Text: HF00019                           Text: HF00021
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House File 20

Partial Bill History

Bill Text

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, shall not apply 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 12 However Unless 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, unless Unless 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 distribution of 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 distribute a 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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