SF0153 - TANF block grant funds.

 

2001

State of Wyoming

01LSO-0166

 

 

 

SENATE FILE NO.  SF0153

 

 

TANF block grant funds.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to funds for the temporary assistance to
 2  needy families program; providing definitions; changing and
 3  expanding the eligibility for child care subsidies;
 4  authorizing a state supplemental energy assistance program
 5  as specified; imposing conditions on expenditures of funds
 6  as specified; limiting the application of this act as
 7  specified; providing a statement of intent; authorizing a
 8  state funds only program for education of persons on the
 9  personal opportunities with employment responsibilities
10  (POWER) program as specified; providing appropriations; and
11  providing for an effective date.

12 

13  Be It Enacted by the Legislature of the State of Wyoming:

14 

15         Section 1.  2000 Wyoming Session Laws, Chapter 74,
16  Section 3 is amended to read:

 

Page  1

 

 

 

 1 

 2         Section 3. 

 3 

 4         (a)  Unless forbidden by the federal
 5  government, there is appropriated to the
 6  department of health, public health nursing
 7  infant home visitation subprogram:,

 8 

 9              (i)  For the biennium period beginning
10  July 1, 2000, three million five hundred twenty-
11  one thousand five hundred dollars ($3,521,500.00)
12  and ending September 30, 2001, one million seven
13  hundred sixty thousand seven hundred fifty
14  dollars ($1,760,750.00) of the federal temporary
15  assistance to needy families (TANF) funds to
16  which the state is entitled;.

17 

18              (ii)  For the period beginning October 
19  1, 2001, and ending June 30, 2002, one million
20  seven hundred sixty thousand seven hundred fifty
21  dollars ($1,760,750.00) is appropriated from the
22  general fund. The appropriation under this
23  paragraph shall be classified as state
24  maintenance of effort for purposes of the federal

Page  2

 

 

 

 1  requirements under the temporary assistance to
 2  needy families block grant.

 3 

 4              (iii)  For the biennium beginning July
 5  1, 2002, the department of health shall base its
 6  standard biennial budget request on its
 7  projections for the fiscal year beginning July 1,
 8  2002 not to exceed two million seven hundred
 9  eighty-four thousand dollars ($2,784,000.00).

10 

11         Section 2.

12 

13         (a)  As used in this act:

14 

15              (i)  "TANF funds" means the funds the state is
16  entitled to receive from the federal government under the
17  temporary assistance to needy families block grant;

18 

19              (ii)  "Restricted TANF funds" means the TANF
20  funds that, due to the time of receipt of or entitlement to
21  the funds, the federal government restricts the use of the
22  funds for cash grants to needy families or persons and
23  similar closely related uses;

24 

 

Page  3

 

 

 

 1              (iii)  "Unrestricted TANF funds" means the TANF
 2  funds that the federal government restricts only to the
 3  general purposes of the temporary assistance to needy
 4  families block grant;

 5 

 6              (iv)  "State maintenance of effort funds" means
 7  funds that the state is required to expend in order to
 8  receive federal TANF funds.

 9 

10         (b)  Except as provided in subsection (c) of this
11  section, where state maintenance of effort funds and other
12  state or federal funds are both appropriated for the same
13  purpose, the state maintenance of effort funds shall be
14  spent first to ensure that the maintenance of effort
15  requirement under the temporary assistance to needy
16  families block grant is met unless, due to timing or other
17  factors, a different spending pattern is necessary to meet
18  that state maintenance of effort requirement.

19 

20         (c)  Except as provided in subsection (d) of this
21  section, effective April 1, 2001, only restricted TANF
22  funds shall be used to pay cash grants under the personal
23  opportunities with employment responsibilities (POWER)
24  program authorized under title 42, chapter 2, of the

Page  4

 

 

 

 1  Wyoming Statutes, unless the administrator of the budget
 2  division, department of administration and information,
 3  determines that:

 4 

 5              (i)  The expenditure of state funds is necessary
 6  to meet the state maintenance of effort requirements under
 7  the temporary assistance to needy families block grant; or

 8 

 9              (ii)  The amount of restricted TANF funds
10  available for the purpose specified in this subsection is
11  insufficient to meet the need.

12 

13         (d)  The state general funds appropriated by 2000
14  Wyoming Session Laws, Chapter 76, for cash grants in the
15  personal opportunities with employment responsibilities
16  (POWER) program authorized under title 42, chapter 2, of
17  the Wyoming Statutes, may be used to provide assistance to 
18  full-time students in approved educational programs who
19  meet the credit hour and grade requirements as set forth in
20  W.S. 42-3-109(a). Acceptance of these state funds by
21  qualified students shall not be subject to the lifetime
22  limits on benefits imposed by W.S. 42-2-103(e), provided
23  that the student attends class regularly and does not
24  receive a failing grade in any coursework due to failure to

Page  5

 

 

 

 1  complete required work for a course. Failure to comply with
 2  the requirements of this subsection shall result in any
 3  benefits the student received under this subsection being
 4  applied against the lifetime limit on benefits imposed by
 5  W.S. 42-2-103(e). To the extent permitted by law, any funds
 6  expended under this subsection shall be classified as state
 7  maintenance of effort funds to meet the federal
 8  requirements under the temporary assistance to needy
 9  families block grant.

10 

11         (e)  Unless federal requirements impose a lower limit
12  on transfers, for each federal fiscal year the state is
13  eligible for funding under the federal temporary assistance
14  to needy families block grant, not less than twenty percent
15  (20%) of the TANF funds received by the state for that
16  fiscal year shall be appropriated to the child care
17  development fund within the department of family services
18  and not less than ten percent (10%) shall be appropriated
19  to the social services block grant within the department of
20  family services.

21 

22         Section 3.

23 

 

Page  6

 

 

 

 1         (a)   There is appropriated for the period beginning
 2  April 1, 2001 through September 30, 2002 not to exceed six
 3  million dollars ($6,000,000.00) of restricted TANF funds to
 4  the low income energy assistance program within the
 5  department of family services, if federal funds received by
 6  the state for the program are insufficient to meet the
 7  needs of qualified residents of the state, and to establish
 8  a new state supplemental energy assistance program to
 9  assist families that may not otherwise qualify for the
10  existing low income energy assistance program. To qualify
11  for the new state supplemental energy assistance program,
12  families shall be ineligible for the existing low income
13  energy assistance program and an adult member of the family
14  shall be employed and working an average of thirty (30)
15  hours per week, or members of the family shall be working a
16  sufficient number of hours per week cumulative among family
17  members, to qualify those hours toward meeting the state's
18  work participation requirements under the federal temporary
19  assistance to needy families block grant. Under the state
20  supplemental energy assistance program, the state shall pay
21  in the form of a cash voucher to the family fifty percent
22  (50%) of an eligible family's monthly gas and electric or
23  other energy source heating bill if the gross family income
24  is not more than one hundred fifty percent (150%) of the

Page  7

 

 

 

 1  federal poverty level and twenty-five percent (25%) of an
 2  eligible family's monthly gas and electric or other energy
 3  source heating bill if the gross family income is not more
 4  than two hundred percent (200%) of the federal poverty
 5  level. Notwithstanding any other provision in this
 6  subsection to the contrary, the total assistance a family
 7  may receive in any month under the state supplemental
 8  energy assistance program shall not exceed one hundred
 9  fifty percent (150%) of the maximum amounts per family size
10  specified in W.S 42-2-103(e)(iii).

11 

12         (b)  There is appropriated nine million dollars
13  ($9,000,000.00) as a reserve for direct assistance.

14 

15         (c)  There is appropriated eight million one hundred
16  seventy-six thousand dollars ($8,176,000.00) of restricted
17  TANF funds for the period beginning October 1, 2001 through
18  September 30, 2002 to the department of family services for
19  cash grants under the personal opportunities with
20  employment responsibilities (POWER) program. The funds
21  appropriated under this subsection shall be used by the
22  department of family services to provide such cash grants
23  only and shall not be used for any other purpose except as
24  specifically authorized by the legislature.

 

Page  8

 

 

 

 1 

 2         (d)  There is appropriated thirty-two million dollars
 3  ($32,000,000.00) from restricted TANF funds to the
 4  governor's office for the period beginning from the
 5  effective date of this act through June 30, 2002 to be
 6  distributed among agencies implementing the pathways to
 7  people program.

 8 

 9         (e)  There is appropriated to the department of family
10  services up to nineteen million dollars ($19,000,000.00)
11  from TANF block grant funds that will be received by the
12  state in federal fiscal year 2001, for the period beginning
13  from the effective date of this act through June 30, 2002.
14  The department shall distribute the funds appropriated
15  under this subsection in the amounts specified to other
16  state agencies as necessary to implement the following
17  services:

18 

19              (i)  Up to four million four hundred thousand
20  dollars ($4,400,000.00) to maintain current basic services
21  required under the TANF block grant;

22 

 

Page  9

 

 

 

 1              (ii)  Up to three million eight hundred thousand
 2  dollars ($3,800,000.00) to the child care development fund
 3  within the department of family services;

 4 

 5              (iii)  Up to one million nine hundred thousand
 6  dollars ($1,900,000.00) to the social services block grant
 7  within the department of family services;

 8 

 9              (iv)  Up to one million five hundred thousand
10  dollars ($1,500,000.00) for preschool programs within the
11  department of education;

12 

13              (v)  Up to three million dollars ($3,000,000.00)
14  for child care subsidies. The child care subsidy
15  eligibility shall be extended to families with a gross
16  family income up to one hundred eighty-five percent (185%)
17  of the federal poverty level;

18 

19              (vi)  There is appropriated one million dollars
20  ($1,000,000.00) for the period beginning April 1, 2001
21  through September 30, 2002 to the department of health for
22  the purchase and distribution of medications needed by
23  persons with serious mental illness who are not
24  institutionalized, and for whom the medications are

Page 10

 

 

 

 1  necessary to maintain employment or preserve a family
 2  intact;

 3 

 4              (vii)  Of the nineteen million dollars
 5  ($19,000,000.00) appropriated to the department of family
 6  services under this subsection, any funds that remain
 7  undistributed or unexpended in paragraphs (i) through (vi)
 8  of this subsection shall be used for education or
 9  employment programs at the discretion of the department of
10  family services.

11 

12         Section 4. 

13 

14         (a)  The TANF funds the state was entitled to receive
15  that would have become restricted on October 1, 2000 shall
16  not be subject to this act unless those funds became
17  restricted TANF funds.

18 

19         (b)  The intent of this act is to use federal TANF
20  funds to provide necessary support of the poor, to maintain
21  two (2) parent families, to prevent out-of-wedlock
22  pregnancies and to help individuals become self-sufficient.
23  If federal TANF funds appropriated by this act cannot be
24  used for the purposes appropriated, the governor may

Page 11

 

 

 

 1  transfer the funds to other purposes consistent with the
 2  intent of this act, provided that he inform the joint
 3  appropriations interim committee and the joint labor,
 4  health and social services interim committee in writing of
 5  the transfer and the specific reasons for the transfer,
 6  including a copy of any communication from the federal
 7  government disapproving a particular proposed expenditure
 8  and a copy of any change in federal law or regulation
 9  making a particular proposed expenditure ineligible.

10 

11         (c)  The appropriations of federal TANF funds under
12  this act are valid until September 30, 2002.
13  Notwithstanding W.S. 9-4-207, any funds appropriated under
14  this act for a period beyond the end of the current
15  biennium shall not lapse and may be expended or obligated
16  as provided by this act. Further expenditures of federal
17  TANF funds shall be made pursuant to subsequent
18  appropriations. The governor shall provide  recommendations
19  for such future appropriations of federal TANF funds
20  through the normal budget process for inclusion in future
21  biennial budget bills, provided such expenditures continue
22  to be authorized by the federal government. If, due to
23  changes in federal law or regulation, it becomes necessary
24  to substitute general funds for federal TANF funds that are

Page 12

 

 

 

 1  no longer available to the state, the substitution shall
 2  appear, if recommended by the governor, as an expanded
 3  budget request, not as part of a standard budget request.

 4 

 5         Section 5.  This act is effective immediately upon
 6  completion of all acts necessary for a bill to become law
 7  as provided by Article 4, Section 8 of the Wyoming
 8  Constitution.

 9 

10                         (END)

 

Page 13