AN ACT RELATING TO PUBLIC ASSISTANCE

It is enacted by the General Assembly as follows:

SECTION 1. Sections 40-5.1-8, 40-5.1-9, 40-5.1-11, 40-5.1-12, 40-5.1-13, 40-5.1-25, 40-5.1-27 of the General Laws in Chapter 40-5.1 entitled "Family Independence Act" are hereby amended to read as follows:

40-5.1-8. Eligibility for cash assistance. -- [Contingently effective -- See note.] (a) {ADD (i) ADD} Except as otherwise provided for herein, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is {ADD a resident of the state and is ADD} either{ADD (A) ADD}a citizen{DEL , DEL}{ADD ; ADD} or {ADD (B) ADD}lawfully admitted for permanent residence {ADD before August 22, 1996, ADD} or {ADD (C) ADD}otherwise lawfully entitled to reside in the United States{DEL . DEL} {ADD before August 22, 1996 and is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended; or (D) an alien who on or after August 22, 1996 is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended. ADD}

{ADD (ii) An alien who does not meet the citizenship or alienage criteria in subsection (a)(i) above, who was lawfully residing in the United States before August 22, 1996 and who is a resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter without regard to the availability of federal funding; and provided, however, that such person meets all other eligibility requirements under this chapter. ADD}

{ADD (iii) Except as provided herein, no person shall be ineligible for assistance payments under this chapter due solely to the restricted eligibility rules otherwise imposed by section 115(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) and as such section may hereafter be amended. No person convicted of a drug related felony, as defined herein, shall be eligible for assistance payments under this chapter. For purposes of this chapter, "drug related felony" means the conviction (under federal or state law) subsequent to August 22, 1996 of an individual of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the distribution or sale of a controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). ADD}

(b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted as resources of the family:

(i) the home owned and occupied by a child, parent, relative or other individual;

(ii) real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his/her interest in the property;

(iii) real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of such aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which such payments were made{DEL ; DEL}{ADD . ADD} {ADD Any overpayments that may have occurred are debts subject to recovery in accordance with the provisions of section 40-5.1-28; ADD}

(iv) income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;

(v) a vehicle used primarily for income producing purposes such as but not limited to a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis; a vehicle necessary for long distance travel, other than daily commuting, which is essential to the employment of a family member; a vehicle necessary to transport a physically disabled family member where the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle that makes it possible to transport the disabled person;

(vi) household furnishings and appliances, clothing, personal effects and keepsakes of limited value;

(vii) burial plots (one for each such child, relative, and other individual), and funeral arrangements;

(viii) for the month of receipt and the following month, any refund of federal income taxes made to such family by reason of section 32 of the internal revenue code of 1986 (relating to earned income tax credit), and any payment made to such family by an employer under section 3507 of the internal revenue code of 1986 (relating to advance payment of such earned income credit);

(ix) the resources of any family member receiving supplementary security income assistance under the social security act.

(c) For purposes of subsection (b), the resources of a family shall include only that part of the fair market value of any vehicle (not otherwise excluded) which exceeds {DEL four thousand six hundred dollars ($4,600) DEL} {ADD the value for such inclusion established by the federal food stamp program administered pursuant to section 40-6-8, and as such value may hereafter be amended ADD}, or that portion of the family's equity in a vehicle which exceeds one thousand five hundred dollars ($1,500) -- whichever is less;

(d){ADD (i) ADD} Except as otherwise provided for herein, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

{ADD (ii) In calculating the sixty (60) month limit imposed in (d)(i), the department shall disregard any month for which assistance was provided with respect to a minor parent or minor pregnant woman during those months when the individual was a minor child. ADD}

{ADD (iii) The department may exempt a family from the application of subsection (d)(i) by reason of hardship; provided, however, that the number of such families to be exempted by the department under this subsection shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal law any waiver granted under section 40-5.1-46(a) shall not be counted in determining the twenty percent (20%) maximum under this section. ADD}

(e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f)(i) A family:

consisting of a parent who is under the age of eighteen (18) (minor parent); and

who has never been married ; and

who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child unless otherwise authorized by the department.

(ii) Subsection (i) shall not apply if: (A) (1) such minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;

(2) the department determines that the physical or emotional health or safety of such minor parent, or his or her child, or such pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);

(3) such minor parent or pregnant minor has lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of any such minor parent's child or the onset of such pregnant minor's pregnancy; or

(4) there is good cause, under departmental regulations, for waiving such subsection; and

(B) the individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which;

(1) requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;

(2) requires teen parents to participate in the adolescent parenting program established in chapter 40-19 of the general laws to the extent such program is available; and

(3) provides rules and regulations which insure regular adult supervision.

(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:

(i) Assigned to the state any rights to support for children within the family from any person which such family member has at the time the assignment is executed or may have while receiving assistance under this chapter;

(ii) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for such family member with respect to whom such aid is claimed, or in obtaining any other payments or property due any family member, unless such applicant is found to have good cause for refusing to comply with the requirements of this subsection.

{ADD Absent good cause for refusing to comply with the requirements of this subsection, the amount of cash to which a family is otherwise entitled shall be reduced by twenty-five percent (25%) until the adult member of the family who has refused to comply with the requirements of this subsection consents to and cooperates with the state in accordance with the requirements of this subsection. ADD}

(iii) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act.

40-5.1-9. Cash assistance. [Contingently effective -- See note.] -- (a) Entitlement to cash assistance. A family found by the department to meet the eligibility criteria set forth in this chapter shall be entitled to receive cash assistance from the date of submitting a signed application. The family members shall be eligible for cash assistance for so long as they continue to meet the eligibility criteria and parents shall be eligible so long as they meet the terms and conditions of the work requirements of subsection (c). The monthly amount of cash assistance shall be equal to the payment standard for the family minus the countable income of the family in that month. The department is authorized to reduce the amount of assistance in the month of application to reflect the number of the days between the first (1st) day of the month and the effective date of the application.

(b) Payment standard. The payment standard is equal to the sum of the following: three hundred twenty-seven dollars ($327) (two hundred seventy-seven dollars ($277) for a family residing in subsidized housing) for the first person, one hundred twenty-two dollars ($122) for the second person, one hundred five dollars ($105) for the third person and eighty dollars ($80) for each additional person.

(c) Work requirements.

(1) No more than forty-five (45) days following the date on which a family has been notified by the department in writing that it is eligible for cash assistance under the act, the department shall develop a family financial plan pursuant to section 40-5.1-5 and, unless the parent is exempt from work pursuant to subsection (iv) hereof, the department shall assess the parent's educational and vocational abilities and develop an individual employment plan pursuant to section 40-5.1-5. In the case of a family including two parents, the department may develop an employment plan for each parent if the parents so request.

(2) The employment plan shall specify the parent's work activity and the supportive services which will be provided by the department to enable the parent to engage in such work activity.

(i) During the first twenty-four (24) months of the employment plan, the parent shall participate in one of the following work activities, as appropriate, to help the parent obtain stable full-time paid employment:

(A) Twenty (20) hours per week of paid employment, (including on-the-job training);

(B) Twenty (20) hours per week of community work experience in a program which satisfies the requirements of section 40-5.1-23;

(C) A training or work readiness program approved by the department and conducted at a job site if the program involves supervised participation in work at the site;

(D) During the first six (6) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), successful participation in an approved work readiness program as defined in section 40-5.1-22;

(E) During the first three (3) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), participation in an approved rapid job placement program as defined in section 40-5.1-20;

(F) A supervised individual job search which meets the conditions set forth in section 40-5.1-21;

(G) For a parent under the age of twenty (20) without a high school diploma or the equivalent, successful participation on a full-time basis in a program to secure such diploma or the equivalent;

(H) For a parent age twenty (20) or older, without basic literacy or English literacy skills, successful participation on a full time basis in a program to secure such skills; and

(I) For a parent age twenty (20) or older (and a parent under the age of twenty (20) who has a high school degree or the equivalent or a parent under the age of twenty (20) for whom attendance at a high school is determined to be inappropriate) successful participation in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act.

(ii) Beginning with the twenty-fifth month of the employment plan, the parent shall participate in one (1) or more of the following work activities for at least twenty (20) hours per week:

(A) Paid employment (including on-the-job training);

(B) A community work experience program which satisfies the requirements of section 40-5.1-23;

(C) A training program approved by the department and conducted at a job site if the program involves supervised participation in work at the site.

(iii) The following parents shall be deferred from the participation requirement in subsection (ii):

(A) A parent under the age of twenty (20) without a high school diploma or the equivalent who is successfully participating, on a full-time basis, in a program to secure such diploma or the equivalent;

(B) A single parent age twenty (20) or older, without basic literacy or English language skills, who (1) is participating in a full-time program but is unable to complete a literacy or language skills program during the first twenty-four (24) months of his or her employment plan, or (2) who the department has determined is unable to secure paid employment without additional language or literacy skills, and who is successfully participating in a program to secure such skills.

(C) A parent age twenty (20) years or older, who is successfully participating in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act; provided, however, that the parent began the program prior to the twenty-fifth (25th) month of his or her employment plan; provided, further, however, that participation shall not be deemed a work activity after the thirty-sixth (36th) month of the employment plan.

(D) Upon completion of any activity in sections A-C, the parent shall be subject to the work activity requirements of subsection (ii).

(iv) Sections (i) and (ii) shall not apply to a single parent if (and for so long as) the department finds that he or she is:

(A) Unable to comply with the employment plan because of an illness which, on the basis of medical evidence, is serious enough to temporarily prevent work;

(B) Unable to comply with the employment plan because of a physical or mental impairment which, on the basis of medical evidence, either by itself or in conjunction with age, prevents work;

(C) Unable to comply with the employment plan because of the illness or incapacity of a minor child or spouse who requires full-time in-home care, and for whom the person is providing care;

(D) Caring for a child below the age of one; {ADD provided, however, that a minor parent without a high school diploma or the equivalent, and who is not married, shall not be exempt from subsection (i)(G) for more than twelve (12) weeks from the birth of the child; ADD}

(E) Sixty (60) years of age or older;

(F) A pregnant woman in her third trimester;

(G) Otherwise exempt by the department.

(v) The amount of cash assistance to which an otherwise eligible family is entitled under the act, shall be reduced in any month during the first twenty-four months of the parent's employment plan in which the parent fails, without good cause, to comply with the employment plan, by the parent's portion of the family's benefit.

(vi) Beginning with the twenty-fifth month of the employment plan, the following penalties shall apply in any month to a family in which the parent, without good cause, fails to comply with his or her employment plan:

             Number of                      Reduction in Family
Months of Noncompliance             Benefit (% of Parent's benefit)
One-six                                   110%            
Seven-Twelve                              120%            
Thirteen-Eighteen                         130%            
Nineteen-Twenty-four                              140%

 For purposes of subsections (v) and (vi) the benefit reduction
for a family size of 2 shall be computed utilizing a family size
of 3.

 If a parent fails to comply with his or her employment plan for
more than twenty four months, the family's benefit shall be reduced
by 100% of the parent's benefit and the entire benefit shall be
paid to some appropriate and responsible person (other than the
parent) to pay the expenses of the family. An "appropriate
responsible person" may include the family's case manager.

 If the family's benefit has been reduced due to the parent's
failure to comply with the terms of the employment plan, benefits
shall be restored to the full amount beginning with the initial
payment made on the first of the month following the month in
which the parent agrees to comply with the terms of the plan.

 If a family subject to a reduction in benefits under this subsection:

 (1) Terminates benefits;

 (2) Reapplies within 3 months and;

 (3) Has not had gross earnings in excess of $100 during the 3
month period;

 There shall be a rebuttable presumption that the family has terminated
in order to avoid a further reduction in benefits, and penalties
shall be applied as if the family had not terminated from the
program.

 (vii) Notwithstanding subsections (i) and (ii) of this subsection,
in the case of a family consisting of two parents,  {ADD (except
as provided in subsection (xi) below), ADD} beginning seven (7)
days following completion of the family financial plan and the
individual employment plan(s), or as soon as practical thereafter,
{DEL one or both of the parents shall be working a total of
40 hours/week or one parent shall be employed at a full-time job
(not less than 35 hours/week). DEL}  {ADD one (1) parent shall
be engaged in work activities for at least thirty-five (35) hours
per week during the month, not fewer than thirty (30) hours per
week of which are attributable to one (1) or more of the following
activities: ADD}

 {ADD (A)  unsubsidized employment; ADD}

 {ADD (B)  subsidized private sector employment; ADD}

 {ADD (C)  subsidized public sector employment; ADD}

 {ADD (D)  work experience if sufficient private sector employment
is not available; ADD}

 {ADD (E)  on-the-job training; ADD}

 {ADD (F)  job search and job readiness assistance; ADD}

 {ADD (G)  community service program; ADD}

 {ADD (H)  vocational educational training (not to exceed twelve
(12)  months with respect to any individual); or ADD}

 {ADD (I)  the provision of child care services to an individual
who is participating in a community service program. ADD}

 {ADD Moreover, in the case of a two (2) parent family wherein one
(1) parent is engaged for at least thirty-five (35) hours per
week in the work activities specified immediately above, and if
the family requests child care assistance under this chapter,
and an adult in the family is not disabled or caring for a severely
disabled child, the second parent must be engaged in work activities
during the month for not fewer than twenty (20) hours per week
in one (1) or more of the following activities:   ADD}

 {ADD (A)  unsubsidized employment; ADD}

 {ADD (B)  subsidized private sector employment; ADD}

 {ADD (C)  subsidized public sector employment; ADD}

 {ADD (D)  work experience if sufficient private sector employment
is not available; ADD}

 {ADD (E)  on-the-job training; or ADD}

 {ADD (F)  community service programs;   ADD}

 (viii) Section (vii) shall not apply {DEL during the first
three months of the employment plan if at least one parent is
successfully participating in a rapid job placement program, a
work readiness or training program, or engaged in a supervised
individual job search. Additionally section (vii) shall not apply
if DEL}:

 (A) {DEL One DEL} {ADD To a ADD} parent  {ADD who ADD} is ill
and the department determines on the basis of medical evidence
that the illness is serious enough to temporarily prevent entry
into employment or {DEL training DEL} {ADD engaging in the
activities listed in section (vii) ADD} or to provide care for
his/her children; {ADD or ADD}

 (B) {DEL One DEL} {ADD To a ADD} parent {ADD who ADD} is incapacitated
by a physical or mental impairment which the department has determined
on the basis of medical evidence either by itself or in conjunction
with age, prevents the individual from engaging in employment
or training or providing care for his or her children; {ADD or ADD}

 (C) {DEL The department determines there are no paid or unpaid
employment opportunities available to either parent during the
month; DEL}  {ADD To a parent who is providing full-time in-home
care to a minor child or parent who, due to illness or incapacity,
requires full-time in-home care; or ADD}

 (D) {ADD If ADD} {DEL O DEL}{ADD o ADD}therwise authorized by
the department for cause.

 (ix) If, during any month, parents required to comply with subsection
(vii) fail, without good cause to do so, the family shall be deemed
for all purposes under this act to include only one parent. The
parent included in the family shall be the parent which the department
determines has accepted primary responsibility for child care.
The parent included in the family, unless exempt pursuant to subsection
(iv), shall be required to comply with subsections (i) and (ii)
of this section and shall be subject to the penalties in subsections
(v) and (vi), as applicable, if the parent fails to do so. Notwithstanding
the foregoing, in determining the amount of cash assistance to
which a family is entitled under this chapter, the earnings of
any parent living in the same household as a family eligible for
cash assistance, shall be deemed to be earned income of the family
for purposes of section 40-5.1-10(b).

 (x) A parent's failure, without good cause, to accept a bona
fide offer of work, including full-time, part-time and/or  temporary
employment, or unpaid community service, to the extent the offer
of work is not inconsistent with the employment plan shall be
deemed a failure to comply with this section, provided that:

 (A) The parent is able to perform the work offered; and

 (B) Appropriate child care (as defined in subsection (e) hereof)
is made available to the parent.

 {ADD (xi)  A two (2) parent family that includes a disabled parent
shall be considered to be a single parent family for purposes
of applying the work requirements of subsections (i) and (ii). ADD}


 (e) Child care. Notwithstanding any other provision of this section,
no single parent, or both parents meeting the requirements of
subsection (vii), shall be required to work to the extent that
appropriate child care is necessary for the parent to do so and
the department determines that such appropriate child care is
unavailable for fiscal or other reasons. For purposes of this
section "appropriate child care" means child care which
is provided by a person or organization qualified and authorized
to provide such care by the department of children youth and families
or such other lawful providers as determined by the department
of children youth and families. Child care shall be considered
"necessary" under this section for any child below the
age of thirteen (13), or any children age thirteen (13) years
or older who is under supervision of the family court or who requires
care because of a physical or mental impairment.

 (f) Work Expenses.

 The department shall provide an allowance for transportation
costs necessary to comply with the employment plan, provided,
however, that the amount of such reimbursement shall not exceed
the sum of three dollars ($3.00) per day.

 40-5.1-11. Treatment of lump sum income. [Contingently effective
-- See note.] --  (a) If a family member receives in any
month a lump sum income which, together with all other income
for the month, exceeds the payment standard for the family:

(1) Such lump sum income shall be considered income of such individual
in the month received, and the family of which such person is
a member shall be ineligible for cash assistance for the whole
number of months that equals the sum of such amount and all other
income received in such month, divided by the {DEL payment DEL}
{ADD appropriate federal income poverty level ADD} standard for the
family; provided, however, that a family member who was not in
the household at the time of receipt of the lump sum payment shall
not be affected by the period of ineligibility, and

(2) Any income remaining (which amount is less than the payment
standard for the family) shall be treated as income received in
the first month following the period of ineligibility.

(b) The department shall recalculate the period of ineligibility
under subsection (a) if an event occurs which, had the family
been receiving cash assistance for the month of occurrence would
result in a change in the amount payable for such month, or if
the income received has become unavailable to the members of the
family for reasons that are beyond the control of such members.

(c) For purposes of this section "lump sum income" means
income which is an accumulation of current income received in
a single sum.  That portion of lump sum income which is received
from a third party for payment of medical bills, funeral expenses
or replacement or repair of real or personal property is excluded
from lump sum as long as such income is used only for that purpose.

 40-5.1-12. Parent, stepparent, grandparent and sponsor income
deeming.  [Contingently effective -- See note.] --  (a)
Parents.  For purposes of determining eligibility for and the
amount of cash assistance to which a family is entitled under
this chapter, the income of a child shall include the income of
a parent who is not included within the family of the child solely
by reason of section 40-5.1-9(c) (2) (v) or (vi).  For purposes
of this section the term "income" has the meaning prescribed
in section 40-5.1-10 including subsection (b).

(b) Stepparents.  For purposes of determining eligibility for
and the amount of cash assistance to which a family is entitled
under this chapter, the income of a child shall include the income
of the child's stepparent (if living in the same house as such
child) minus the sum of (A) the first ninety dollars ($90) of
such stepparent's earned income for such month, (B) the standard
of need for a family of the same composition as the stepparent
(but excluding any person included in the child's family), (C)
amounts paid by the stepparent to individuals not living in the
stepparent's home and claimed by him or her as dependent for federal
tax purposes and (D) alimony or child support payments made by
the stepparent with respect to individuals not living in such
household.

(c) Grandparents.  The income of a child whose parent is under
the age of eighteen (18) shall include any income of the child's
grandparents, if the grandparents are living in the same home
as the child and his or her parent, to the same extent that income
of a stepparent is included under subsection (b).

(d) Sponsors.  The income of a legal resident who is not a citizen,
shall include the income and resources of any person (and their
spouse) who (as a sponsor of such individual's entry into the
United States) executed an affidavit of support or similar agreement
with respect to such individual, for a period of three (3) years
after the individual alien's entry into the United States{DEL . DEL}
{ADD or as otherwise permitted by federal law. ADD}  The first section
of this subsection shall not apply if the sponsor of the legal
resident is a recipient of SSI, general public assistance or cash
assistance under this chapter, or if the legal resident is:

(i) A dependent child of the sponsor or of the sponsor's spouse;

(ii) Admitted as a conditional entrant refugee to the United States
as a result of the application prior to 4/1/80 of the provisions
of Section 203(a)(7) of the Immigration and Nationality Act;

(iii) Admitted as a refugee to the United States as a result of
application after 3/31/81 of the provisions of Section 207(c)
of the Immigration and Nationality Act [8 U.S.C. section 1157(c)];

(iv) Paroled into the United States as a refugee under section
212(d)(5) of the Immigration and Nationality Act [8 U.S.C. section
1182(d)(5)];

(v) Granted political asylum by the attorney general under section
208 of the Immigration and Nationality Act [8 U.S.C. section 1158];

(vi) A Cuban or Haitian entrant, as defined in section 501(3)
of the Refugee Education Assistance Act of 1980 (Public Law 96-422);

(vii) An Amerasian admitted to the United States under the provisions
of the Amerasian Homecoming Act (Public Law 100-200).

In determining the resources to be deemed to the legal resident,
the exclusion of resources in section 40-5.1-8(b) shall be applied
and the total value of countable resources in excess of one thousand
five hundred dollars ($1,500) shall be considered available to
the legal resident{DEL ; DEL} {ADD .In determining the income
to be deemed to the legal resident, the income of the sponsor
(and of the sponsor's spouse) shall be included to the same extent
that income of a stepparent is included under subsection (b), ADD}
except that twenty percent (20%) of the earned income of a sponsor
{ADD and his or her spouse if appropriate ADD} (but no more than
one hundred seventy-five dollars ($175) per month) shall be excluded.

 40-5.1-13. Reporting of income and resources by recipients.
[Contingently effective -- See note.] --  All adult family
members are responsible for reporting changes in income, resources,
family composition or other factors which can affect the family's
eligibility or payment level within ten (10) days of the change
in circumstances.  In addition, families receiving cash assistance,
as a supplement to earnings must report their earnings on a monthly{ADD ,
quarterly or semi-annual, ADD} basis{ADD , as determined by the department, ADD}
on forms provided by the department{DEL . DEL} {ADD , and
such reporting requirements shall be applied uniformly to all
families similarily situated. ADD}{DEL {ADD   ADD} DEL}

 40-5.1-25. Emergency expenses.  [Contingently effective
-- See note.] --  {ADD (a) ADD} To the extent that the department
has allocated resources for this purpose, the department is authorized
to provide assistance to families to meet emergency needs which
cannot be met with the cash resources available to the family.
 Such emergency assistance shall be limited to the lesser of actual
cost or the sum of two hundred dollars ($200). Except as provided
by the department by regulation, no expense shall be reimbursable
unless the department has pre-approved the expenditure.  Emergency
assistance includes, but is not limited to, payment of moving
expenses for families who are forced to move their place of residence
because of a fire or natural disaster and payments for emergency
transportation needs used in connection with participation in
any program approved under this chapter.

 {ADD (b)  In the event of a catastrophe caused by fire, flood,
lightning, severe wind or other act of nature, the department
may establish by regulation the authorization of catastrophic
assistance funds not subject to the limit of two hundred dollars
($200) specified in subsection (a).  Such regulations shall specify
the criteria under which funds for shelter, clothing or essential
household equipment and furnishings may be authorized in the event
of a catastrophe.  ADD}

 40-5.1-27. Budgeting. [Contingently effective -- See note.]
--  (a) The department shall determine a family's eligibility
for cash assistance for a month (the "eligibility month")
on the basis of the family's anticipated income, composition,
resources, and other relevant circumstances during such month.

(b) Beginning in the third month following the month in which
an application for cash assistance is effective, the amount of
cash assistance for a family with earned income shall be determined
on the basis of the earned income received by such family in the
first or second month (the "budget month") immediately
preceding the eligibility month.

(c) If the income from the budget month is from a terminated source,
the department shall calculate the amount of cash assistance prospectively
for each month after the month in which the income was terminated.

(d) If the income from the budget month results in the family
being ineligible for cash assistance for only one (1) month, the
family shall be deemed to be a recipient of family assistance
under this chapter during such month{DEL . DEL} {ADD , provided,
however, that the department may, by regulation, adopt a prospective
budgeting methodology to determine the eligibility for and the
amount of cash assistance for families with earned income. ADD}

SECTION 2. Chapter 40-5.1 of the General Laws entitled "FAMILY
INDEPENDENCE ACT" is hereby amended by adding thereto the
following sections:

{ADD 40-5.1-8.1. Individual development account pilot program.
-- ADD}  {ADD (a)  Notwithstanding  the family resource limit
provided in subsection 40-5.1-8(b), and to encourage savings for
transition from public assistance to employment, the department
shall implement a pilot program whereby a total of thirty (30)
families, after initial eligibility and during any continuous
period of eligibility for an assistance payment, may accumulate
up to two thousand five hundred dollars ($2,500) in a restricted
individual development account.  The program shall be limited
to the first thirty (30) recipients who choose to participate
and are otherwise qualified.  The application period for the program
will commence thirty (30) days after the start of the state's
fiscal year ending June 30, 1998, and the application period will
terminate at the end of the state's fiscal year or as soon as
the first thirty (30) recipients have been qualified for acceptance
into the program. ADD}

 {ADD (1)  Establishment.  The department is hereby authorized to
approve thirty (30) applications for the establishment of an individual
development account.  An individual development account may be
established by or on behalf of an individual eligible for assistance
for the purpose of enabling the individual to accumulate funds
for a qualified purpose described in subparagraph (2).  The individual
development account must be established in a federally insured
financial institution and is restricted solely for qualified business
capitalization expenses.  The funds held in this restricted individual
development account may be held until termination from assistance
or may be used and disbursed solely for a qualified purpose during
receipt of assistance. ADD}

 {ADD (2)  Qualified purpose.  A qualified purpose described in
this subparagraph is a business capitalization activity undertaken
by the individual eligible to receive assistance.  Amounts disbursed
from an individual development account are restricted solely for
qualified business capitalization expenses. ADD}

 {ADD (b)  For the purposes of this subsection, the following definitions
apply: ADD}

   {ADD (1)  "Qualified Business" means any business that
does not contravene any law or public policy, as determined by
the department, and in compliance with applicable rules promulgated
by the U.S. Department of Health and Human Services. ADD}

 {ADD (2)  "Qualified Business Capitalization Expenses"
means qualified expenditures for the capitalization of a qualified
business pursuant to a qualified plan. ADD}

 {ADD (3)  "Qualified expenditures" means expenditures
included in a qualified plan, including capital, plant, equipment,
working capital, and inventory expenses. ADD}

 {ADD (4)  "Qualified plan" means a business plan which: ADD}

 {ADD (i)  is approved by a financial institution, or by a nonprofit
loan fund having demonstrated fiduciary integrity, or by any other
for-profit or nonprofit entity designated by the department; ADD}

 {ADD (ii)  includes a description of services or goods to be sold,
a marketing plan, and projected financial statements; and ADD}

 {ADD (iii)  may require the eligible individual to obtain the assistance
of an experienced entrepreneurial advisor. ADD}

 {ADD (c)  Contributions into individual development account.  An
individual eligible to receive assistance may only contribute
to an individual development account:  (i)  such amounts as are
derived from income earned through wages or self-employment by
either the individual or any other family members residing with
the individual for whom eligibility for assistance has been determined;
(ii)  proceeds of a business capitalization loan; or (iii)  grant
funds received from a nonprofit organization. ADD}

 {ADD (d)  Reporting of disbursements from the individual development
account.  An individual approved to participate in the individual
development account must report all disbursements of five hundred
dollars ($500) or less to the department within ten (10) days
of such disbursement.  An individual planning any disbursement
greater than five hundred dollars ($500) must receive prior approval
of the disbursement from the department. ADD}

 {ADD (e)  Rules and regulations.  The director shall promulgate
such rules and regulations as are necessary to determine the qualifications
for the individuals to participate  in this pilot program, for
determining the standards relating to "qualified purpose,"
for determining the conditions terminating participation from
the program, and to otherwise effectuate this pilot program. ADD}

 {ADD (f)  Termination of the individual development account pilot
program.  The individual development account pilot program authorized
under this section shall terminate on June 30, 2001.   ADD}

{ADD 40-5.1-46. Screening for domestic violence -- Waiver of
program requirements. -- ADD}  {ADD (a)  The department shall
(i)  screen and identify individuals with a history of domestic
violence applying for or receiving assistance while maintaining
the confidentiality of such individuals; (ii)  refer such individuals
to counseling and supportive services; and (iii)  waive, pursuant
to a determination of good cause and for so long as necessary,
cash assistance program requirements relating to time limits for
individuals receiving assistance, residency requirements, child
support cooperation requirements, and work requirements, in cases
where compliance with such requirements would make it more difficult
for individuals receiving assistance under this chapter to escape
domestic violence or unfairly penalize such individuals who are
or have been victimized by such violence, or individuals who are
at risk of further domestic violence. ADD}

 {ADD (b)  For purposes of this section, the term "individual
with a history of domestic violence" means an individual
who has been subjected to: ADD}

 {ADD (i)  physical acts that resulted in, or threatened to result
in, physical injury to the individual; ADD}

 {ADD (ii)  sexual abuse; ADD}

 {ADD (iii)  sexual activity involving a dependent child; ADD}

 {ADD (iv)  being forced as the caretaker relative of a dependent
child to engage in nonconsensual sexual acts or activities; ADD}

 {ADD (v)  threats of, or attempts at, physical or sexual abuse; ADD}

 {ADD (vi)  mental abuse; or ADD}

{ADD (vii)  neglect or deprivation of medical care.    ADD}

SECTION 3.  This act shall take effect on July 1, 1997.


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