REFERENCE TITLE: SNAP; eligible benefits.

State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022

HB 2797

Introduced by Representatives Powers Hannley: Andrade, Butler, Cano, DeGrazia, Epstein, Fernandez B, Hernandez M, Liguori, Mathis, Pawlik, Qui  onez, Schwiebert, Solorio, Senator Gonzales

 

AN ACT

 

Amending sections 46-101 and 46-207.01, Arizona Revised Statutes; amending title 46, chapter 2, article 1, Arizona Revised Statutes, by adding section 46-217; amending sections 46-219, 46-292, 46-294 and 46-300, arizona revised statutes; amending tile 46, chapter 2, article 5, arizona revised statutes, by adding section 46-300.08; amending section 46-407, arizona revised statutes; relating to temporary assistance for needy families.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section  1. Section 46-101, Arizona Revised Statutes, is amended to read:

START_STATUTE46-101. Definitions

In this title, unless the context otherwise requires:

1. "Aid to families with dependent children" means assistance granted under section 403 of title IV of the social security act as it existed before August 22, 1996.

2. "Applicant" means a person who has applied for assistance or services under this title, or a person who has applied for assistance or services under this title and who has custody of a dependent child.

3. "Assistance" means payments in cash or kind to or on behalf of a person or persons in need as provided for in this title.

4. "Assistance unit" means those members of a needy family, as prescribed by the department in rule, or a child only case, that meets the nonfinancial eligibility criteria for cash assistance and whose needs and other circumstances are considered as a whole to determine a cash assistance benefit amount.

5. "Cash assistance" means temporary assistance for needy families paid to a recipient for the purpose of meeting basic living expenses as defined by the department.

6. "Child care personnel" means any person who supervises children in a day care home or center that receives child care food program monies under this article.

7. "Child only case" means either:

(a) A case in which the eligible dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and placed or is living in foster care with an unrelated adult or with a nonparent relative who is not receiving cash assistance.

(b) A case in which a cash assistance eligible child resides with cash assistance ineligible parents only for the purposes of work participation rates.

8. "Dependent child" means a needy child who has been deprived of parental support or care by reason of the death, unemployment of the supporting parent as defined and prescribed by the rules of the department, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives who are responsible under the law for the child's support are not able to provide adequate care and support of the child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin in a place of residence maintained by one or more of such relatives as his or their own home or who is in the legal custody of the department of child safety and placed in a foster home or with an unrelated adult as a recipient of temporary assistance for needy families. Such dependent child must be under eighteen years of age or, if eighteen, must be a full-time student in a high school, or in the equivalent level of vocational or technical training, and shall be reasonably expected to complete the program before reaching age nineteen.

9. "Director" means the director of the department of economic security.

10. "Domestic violence" means battered or subject to extreme cruelty as defined in section 408(a)(7)(C)(iii) of the social security act.

11. "Employment plan" means an agreement between the department and the cash assistance recipient regarding the participant's work activities and services provided by the department.

12. "Federal poverty level" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register.

13. "Head of household" means a dependent child's parent or the spouse of the parent, or the dependent child's nonparent relative or spouse of the nonparent relative, who receives cash assistance for himself and on behalf of the dependent child or only on behalf of the dependent child.

14. "Homestead property" means a home owned and occupied by the applicant or recipient, or his spouse.

15. "Jobs program" means services established by the department to ensure that participants comply with work requirements as prescribed in Public Law 104-193.

16. "Needy family":

(a) Means a family that resides in the same home and includes a dependent child, one or more of the dependent child's parents and nonparent relatives of the dependent child and their spouses who meet financial cash assistance eligibility criteria established by this title and by department rule.

(b) Does not include a child only case.

17. "Nonparent relative" means a dependent child's grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin and includes a permanent guardian who is appointed pursuant to section 8-872.

18. "Participant" means a recipient of cash assistance engaged in work activities through the JOBS program.

19. "Personal responsibility declaration" means a document that is prescribed by the department and in which the applicant acknowledges understanding of the applicant's personal responsibility.

20. "Recipient" means a person who receives assistance or services under the provisions of this title.

21. "Services" includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title.

22. "Sponsor" means any political subdivision of this state, any federally recognized Indian tribe, any military base or any other person, partnership, corporation or association contracting with this state to provide assistance in the distribution of child care food program monies pursuant to this article.

23. "State department" or "department" means the department of economic security.

24. "Temporarily deferred" means the postponement of work activities.

25. "Temporary assistance for needy families" means assistance granted under section 403 of title IV of the social security act as it exists after August 21, 1996.

26. "Vendor payment" means any payment to a person other than the recipient on his behalf.

27. "Work activities" means the following activities that are countable toward the federal work participation rate as prescribed in Public Law 104-193, section 407 (1996):

(a) Unsubsidized employment.

(b) Subsidized private or public employment.

(c) Work experience.

(d) On-the-job training.

(e) Job search and job readiness assistance.

(f) Community service programs.

(g) Vocational educational training.

(h) Job skills training directly related to employment.

(i) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(j) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalency, in the case of a recipient who has not completed secondary school or received such a certificate. END_STATUTE

Sec.  2. Section 46-207.01, Arizona Revised Statutes, is amended to read:

START_STATUTE46-207.01. Temporary assistance for needy families; amount of cash assistance

Cash assistance paid to any recipient pursuant to section 46-292, which when added to nonexempt income from all other sources, shall not be less than thirty-six per cent forty percent of the 1992 federal poverty level of the prior calendar year adjusted for family size and factors provided in section 46-207, subsections B and D. END_STATUTE

Sec.  3. Title 46, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 46-217, to read:

START_STATUTE46-217. Temporary assistance for needy families program; eligibility after conviction

Notwithstanding section 13-3418, a person who is convicted of a felony offense INVOLVING distribution, use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the TEMPORARY assistance for needy families program. END_STATUTE

Sec.  4. Section 46-219, Arizona Revised Statutes, is amended to read:

START_STATUTE46-219. Supplemental nutrition assistance program; eligibility after conviction

A. Notwithstanding section 13-3418 and if the person agrees to random drug testing, a person who is convicted after August 22, 1996 of a felony offense that has as an element of the offense the involving distribution, use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the supplemental nutrition assistance program. if the person meets at least one of the following criterion:

1. Successfully completes a substance abuse treatment program.

2. Is currently accepted for treatment in a substance abuse treatment program but is subject to a waiting list to receive available treatment, and the person remains enrolled in the treatment program and enters the treatment program at the first available opportunity.

3. Is currently accepted for treatment in and is participating in a substance abuse treatment program.

4. Is determined by a licensed medical provider to not need substance abuse treatment.

5. If applicable, is in compliance with all terms of probation.

B. The department shall adopt rules related to drug testing pursuant to this section that include more frequent drug testing for offenses that occurred within twenty-four months of the date of application. END_STATUTE

Sec.  5. Section 46-292, Arizona Revised Statutes, is amended to read:

START_STATUTE46-292. Eligibility for assistance

A. A family without a dependent child in the household may not receive cash assistance except that a woman who is pregnant may receive cash assistance.

B. Cash assistance may be given under this title to any dependent child and member of a needy family:

1. Who has established residence in Arizona at the time of application and who is either:

(a) A citizen by birth or naturalization.

(b) A qualified alien who entered the United States on or before August 21, 1996.

(c) A qualified alien who entered the United States as a member of one of the exception groups under Public Law 104-193, section 412, in which case the person shall be determined eligible in accordance with Public Law 104-193.

(d) Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501.  

For the purposes of subdivisions (b) and (c) of this paragraph, "qualified alien" means a person who is defined as a qualified alien under Public Law 104-193, section 431.

2. If the parent or parents of the dependent child or the nonparent relative head of household receiving assistance, if employable, does not refuse to accept available employment. The department shall assess the applicant's employability at the time of initial application for assistance to establish a self-sufficiency diversion option, if appropriate, before benefit issuance. The determination of employability and the conditions under which employment shall be required shall be determined by the state department, except that claimed unemployability because of physical or mental incapacity shall be determined by the state department in accordance with this title.

3. If the parent or parents of the dependent child or the nonparent head of household in a needy family has not, within one year before application, or while a recipient, transferred or assigned real or personal property with the intent to evade federal or state eligibility requirements. Transfer of property with retention of a life estate for the purpose of qualifying for assistance is prohibited. Where fair consideration for the property was received, no inquiry into motive is necessary. A person found ineligible under this section shall be ineligible for such time as the state department determines.

4. Who meets the requirements of this section and department rule to qualify as part of the assistance unit.

C. Qualified aliens entering the United States after August 21, 1996 are ineligible for benefits for a period of five years beginning on their date of entry, except for Cuban and Haitian entrants as defined in section 501(e)(2) of the refugee education assistance act of 1980 and exceptions provided under Public Law 104-193 (personal responsibility and work opportunity reconciliation act of 1996) and Public Law 105-32 (balanced budget act of 1997).

D. A parent or any other relative who applies for or who receives cash assistance under this title on behalf of a child shall cooperate with the department by taking the following actions:

1. Providing information regarding the identity of the child's father and mother and other pertinent information including their names, social security numbers and current addresses or a sworn statement that attests to the lack of this information and that is accompanied by facts supporting the asserted lack of information.

2. Appearing at interviews, hearings and legal proceedings.

3. Submitting and having the child submit to genetic testing.

4. Signing authorizations for third parties to release information concerning the applicant or the child, or both.

5. In cases in which parentage has not been established, providing a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties.

6. Supplying additional information the department requires.

E. The department shall sanction a recipient who, without good cause as prescribed in subsection F of this section, fails to cooperate with child support enforcement efforts according to the sanction provisions of section 46-300.

F. One or more of the following circumstances constitute good cause for failure to cooperate with child support enforcement efforts:

1. Cooperation may result in physical or emotional harm to t