SF0153 - TANF block grant funds.
2001 |
State of Wyoming |
01LSO-0166 |
SENATE FILE NO. SF0153
TANF block grant funds.
Sponsored by: Senate Labor, Health and Social Services
Committee
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
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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.
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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)
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