§ 40-7-1 - Compact enacted.
SECTION 40-7-1
§ 40-7-1 Compact enacted. – The New England welfare compact is hereby enacted into law and entered intowith all other jurisdictions legally joining therein in the form substantiallyas follows:
NEW ENGLAND WELFARE COMPACT
ARTICLE I. – POLICY, PURPOSE AND SCOPE
The policy of the states party to this compact is to makewelfare services available among the compacting states on the basis of themutual removal of barriers caused by restrictive residence requirements of theseveral states. However, it is recognized that law and policy relatinggenerally to the provision of welfare services by a particular state should notbe determined by interstate compact and will remain a matter for determinationby that party state and its subdivisions.
ARTICLE II. – WELFARE SERVICE DEFINED
As used in this compact, the term "welfare service" means andincludes public assistance and child welfare services furnished by a partystate or a subdivision thereof, provided that such assistance or service ispursuant to a federally-aided plan, arrangement, or program, and any othercategory of welfare assistance which is federally aided at the time when aclaim of eligibility for assistance or service is made pursuant to this compact.
ARTICLE III. – PROVISION OF SERVICE
(a) No person who has removed himself or herself from his orher place of abode in one party state to another party state shall beineligible for a welfare service in such other party state because of failureto meet that state's residence requirements for eligibility. However, if aperson is already receiving a welfare service at the time he or she removeshimself or herself from his or her place of abode to another party state and ifhe or she continues to be in need of such service, the party state from whichhe or she removes himself or herself shall be obligated to bear the cost ofsuch service for ninety (90) days from the date of his or her removal. In anysuch case, the party state to which the person removes himself or herself shallnot be obligated to provide the service at its own expense during such ninety(90)-day period. The cost of providing a welfare service to any person madeeligible therefor by reason of this compact shall be charged within a state inaccordance with the laws of such state.
(b) The appropriate official, department or agency of thestate where application for a welfare service is made pursuant to this compactshall be entitled to request and receive any pertinent information availablefrom any other party state with respect to such applicant.
ARTICLE IV. – EXCEPTIONS AND LIMITATIONS
Nothing in this compact shall be construed to:
(a) Invalidate any agreement between a party state and anonparty state relating to the provision neither of welfare services nor toinvalidate any statutory authority for such agreements.
(b) Obligate a party state to provide a welfare servicepursuant to this compact, which it does not provide to its own residents.
ARTICLE V. – COMPACT ADMINISTRATOR
In each party state there shall be a compact administratorwho shall be the head of the state welfare agency. The compact administratorshall act as general coordinator of activities under the compact in his or herstate and cooperate with the compact administrators of other party states. Thecompact administrators of the respective party states shall have power topromulgate reasonable rules and regulations to carry out the terms andprovisions of this compact.
ARTICLE VI. – ENACTMENT AND WITHDRAWAL
(a) This compact shall be open to membership by the states ofConnecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Itshall enter into full force and effect as to any two (2) or more of theaforementioned states upon enactment thereof by such states.
(b) A state party to this compact may withdraw therefrom byenacting a statute repealing the same. Such withdrawal shall take effect six(6) months after notice thereof has been communicated officially and, inwriting, to the governors and compact administrators of all other party states.However, the withdrawal of any state shall not affect the rights of any personwho is receiving a welfare service pursuant to the provisions of this compact.
ARTICLE VII. – CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.