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Senate File 2368

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2368     
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO THE FAMILY INVESTMENT PROGRAM AND ASSOCIATED 
  1  5    PROVISIONS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 217.30, subsection 4, paragraph c, Code
  1 10 1999, is amended by striking the paragraph.
  1 11    Sec. 2.  Section 239B.2, subsection 3, Code Supplement
  1 12 1999, is amended to read as follows:
  1 13    3.  UNEMPLOYMENT.  A determination of eligibility for a
  1 14 family with an unemployed parent shall not include
  1 15 consideration of either parent's number of hours of employment
  1 16 except to establish the date assistance would begin in
  1 17 accordance with rules.  However, both Both parents must enter
  1 18 into and participate in a family investment agreement and
  1 19 participate in JOBS program activities unless good cause not
  1 20 to participate is established in accordance with rules.  For
  1 21 the purposes of this chapter, an applicant family with a
  1 22 parent who is partially or totally unemployed under any of the
  1 23 following circumstances shall not be considered to be
  1 24 unemployed:
  1 25    a.  The period of unemployment is less than thirty days
  1 26 prior to commencing participation under this chapter.
  1 27    b.  The parent is partially or totally unemployed due to a
  1 28 work stoppage which exists because of a labor dispute at the
  1 29 factory, establishment, or other premises at which the parent
  1 30 is or was last employed.
  1 31    c.  At any time during the thirty-day period prior to
  1 32 commencing participation under this chapter, the parent has
  1 33 not been available for employment, has not actively sought
  1 34 employment, or has without good cause refused any bona fide
  1 35 offer of employment or training for employment.  Any of the
  2  1 following reasons for refusing employment or training are not
  2  2 good cause:
  2  3    (1) a.  Unsuitable or unpleasant work or training, if the
  2  4 parent is able to perform the work or training without unusual
  2  5 danger to the parent's health.
  2  6    (2) b.  The amount of wages or compensation, unless the
  2  7 wages for employment are below the amount customary for the
  2  8 same work in the community.
  2  9    d.  The parent has not registered for work with the state
  2 10 employment service established pursuant to section 96.12, or
  2 11 after registration has failed to report at an employment
  2 12 office in accordance with regulations prescribed pursuant to
  2 13 section 96.4, subsection 1.
  2 14    e.  The parent is eligible but refuses to apply for or to
  2 15 draw upon unemployment benefits.
  2 16    f.  The parent or family fails to meet other requirements
  2 17 adopted by the department applicable to the applicant parent
  2 18 or family.  The other requirements shall be limited to those
  2 19 necessary to meet federal requirements and may be in addition
  2 20 to or in lieu of the requirements of this subsection, for
  2 21 eligibility under this chapter to children whose parents are
  2 22 partially or totally unemployed.
  2 23    Sec. 3.  Section 239B.8, subsection 1, Code Supplement
  2 24 1999, is amended by adding the following new paragraph:
  2 25    NEW PARAGRAPH.  d.  The individual is not a United States
  2 26 citizen and is not a qualified alien as defined in 8 U.S.C. }
  2 27 1641.
  2 28    Sec. 4.  Section 239B.9, subsection 1, paragraph b,
  2 29 subparagraph (3), Code Supplement 1999, is amended to read as
  2 30 follows:
  2 31    (3)  For a two-parent family in which both parents are
  2 32 responsible for a family investment agreement, a first or
  2 33 subsequent limited benefit plan shall remain applicable until
  2 34 both parents complete significant contact with or action in
  2 35 regard to the JOBS program.  A limited benefit plan applied
  3  1 more than once to the same two-parent family shall be treated
  3  2 as a subsequent limited benefit plan.
  3  3    Sec. 5.  Section 239B.11, subsection 2, Code Supplement
  3  4 1999, is amended to read as follows:
  3  5    2.  A diversion program subaccount is created within the
  3  6 family investment program account.  The subaccount may be used
  3  7 to provide incentives to divert applicants' participation in
  3  8 the family investment program if the applicants meet income
  3  9 eligibility requirements for assistance.  Incentives may be
  3 10 provided in the form of payment or services with a focus on
  3 11 helping applicants to obtain or retain employment.  The
  3 12 diversion program subaccount may also be used for payments to
  3 13 participants as necessary to cover the expenses of removing
  3 14 barriers to employment.  In addition, the diversion program
  3 15 subaccount may be used for funding of services and payments
  3 16 for persons whose family investment program eligibility has
  3 17 ended, in order to help the persons to stabilize or improve
  3 18 their employment status.
  3 19    Sec. 6.  Section 239B.14, Code 1999, is amended to read as
  3 20 follows:
  3 21    239B.14  FRAUDULENT PRACTICES – RECOVERY OF OVERPAYMENTS.
  3 22    1.  An individual who obtains, or attempts to obtain, or
  3 23 aids or abets an individual to obtain, by means of a willfully
  3 24 false statement or representation, by knowingly failing to
  3 25 disclose a material fact, or by impersonation, or any
  3 26 fraudulent device, any assistance or other benefits under this
  3 27 chapter to which the individual is not entitled, commits a
  3 28 fraudulent practice.
  3 29    2.  An individual who commits a fraudulent practice under
  3 30 this section is personally liable for the amount of assistance
  3 31 or other benefits fraudulently obtained.  The amount of the
  3 32 assistance or other benefits may be recovered from the
  3 33 offender or the offender's estate in an action brought or by
  3 34 claim filed in the name of the state and the recovered funds
  3 35 shall be deposited in the family investment program account.
  4  1 The action or claim filed in the name of the state shall not
  4  2 be considered an election of remedies to the exclusion of
  4  3 other remedies.
  4  4    3.  The department shall adopt rules pursuant to chapter
  4  5 17A as necessary to recover overpayments of assistance and
  4  6 benefits provided under this chapter.  The recovery methods
  4  7 shall include but are not limited to reducing the amount of
  4  8 assistance or benefits provided.
  4  9    Sec. 7.  Section 239B.17, subsection 2, Code 1999, is
  4 10 amended by adding the following new paragraph:
  4 11    NEW PARAGRAPH.  e.  Providing services and payments for
  4 12 persons whose family investment program eligibility has ended,
  4 13 in order to help the persons to stabilize or improve their
  4 14 employment status.
  4 15    Sec. 8.  Section 239B.18, Code 1999, is amended to read as
  4 16 follows:
  4 17    239B.18  JOBS PROGRAM PARTICIPATION.
  4 18    Except for participants who are exempt from the requirement
  4 19 to enter into a family investment agreement under section
  4 20 239B.8, a participant in the family investment program shall
  4 21 participate in JOBS program activities as provided in the
  4 22 participant's family investment agreement.  A Except for an
  4 23 individual who is not a United States citizen and is not a
  4 24 qualified alien and exempt from the requirement to enter into
  4 25 a family investment agreement under section 239B.8, subsection
  4 26 1, paragraph "d", a participant who is exempt may voluntarily
  4 27 participate in the JOBS program.  
  4 28 
  4 29 
  4 30                                                             
  4 31                               MARY E. KRAMER
  4 32                               President of the Senate
  4 33 
  4 34 
  4 35                                                             
  5  1                               BRENT SIEGRIST
  5  2                               Speaker of the House
  5  3 
  5  4    I hereby certify that this bill originated in the Senate and
  5  5 is known as Senate File 2368, Seventy-eighth General Assembly.
  5  6 
  5  7 
  5  8                                                             
  5  9                               MICHAEL E. MARSHALL
  5 10                               Secretary of the Senate
  5 11 Approved                , 2000
  5 12 
  5 13 
  5 14                               
  5 15 THOMAS J. VILSACK
  5 16 Governor
     
Text: SF02367                           Text: SF02369
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