239B.5 - COMPLIANCE WITH FEDERAL LAW.
239B.5 COMPLIANCE WITH FEDERAL LAW.
1. If, as a condition of receiving federal funds for the family
investment program, federal law requires implementation and
administration of certain activities during a period when the general
assembly is not in session, the department shall proceed to implement
and administer those provisions, even if in conflict with other
existing state law. However, the period of implementation authorized
under this subsection shall end upon the adjournment of the regular
session of the general assembly immediately following the
commencement of the period of implementation.
2. The department may submit waiver requests to the United States
department of health and human services as necessary to implement and
administer any provision under this chapter, or to implement any
subsequent initiative that requires a waiver from federal law.
3. a. The provisions of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193,
§ 115, shall not apply to an applicant or participant.
b. However, unless exempt for good cause under rules adopted
by the department for this purpose, an applicant or participant
convicted under federal or state law of a felony offense, which has
as an element the possession, use, or distribution of a controlled
substance, as defined in 21 U.S.C. § 802(6), shall be required to
participate in drug rehabilitation activities or to fulfill other
requirements to verify that the applicant or participant does not
illegally possess, use, or distribute a controlled substance. Section History: Recent Form
97 Acts, ch 41, §6, 34