1)  Have first been determined ineligible for a comparable federally funded financial assistance program;

     (2)  Are bona fide residents of this State; [and]

     (3)  Have furnished to the department a social security account number for each member of the assistance unit or verification that an application was made with the Social Security Administration for a social security account number for each member of the assistance unit[.]; and

     (4)  Have resided in the State for a period of at least six consecutive months immediately preceding their application for assistance under this part.

     Persons who meet the categorical criteria for eligibility, but fail to satisfy income and resource criteria adopted by the department shall not be eligible for general assistance to household without minor dependents.  The failure of any adult member of the assistance unit to comply with the requirements or conditions of general assistance to households without minor dependents shall exclude the entire assistance unit from receiving financial assistance.  However, when the adult member is disqualified for not meeting the work requirement, the assistance unit shall not be disqualified if the assistance unit was formed after the failure to meet the work requirement occurred.  "Assistance unit" as the term is used in this section means persons whose needs, income, and assets are considered in the financial assistance payment and their dependents.

     For purposes of determining whether persons seeking assistance are bona fide residents of this State, the department of human services shall consider, but is not limited to considering, the following factors:

     (1)  Enrollment and receipt of welfare benefits from another jurisdiction;

     (2)  Physical presence in the State;

     (3)  Maintenance of a place of residence in the State;

     (4)  The availability of furnishings and household and personal effects sufficient to lead a reasonable person to conclude that the place of residence is more than a public accommodation;

     (5)  Qualification as to residence for purposes of voting in the State;

     (6)  Change in vehicle operation license;

     (7)  Vehicle registration;

     (8)  Enrollment of children in local schools; and

     (9)  Bank accounts in this State or any other jurisdiction."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

General Assistance; Six-Month Residency Requirement

 

Description:

Requires that applicants for general assistance reside in the State for a period of at least six consecutive months immediately preceding their application for general assistance.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.