Louisiana 2013 Regular Session

Louisiana House Bill HB525 Latest Draft

Bill / Chaptered Version

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ACT No. 285
Regular Session, 2013
HOUSE BILL NO. 525
BY REPRESENTATIVE HARRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 46:230.1(C), 231(4)(introductory paragraph) and (b) and (14),2
231.2(A)(2), and 231.6(C), to enact R.S. 46:231.12 and 460.6(F), and to repeal R.S.3
46:231(13), 231.3, 231.6(D) and (E), 231.7 through 231.11, and 460.8(C), relative4
to aid to needy families; to provide for definitions; to provide eligibility conditions5
for the cash assistance program; to provide for employment services for cash6
assistance recipients; to provide for contingency of certain services upon7
appropriation; to provide for promulgation of rules; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 46:230.1(C), 231(4)(introductory paragraph) and (b) and (14),11
231.2(A)(2), and 231.6(C) are hereby amended and reenacted and R.S. 46:231.12 and12
460.6(F) are hereby enacted to read as follows:13
§230.1.  Legislative intent14
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C. The Louisiana Workforce Investment Council Commission shall work16
with the department to enhance program effectiveness of ongoing services on a17
continual basis.18
§231.  Aid to needy families; definitions19
As used in this Subpart, unless the context clearly requires otherwise:20
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(4) "Dependent child", in accordance with federal law and regulations1
relative to the TANF program, shall mean a needy child who meets all of the2
following criteria:3
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(b) The child is living with his father, mother, stepfather, stepmother, or5
other relative, within fifth degree, in a place of residence maintained by one or more6
of such relatives as his or their own home. For the purposes of this Subpart, all such7
relatives persons shall qualify as such be deemed as relatives, whether the their8
relationship to the dependent child was acquired by adoption, marriage, or birth, and9
neither divorce nor death shall terminate such relationship.10
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(14)  "Work eligible" "Work-eligible" means refers to families containing an12
adult under sixty years of age, or teen head of household, that is not disabled,13
incapacitated, or caring for a family member who is disabled or incapacitated as14
documented by a medical expert to which the status of disability is clearly15
established and explained. "Work-eligible" also excludes cases in which only the16
child portion of need that is unrelated to a sanction or penalty, known as a child-only17
case, is considered in determining eligibility.18
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§231.2.  Family Independence Temporary Assistance Program; benefits; eligibility20
A.21
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(2)  FITAP assistance shall include:23
(a) Money payments, to meet the needs of the relative who resides with a24
dependent child and the relative's spouse if the spouse resides with such child and25
is the child's parent.26
(b) Money payments with respect to any money payments to meet the needs27
of a dependent child, including payments to meet the needs of the father, mother,28
stepfather, stepmother, or other relative, the relative's spouse with whom such child29 ENROLLEDHB NO. 525
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is living, and the needs of any other individual living in the same home if such needs1
are taken into account in making the determination of eligibility.2
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§231.6. Termination of eligibility; twenty-four-month limit; refusal of employment4
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C.  All work-eligible families receiving FITAP benefits will receive on-going6
intensive case management including monthly contact with those engaged in a work7
activity.  The on-going intensive case management services will be provided to8
work-eligible families by the Department of Children and Family Services and other9
TANF partner agencies, in accordance with R.S. 46:231.7, to develop and comply10
with Family Success Agreements. The Family Success Agreement is the mutually11
developed contract between a FITAP recipient, on behalf of their family, and the12
department that sets forth mutual and time-bound responsibilities, expectations,13
activities, and goals designed to transition a participant from welfare to14
self-sufficiency.  The Family Success Agreement shall be reviewed every six15
months. Failure to comply with the Family Success Agreement shall result in16
sanctions imposed upon the family in accordance with R.S. 46:231.7.  The secretary17
of the department may promulgate rules and regulations which establish exceptions18
to the time limitations provided in this Section to the extent that funds are available19
for this purpose; however, any such exception shall be contingent upon the recipient20
maintaining compliance with the STEP Family Success Agreement pursuant to R.S.21
46:231.12.22
§231.12. Employment, education, and related services for FITAP participants;23
responsibilities of the secretary, agencies, and participants24
A.(1) The department shall develop and implement STEP as the employment25
program for work-eligible recipients of cash assistance in accordance with the26
provisions of the Federal Welfare Reform Act.  The Louisiana Workforce27
Commission shall collaborate with the department to identify and coordinate28
employment services for the program.  The Louisiana Workforce Commission and29 ENROLLEDHB NO. 525
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the department shall report to the House and Senate committees on health and1
welfare on the progress of the plan within one year of the implementation of the plan.2
(2) The employment services provided for in this Subsection shall be3
delivered pursuant to performance-based contracts between the department and the4
Louisiana Workforce Commission, other government agencies, or any community5
partner.  The services may include but shall not be limited to the following:6
(a)  Job readiness, job preparation, and job search.7
(b)  Workplace literacy and related assessments.8
(c) Applicable skill-based training, employer-based training, and other9
employment activities designed to meet the needs of Louisiana employers with a10
preference towards demand occupations.11
(d)  Temporary and permanent job placements.12
(e)  Subsidized employment services.13
(f)  On-the-job training.14
B.  In order to receive cash assistance, an applicant who is work-eligible as15
defined in R.S. 46:231 shall fulfill each requirement set forth in his Family Success16
Agreement and shall participate in the employment program provided for in17
Subsection A of this Section.18
C. Prior to receipt of cash assistance, a work-eligible participant shall be19
notified in writing of program expectations and participant responsibilities.  When20
possible, notification may be delivered via e-mail or other electronic means, and21
notification delivered in this manner shall be deemed to satisfy the written22
notification requirement established in this Subsection.23
D. Within the limits of appropriation therefor, the secretary shall establish24
and administer STEP, which shall include the allowable work activities as provided25
in the Federal Welfare Reform Act, for work-eligible recipients of FITAP.26
E. The secretary shall provide workers' compensation and liability insurance27
coverage for participants engaged in work experience or community service28
activities.29 ENROLLEDHB NO. 525
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F. Subject to appropriation, the department may provide support services and1
transitional services to facilitate progress by FITAP recipients toward self-2
sufficiency and sustainable employment.3
G. The secretary shall promulgate in accordance with the Administrative4
Procedure Act any rules necessary to implement the provisions of this Section.5
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§460.6.  Individual development account7
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F. The department may administer an individual development account9
program as provided in this Section contingent upon the availability of funding to do10
so.11
Section 2.  R.S. 46:231(13), 231.3, 231.6(D) and (E), 231.7 through 231.11, and12
460.8(C) are hereby repealed in their entirety.13
Section 3. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: