Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 234.12, unnumbered paragraph 2, Code 1 2 1999, is amended to read as follows: 1 3 The provisions of the federal Personal Responsibility and 1 4 Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104- 1 5 193, } 115, shallnotapply to an applicant for or recipient 1 6 of food stamp benefits in this state as provided in this 1 7 paragraph. An applicant for or recipient of food stamp 1 8 benefits convicted under federal or state law of a felony 1 9 offense which has as an element the manufacture or 1 10 distribution of a controlled substance, as defined in 21 1 11 U.S.C. } 802(6), shall be ineligible for food stamp benefits. 1 12HoweverUnless exempt for good cause under rules adopted by 1 13 the department for this purpose, if an applicant or 1 14 participant is convicted under federal or state law of a 1 15 felony offense which has as an element the possession or use 1 16 of such controlled substance, the department of human services 1 17 may apply contingent eligibility requirements as provided 1 18 under state law and allowed under federal law. 1 19 Sec. 2. Section 239B.5, subsection 3, Code 1999, is 1 20 amended to read as follows: 1 21 3. a. The provisions of the federal Personal 1 22 Responsibility and Work Opportunity Reconciliation Act of 1 23 1996, Pub. L. No. 104-193, } 115, shall not apply to an 1 24 applicant or participant except as provided in this 1 25 subsection. 1 26 b.However, unlessUnless exempt for good cause under 1 27 rules adopted by the department for this purpose, an applicant 1 28 or participant convicted under federal or state law of a 1 29 felony offense, which has as an element the possession,or 1 30 use, or distributionof a controlled substance, as defined in 1 31 21 U.S.C. } 802(6), shall be required to participate in drug 1 32 rehabilitation activities or to fulfill other requirements to 1 33 verify that the applicant or participant does not illegally 1 34 possess,or use, or distributea controlled substance. 1 35 c. An applicant or participant convicted under federal or 2 1 state law of a felony offense which has as an element the 2 2 manufacture or distribution of a controlled substance, as 2 3 defined in 21 U.S.C. } 802(6), shall be ineligible for cash 2 4 assistance under the family investment program. Any cash 2 5 assistance payable to the applicant or participant's family 2 6 shall be paid to a protective payee as provided in section 2 7 239B.13 except that the two-year time period otherwise 2 8 applicable to the use of a protective payee shall not apply. 2 9 Sec. 3. APPLICABILITY. The amendments in this Act to 2 10 sections 234.12 and 239B.5 are applicable to individuals 2 11 convicted on or after August 23, 1996, under federal or state 2 12 law, of a felony offense which has as an element the 2 13 possession, use, manufacture, or distribution of a controlled 2 14 substance. 2 15 EXPLANATION 2 16 This bill relates to the family investment program (FIP) 2 17 and food stamp benefits by providing for the ineligibility of 2 18 individuals convicted of certain felony offenses involving a 2 19 controlled substance. 2 20 Iowa's family investment program receives substantial 2 21 federal funding under the federal Temporary Assistance to 2 22 Needy Families (TANF) Program. Under the federal law which 2 23 created TANF (the federal Personal Responsibility and Work 2 24 Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193), 2 25 a state could apply all or part of restrictions described in 2 26 the law on the provision of benefits to persons convicted of a 2 27 felony offense which has an element involving possession, use, 2 28 or distribution of a controlled substance. The federal law 2 29 also provides that unless a state enacted a specific provision 2 30 opting out, the restrictions would apply. Iowa enacted a 2 31 provision in 1997 (1997 Iowa Acts, ch. 41, secs. 1 and 6) 2 32 which did opt out of the federal restrictions but allowed the 2 33 department of human services to apply certain requirements 2 34 under the food stamp program and FIP if the controlled 2 35 substance criteria is applicable. 3 1 The bill amends Code section 234.12, relating to the 3 2 requirement for the department to administer the food stamp 3 3 program, to provide that an individual convicted of a felony 3 4 offense which has an element involving the manufacture or 3 5 distribution of a controlled substance is ineligible. An 3 6 individual convicted of a felony offense involving the use or 3 7 possession of a controlled substance remains subject to the 3 8 current law which allows the department to apply contingent 3 9 eligibility requirements. 3 10 Code section 239B.5, relating to the department's 3 11 compliance with federal law for FIP, is amended to apply 3 12 similar requirements to cash assistance under FIP. An 3 13 individual convicted of a felony offense which has an element 3 14 involving the manufacture or distribution of a controlled 3 15 substance is ineligible for cash assistance under FIP and cash 3 16 assistance for that individual's family must be paid to a 3 17 protective payee. The two-year time limit for the use of a 3 18 protective payee is made inapplicable. Current law remains 3 19 applicable to an individual convicted of felony use or 3 20 possession of a controlled substance. Unless exempt for good 3 21 cause, these individuals are required to participate in drug 3 22 rehabilitation activities or to fulfill other requirements to 3 23 verify that the applicant or participant does not illegally 3 24 possess or use a controlled substance. 3 25 The bill includes an applicability provision as outlined in 3 26 the federal law which prohibits a state from applying the 3 27 eligibility restrictions to convictions which occurred on or 3 28 before the enactment date of the federal law (August 22, 3 29 1996). 3 30 LSB 1360YH 78 3 31 jp/gg/8
Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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