House File 2598 - Introduced



                                       HOUSE FILE       
                                       BY  FALLON


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for implementation of an emergency assistance
  2    program and making an appropriation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6336HH 81
  5 jp/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  234.15  EMERGENCY ASSISTANCE
  1  2 PROGRAM.
  1  3    1.  The department of human services shall implement an
  1  4 emergency assistance program to assist low=income persons who
  1  5 face eviction, potential eviction, or foreclosure, utility
  1  6 shutoff or fuel shortage, loss of heating energy supply or
  1  7 equipment, homelessness, utility or rental deposits that
  1  8 cannot be paid, or other crisis specified in rule which
  1  9 threatens family or living arrangements.  The program shall
  1 10 provide assistance as a last resort and shall not supplant
  1 11 assistance provided by the low=income home energy assistance
  1 12 program, county general relief, veterans affairs programs, or
  1 13 other programs directed to the same population.
  1 14    2.  The department shall establish by rule a maximum
  1 15 assistance payment per family in a twelve=month period.  The
  1 16 initial maximum payment shall be five hundred dollars.  The
  1 17 emergency assistance shall be available to migrant families
  1 18 who would otherwise meet eligibility criteria.  The department
  1 19 may contract for the administration and delivery of the
  1 20 program.
  1 21    3.  Provision of assistance under the program is not an
  1 22 entitlement and shall be terminated when funds are exhausted.
  1 23 Unless the department adopts rules providing for a different
  1 24 implementation date, the program shall commence operation on
  1 25 October 1 of each year and continue until provision of
  1 26 assistance is terminated.
  1 27    4.  a.  The department shall provide a process for the
  1 28 state to receive refunds of utility and rent deposits,
  1 29 including any accrued interest, for emergency assistance
  1 30 recipients which were paid by persons other than the state.
  1 31 The department shall also receive refunds, including any
  1 32 accrued interest, of deposits paid with funding available
  1 33 under the emergency assistance program.
  1 34    b.  The refunds received by the department under this
  1 35 subsection are appropriated to the department to be used as
  2  1 additional funds for the program.  Notwithstanding section
  2  2 8.33, moneys received by the department under this subsection
  2  3 which remain after assistance for a fiscal year is terminated
  2  4 and state or federal moneys in the emergency assistance
  2  5 account which remain unobligated or unexpended at the close of
  2  6 a fiscal year shall not revert but shall remain available for
  2  7 expenditure when the program resumes operation in the
  2  8 succeeding fiscal year.
  2  9    Sec. 2.  EMERGENCY ASSISTANCE PROGRAM.  There is
  2 10 appropriated from the general fund of the state to the
  2 11 department of human services for the fiscal year beginning
  2 12 July 1, 2006, and ending June 30, 2007, the following amount,
  2 13 or so much thereof as is necessary, to be used for the purpose
  2 14 designated:
  2 15    For the emergency assistance program implemented in
  2 16 accordance with section 234.15, as enacted by this Act:
  2 17 .................................................. $  1,000,000
  2 18    Sec. 3.  EMERGENCY RULES.
  2 19    1.  The department of human services may adopt
  2 20 administrative rules under section 17A.4, subsection 2, and
  2 21 section 17A.5, subsection 2, paragraph "b", to implement the
  2 22 provisions of this Act and the rules shall become effective
  2 23 immediately upon filing or on a later effective date specified
  2 24 in the rules, unless the effective date is delayed by the
  2 25 administrative rules review committee.  Any rules adopted in
  2 26 accordance with this section shall not take effect before the
  2 27 rules are reviewed by the administrative rules review
  2 28 committee.  The delay authority provided to the administrative
  2 29 rules review committee under section 17A.4, subsection 5, and
  2 30 section 17A.8, subsection 9, shall be applicable to a delay
  2 31 imposed under this section, notwithstanding a provision in
  2 32 those sections making them inapplicable to section 17A.5,
  2 33 subsection 2, paragraph "b".  Any rules adopted in accordance
  2 34 with the provisions of this section shall also be published as
  2 35 notice of intended action as provided in section 17A.4.
  3  1    2.  To the extent consistent with the provisions of this
  3  2 Act, the department of human services may implement the
  3  3 emergency assistance program by applying the provisions used
  3  4 at the time this program last received an appropriation and
  3  5 was fully implemented.
  3  6                           EXPLANATION
  3  7    This bill provides for implementation of an emergency
  3  8 assistance program to assist low=income persons who face
  3  9 eviction, potential eviction, or foreclosure, utility shutoff
  3 10 or fuel shortage, loss of heating energy supply or equipment,
  3 11 homelessness, utility or rental deposits that cannot be paid,
  3 12 or other specified crisis which threatens family or living
  3 13 arrangements.  The program was last funded by an appropriation
  3 14 in 2002 Iowa Acts, Second Extraordinary Session, chapter 1003,
  3 15 section 110.  The bill codifies the requirements for the
  3 16 program in new Code section 234.15.
  3 17    An appropriation from the general fund of the state is
  3 18 provided for implementation of the program.  The department is
  3 19 authorized to adopt rules for the program utilizing emergency
  3 20 procedures that allow public comment periods to be eliminated
  3 21 but maintain review by the administrative rules review
  3 22 committee.  The department may implement the emergency
  3 23 assistance program by applying the provisions used at the time
  3 24 this program last received an appropriation and was fully
  3 25 implemented.
  3 26 LSB 6336HH 81
  3 27 jp:nh/gg/14