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Senate Study Bill 216.1

Conference Committee Text

PAG LIN
  1  1    Section 1.  WELFARE REFORM.
  1  2    1.  The department of human services shall submit a waiver
  1  3 request or requests to the United States department of health
  1  4 and human services as necessary to implement the changes in
  1  5 the family investment program under chapter 239 and the job
  1  6 opportunities and basic skills program under chapter 249C, as
  1  7 provided by this section.  In addition, the department may
  1  8 submit additional waiver requests to the United States
  1  9 department of agriculture to make changes in the federal food
  1 10 stamp program and to the United States department of health
  1 11 and human services to make changes to the medical assistance
  1 12 program under chapter 249A, as necessary to revise these
  1 13 programs in accordance with any waiver provision implemented
  1 14 pursuant to this section.
  1 15    2.  For the purposes of this section unless the context
  1 16 otherwise requires:
  1 17    a.  "Applicant" means an individual who has applied to be a
  1 18 recipient of public assistance.
  1 19    b.  "Minor parent" means an applicant or recipient parent
  1 20 who is less than eighteen years of age and has never been
  1 21 married.
  1 22    c.  "Public assistance" means the family investment program
  1 23 under chapter 239 and job opportunities and basic skills or
  1 24 JOBS program under chapter 249C.
  1 25    d.  "Recipient" means the same as provided in chapter 239
  1 26 and includes individuals whose income is considered by the
  1 27 department.
  1 28    3.  The department of human services shall apply for
  1 29 federal waivers to implement the following provisions for
  1 30 applicants for and recipients of public assistance:
  1 31    a.  To promote responsibility and strengthen family values,
  1 32 the department shall require the following of minor parents,
  1 33 and recipient parents who are 19 years of age or less, as
  1 34 indicated:
  1 35    (1)  Unless any of the following conditions apply, a minor
  2  1 parent shall be required to live with their parent or legal
  2  2 guardian:
  2  3    (a)  The parent or guardian of the minor parent is
  2  4 deceased, missing, or living in another state.
  2  5    (b)  The minor parent's health or safety would be
  2  6 jeopardized if the minor parent is required to live with the
  2  7 parent or guardian.
  2  8    (c)  The minor parent is in foster care.
  2  9    (d)  The minor parent is participating in the job corps
  2 10 solo parent program or independent living program.
  2 11    (e)  Other good cause exists which is identified in rules
  2 12 adopted by the department for this purpose for the minor
  2 13 parent to receive public assistance while living apart from
  2 14 the minor parent's parent or guardian.
  2 15    (2)  A minor parent who is a recipient and is not required
  2 16 to live with the minor parent's parent or guardian pursuant to
  2 17 subparagraph (1) shall be required to participate in a family
  2 18 development program identified in rules adopted by the
  2 19 department.
  2 20    (3)  Minor parents who are recipients and recipient parents
  2 21 who are 19 years of age or less shall be required to attend
  2 22 parenting classes.
  2 23    b.  To focus on the educational needs of minor parents, the
  2 24 department shall require, subject to the availability of child
  2 25 day care for a minor parent's children, that a minor parent
  2 26 must either have graduated from high school or have received a
  2 27 high school equivalency diploma, or be engaged full-time in
  2 28 completing high school graduation or equivalency requirements.
  2 29    c.  To encourage the development of a strong work ethic, in
  2 30 calculating public assistance eligibility and the amount of
  2 31 assistance, the department shall disregard earnings of an
  2 32 applicant or a recipient who is 19 years of age or younger who
  2 33 is engaged full-time in completing high school graduation or
  2 34 equivalency requirements.
  2 35    d.  To strengthen measures addressing welfare fraud, the
  3  1 department shall strengthen sanctions to disqualify recipients
  3  2 who commit fraud relating to public assistance.  In
  3  3 establishing sanctions pursuant to this paragraph, the
  3  4 department shall establish the same or similar penalties for
  3  5 the family investment program and for the food stamp program.
  3  6    e.  To make expectations of recipients consistent with
  3  7 practices in the private sector, contingent upon the
  3  8 availability of funding to provide child day care for the
  3  9 children of recipients who would not be exempt, the department
  3 10 shall revise the JOBS program exemption for recipient parents
  3 11 with young children to be limited to parents with children who
  3 12 are less than three months of age.
  3 13    f.  To remove incentives for parent and caretaker relative
  3 14 applicants who received public assistance in another state and
  3 15 move to Iowa to seek public assistance, the department shall
  3 16 limit public assistance payment amounts to the lesser of
  3 17 Iowa's standard of payment or the standard of payment of the
  3 18 person's previous state of residence.  If such an applicant
  3 19 received aid to families with dependent children in another
  3 20 state within one year of applying for public assistance in
  3 21 this state, the requirements of this paragraph shall apply.
  3 22 The department shall determine the applicant's eligibility for
  3 23 public assistance in this state using the eligibility
  3 24 requirements of this state.  If eligible in this state, based
  3 25 upon the family size used to determine eligibility, the
  3 26 department shall compare the standard grant amount the
  3 27 applicant would receive in this state with the standard grant
  3 28 amount in the other state.  The applicant's standard grant
  3 29 amount when receiving public assistance shall be the lesser of
  3 30 the two amounts.  The department shall apply this state's
  3 31 policies in determining the applicant's amount of net income
  3 32 and the resulting amount shall be subtracted from the
  3 33 applicant's applicable standard grant.
  3 34    g.  To encourage responsible decision making by families
  3 35 receiving public assistance, the department shall do all of
  4  1 the following with newly eligible and existing recipient
  4  2 parents:
  4  3    (1)  Discuss orally and in writing the financial
  4  4 implications of newly born children on the recipient's family.
  4  5    (2)  Discuss orally and in writing the available family
  4  6 planning resources.
  4  7    (3)  Include family planning counseling as a required
  4  8 activity under the family investment agreement.
  4  9    (4)  Include the recipient's family planning objectives in
  4 10 the family investment agreement.
  4 11    Sec. 2.  CONTINGENCY PROVISION &endash; TRANSFER.  The waiver
  4 12 request or requests submitted by the department of human
  4 13 services pursuant to section 1 of this Act to the United
  4 14 States department of health and human services shall be to
  4 15 apply the provisions of section 1 statewide.  If federal
  4 16 waiver approval of a provision of section 1 of this Act is
  4 17 granted, the department of human services shall implement the
  4 18 provision in accordance with the federal approval.  If a
  4 19 provision of this Act is in conflict with a provision of
  4 20 chapter 239 or 249C, notwithstanding that provision in chapter
  4 21 239 or 249C, the provision of this Act shall be implemented
  4 22 and the department shall propose an amendment to chapter 239
  4 23 or 249C to resolve the conflict.  The department may transfer
  4 24 moneys appropriated for a waiver provision to another
  4 25 appropriation as deemed necessary by the department if the
  4 26 waiver provision is denied by the federal government.
  4 27    Sec. 3.  RULES.  The department of human services shall
  4 28 adopt administrative rules pursuant to chapter 17A to
  4 29 implement the provisions of section 1 of this Act.  If
  4 30 necessary to conform with federal waiver terms and conditions
  4 31 or to efficiently administer the provisions, the rules may
  4 32 apply additional policies and procedures which are consistent
  4 33 with the provisions of section 1 of this Act.
  4 34    Sec. 4.  APPLICABILITY.  The effective date of each waiver
  4 35 provision in section 1 of this Act granted by the federal
  5  1 government shall be set by rule.  However, none of the waiver
  5  2 provisions of section 1 of this Act shall be implemented
  5  3 before July 1, 1996.  If federal law is amended to permit this
  5  4 state to initiate any of the provisions of section 1 of this
  5  5 Act without a federal waiver, the department of human services
  5  6 shall proceed to implement the provisions within the time
  5  7 period required by this section.  
  5  8                           EXPLANATION
  5  9    This bill relates to the family investment program and
  5 10 related human services programs by requiring the department of
  5 11 human services to apply for certain federal waivers and
  5 12 providing applicability provisions.
  5 13    The bill describes provisions of waivers involving the
  5 14 family investment program (formerly aid to families with
  5 15 dependent children now referred to as FIP) and the federal-
  5 16 state job opportunities and basic skills (JOBS) program (a
  5 17 work and training program for recipients under FIP).  In
  5 18 addition, the department may apply for federal waivers under
  5 19 the federal food stamp program and medical assistance program
  5 20 for any changes to coordinate with waivers approved for FIP
  5 21 and JOBS.
  5 22    The bill requires the department to apply for waivers to
  5 23 implement the following provisions:  require minor parents to
  5 24 live with their parent or guardian except under certain
  5 25 exceptions, require those who do not live with their parent or
  5 26 guardian to participate in a family development program, and
  5 27 require any recipient parent who is 19 years of age or less to
  5 28 attend parenting classes; require, subject to the availability
  5 29 of child day care, that a minor parent must either have
  5 30 graduated from high school or have completed an equivalent, or
  5 31 be engaged full-time in completing high school graduation or
  5 32 equivalency requirements; for a family with a recipient who is
  5 33 less than 20 years of age and engaged full-time in completing
  5 34 high school graduation or equivalency requirements, the
  5 35 department is required to disregard that recipient's earnings
  6  1 in calculating eligibility and amount of assistance for the
  6  2 family; adopt measures to strengthen sanctions to disqualify
  6  3 recipients who commit fraud relating to public assistance;
  6  4 contingent upon the availability of funding to provide child
  6  5 day care for the children of recipients who would not be
  6  6 exempt, revise the JOBS program participation exemption for
  6  7 recipients with young children to only apply the exemption to
  6  8 parents with children who are less than three months of age;
  6  9 require reduction of the FIP grant amount for those recipients
  6 10 who received aid to families with dependent children in
  6 11 another state which is less than paid in this state; and
  6 12 require various family planning provisions to encourage
  6 13 responsible decision making.
  6 14    A contingency provision requires the department to request
  6 15 approval of the waiver provisions statewide and authorize
  6 16 implementation of a federally approved waiver in accordance
  6 17 with the approval.  In addition, if any of the waiver
  6 18 provisions are in conflict with a state law in the FIP or JOBS
  6 19 chapters, the provision is still to be implemented and the
  6 20 department is directed to propose an amendment to resolve the
  6 21 conflict.  If moneys are appropriated for a waiver provision
  6 22 that is later denied, the department may transfer the
  6 23 appropriation to another appropriation, as deemed necessary by
  6 24 the department.
  6 25    The department is directed to adopt rules through the
  6 26 regular rulemaking procedures to implement approved waiver
  6 27 provisions.  All of the waiver provisions are not to be
  6 28 implemented before July 1, 1996.  If federal law changes so
  6 29 that a waiver is not necessary to implement any of the
  6 30 provisions in the bill, the same start date restriction
  6 31 applies.  
  6 32 LSB 2373SC 76
  6 33 jp/sc/14.1
     

                                        
Text: SSB00200 - SSB00299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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