Text: HF00694 Text: HF00696 Text: HF00600 - HF00699 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 subject to a court order denying benefits under 1 9 section 901.5, subsection 13, relating to the manufacture or 1 10 distribution of a controlled substance, shall be ineligible 1 11 for food stamp benefits.HoweverUnless exempt for good cause 1 12 under rules adopted by the department for this purpose, if an 1 13 applicant or participant is convicted under federal or state 1 14 law of a felony offense which has as an element the possession 1 15 or use of such controlled substance, or under federal law of a 1 16 felony offense which has as an element the manufacture or 1 17 distribution of such controlled substance, the department of 1 18 human services may apply contingent eligibility requirements 1 19 as provided under state law and allowed under federal law. 1 20 Sec. 2. Section 239B.5, subsection 3, Code 1999, is 1 21 amended to read as follows: 1 22 3. a. The provisions of the federal Personal 1 23 Responsibility and Work Opportunity Reconciliation Act of 1 24 1996, Pub. L. No. 104-193, } 115, shall not apply to an 1 25 applicant or participant except as provided in this 1 26 subsection. 1 27 b.However, unlessUnless exempt for good cause under 1 28 rules adopted by the department for this purpose, an applicant 1 29 or participant convicted under federal or state law of a 1 30 felony offense, which has as an element the possession,or 1 31 use, or distributionof a controlled substance, as defined in 1 32 21 U.S.C. } 802(6), or under federal law of a felony offense 1 33 which has as an element the manufacture or distribution of 1 34 such controlled substance, shall be required to participate in 1 35 drug rehabilitation activities or to fulfill other 2 1 requirements to verify that the applicant or participant does 2 2 not illegally possess,or use, or distributea controlled 2 3 substance. 2 4 c. An applicant or recipient subject to a court order 2 5 denying benefits under section 901.5, subsection 13, relating 2 6 to the manufacture or distribution of a controlled substance, 2 7 shall be ineligible for cash assistance under the family 2 8 investment program. Any cash assistance payable to the 2 9 applicant or participant's family shall be paid to a 2 10 protective payee as provided in section 239B.13 except that 2 11 the two-year time period otherwise applicable to the use of a 2 12 protective payee shall not apply. 2 13 Sec. 3. Section 901.5, Code 1999, is amended by adding the 2 14 following new subsection: 2 15 NEW SUBSECTION. 13. In addition to any sentence or other 2 16 penalty imposed against the defendant for an offense under 2 17 chapter 124 which has as an element the manufacture or 2 18 distribution of a controlled substance, the court shall 2 19 consider the denial of federal food stamp benefits, family 2 20 investment program benefits, or both, to the defendant, and 2 21 may enter an order specifying the range and scope of benefits 2 22 to be denied to the defendant. The supreme court may 2 23 prescribe rules establishing sentencing guidelines consistent 2 24 with this subsection and comparable to the guidelines for 2 25 denial of federal benefits in 21 U.S.C. } 862. The clerk of 2 26 the district court shall send a copy of any order issued 2 27 pursuant to this subsection to the department of human 2 28 services, which is required to deny benefits pursuant to such 2 29 an order. 2 30 Sec. 4. APPLICABILITY. The amendments in this Act to 2 31 sections 234.12, 239B.5, and 901.5 are applicable to 2 32 individuals convicted on or after July 1, 1999, under federal 2 33 or state law, of a felony offense which has as an element the 2 34 possession, use, manufacture, or distribution of a controlled 2 35 substance. 3 1 EXPLANATION 3 2 This bill relates to the family investment program (FIP) 3 3 and food stamp benefits by providing for the ineligibility of 3 4 individuals convicted of certain felony offenses involving a 3 5 controlled substance. 3 6 Iowa's family investment program receives substantial 3 7 federal funding under the federal Temporary Assistance to 3 8 Needy Families (TANF) Program. Under the federal law which 3 9 created TANF (the federal Personal Responsibility and Work 3 10 Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193), 3 11 a state could apply all or part of the restrictions described 3 12 in the law on the provision of benefits to persons convicted 3 13 of a felony offense which has an element involving possession, 3 14 use, or distribution of a controlled substance. The federal 3 15 law also provides that unless a state enacted a specific 3 16 provision opting out, the restrictions would apply. Iowa 3 17 enacted a provision in 1997 (1997 Iowa Acts, ch. 41, secs. 1 3 18 and 6) which did opt out of the federal restrictions but 3 19 allowed the department of human services to apply certain 3 20 requirements under the food stamp program and FIP if the 3 21 controlled substance criteria is applicable. 3 22 The bill amends Code section 234.12, relating to the 3 23 requirement for the department to administer the food stamp 3 24 program, to provide that an individual convicted under state 3 25 law and under court order for a felony offense which has an 3 26 element involving the manufacture or distribution of a 3 27 controlled substance is ineligible for benefits as specified 3 28 in the court order. An individual convicted of a felony 3 29 offense involving the use or possession of a controlled 3 30 substance under federal or state law, or convicted under 3 31 federal law of a felony offense involving manufacture or 3 32 distribution of a controlled substance, remains subject to the 3 33 current law which allows the department to apply contingent 3 34 eligibility requirements. 3 35 Code section 239B.5, relating to the department's 4 1 compliance with federal law for FIP, is amended to apply 4 2 similar requirements to cash assistance under FIP. An 4 3 individual convicted under state law and under court order for 4 4 a felony offense which has an element involving the 4 5 manufacture or distribution of a controlled substance is 4 6 ineligible for cash assistance under FIP as specified in the 4 7 court order and cash assistance for that individual's family 4 8 must be paid to a protective payee. The two-year time limit 4 9 for the use of a protective payee is made inapplicable to this 4 10 situation. Current law remains applicable to an individual 4 11 convicted under state or federal law of felony use or 4 12 possession of a controlled substance or under federal law for 4 13 a felony offense involving manufacture or distribution of a 4 14 controlled substance. Unless exempt for good cause, these 4 15 individuals are required to participate in drug rehabilitation 4 16 activities or to fulfill other requirements to verify that the 4 17 applicant or participant does not illegally possess or use a 4 18 controlled substance. 4 19 Code section 901.5, relating to the court pronouncing 4 20 judgment and sentence, is amended by adding a new subsection 4 21 authorizing the court to order denial of food stamps or family 4 22 investment program benefits, or both, to a defendant convicted 4 23 under Iowa's controlled substance chapter for manufacture or 4 24 distribution of a controlled substance. This order is in 4 25 addition to any sentence or other penalty imposed for an 4 26 offense under Iowa's controlled substance chapter which has as 4 27 an element the manufacture or distribution of a controlled 4 28 substance. The supreme court is authorized to prescribe rules 4 29 establishing sentencing guidelines for the denial of benefits. 4 30 The bill includes an applicability provision applying the 4 31 bill's provisions to individuals convicted on or after July 1, 4 32 1999. 4 33 LSB 1360HV 78 4 34 jp/gg/8
Text: HF00694 Text: HF00696 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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