Bill Text: HI SB2937 | 2012 | Regular Session | Introduced
Bill Title: Human Services; TANF Program; Public Assistance Programs
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-09 - (S) The committee on HMS deferred the measure. [SB2937 Detail]
Download: Hawaii-2012-SB2937-Introduced.html
|
THE SENATE |
S.B. NO. |
2937 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to public assistance programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that public assistance programs limit eligibility to those who have few or no assets. Unfortunately, such asset limits provide an incentive for individuals to divest themselves of assets and a disincentive to accumulate assets. This is problematic since families need assets to avoid and escape poverty and become self-sufficient.
The Corporation for Enterprise Development is a national nonprofit based in Washington, D.C., dedicated to expanding economic opportunity for low-income families and communities. The Corporation for Enterprise Development recommends that states, among other things, completely eliminate asset limits for their temporary assistance for needy families programs or raise the asset limit for those programs to $15,000. One state has already raised its asset limit to $15,000, and five states have completely eliminated their asset limits.
The purpose of this Act is to increase the asset limit and exempt the value of an additional motor vehicle for each employed member of the household when determining eligibility for Hawaii's temporary assistance for needy families program.
SECTION 2. Section 346-29, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) In determining the needs of an applicant or recipient for public assistance by the department, the department shall:
(1) Disregard the amounts of earned or unearned income as required or allowed by federal acts and other regulations, to receive federal funds and disregard from gross earned income twenty per cent plus $200 and a percentage of the remaining balance of earned income consistent with federal regulations and other requirements;
(2) Consider as net income in all cases the income as federal acts and other regulations require the department to consider for receipt of federal funds and may consider the additional income and resources as these acts and regulations permit to be considered;
(3) For households with minor dependents, disregard a
total of [$5,000] $ in assets and
the value of one motor vehicle and an additional motor vehicle for each
employed member of the household in determining the needs of persons for
financial assistance; provided that the amount to be disregarded shall not
exceed standards under federally funded financial assistance programs. This
paragraph shall not apply to persons eligible for federal supplemental security
income benefits, aid to the aged, blind or disabled, or general assistance to
households without minor dependents. In determining the needs of persons
eligible for federal supplemental security income benefits, aid to the aged,
blind, or disabled, or general assistance to households without minor
dependents, the department shall apply all the resource retention and exclusion
requirements under the federal supplemental security income program;
(4) Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a single person for medical assistance only;
(5) Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a family of two persons for medical assistance only and an additional $250 for each additional person included in an application for medical assistance only;
(6) Disregard amounts of emergency assistance granted under section 346-65;
(7) Not consider as income or resources any payment for services to or on behalf of, or any benefit received by, a participant under the first-to-work program of part XI, other than wages. Wages earned by a participant while participating in the first-to-work program shall be considered income of the participant, unless the wages are excluded or disregarded under any other law;
(8) Not consider as income or resources payment made to eligible individuals, eligible surviving spouses, surviving children or surviving parents as specified under Title I of the Civil Liberties Act of 1988, Public Law 100-383, which made restitution to individuals of Japanese ancestry who were interned during World War II;
(9) Allow the community spouse of an individual residing in a medical institution to maintain countable resources to the maximum allowed by federal statutes or regulations with provisions for increases, as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree, without jeopardizing the eligibility of the institutionalized spouse for medical assistance;
(10) Allow an individual residing in a medical institution to contribute toward the support of the individual's community spouse, thereby enabling the community spouse to maintain the monthly maximum income allowed by federal statutes or regulations, with provisions for increases as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree;
(11) Consider the transfer of assets from the applicant's name to another name within the specified time period as required by federal regulations, known as the "lookback" period, prior to the application for medical assistance for care in a nursing home or other long-term care facility. Pursuant to rules adopted under chapter 91, the director may attribute any assets that have been transferred within the required federal "lookback" period from the applicant if the director determines that transfer of certain assets was made solely to make the applicant eligible for assistance under this chapter; and
(12) Not consider as income or resources any funds deposited into a family self-sufficiency escrow account on behalf of a participant under a federal housing choice voucher family self-sufficiency program as required or allowed under federal law."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Human Services; TANF Program; Public Assistance Programs
Description:
Increases the asset limit for Hawaii's temporary assistance for needy families program eligibility. Exempts the value of an additional motor vehicle for each employed member of the household when determining eligibility for Hawaii's temporary assistance for needy families program.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
