HOUSE BILL NO. 676
INTRODUCED BY J. WITT
AN ACT RELATING TO NONASSUMED COUNTIES' SHARES OF PUBLIC ASSISTANCE EXPENDITURES; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO PAY SALARIES AND TRAVEL EXPENSES OF CERTAIN COUNTY PUBLIC ASSISTANCE PERSONNEL; REQUIRING COUNTIES TO REIMBURSE THE DEPARTMENT FOR CERTAIN ADMINISTRATIVE COSTS OF PUBLIC ASSISTANCE AND OTHER COSTS; REVISING THE LAW GOVERNING THE DEPARTMENT'S MAINTENANCE OF EFFORT REQUIREMENT TO REQUIRE THE DEPARTMENT TO MAINTAIN A SPECIFIED LEVEL OF ASSISTANCE; REQUIRING THE COUNTIES TO REIMBURSE THE DEPARTMENT FOR A PORTION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES GRANTS TO INDIVIDUALS; AMENDING SECTIONS 53-2-304, 53-4-211, AND 53-4-246, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-2-304, MCA, is amended to read:
"53-2-304. Staff personnel of county department. (1) Each county board shall select and appoint from a list of
qualified persons furnished by the department of public health and human services staff personnel that are necessary. The
staff personnel in each county must consist of at least one qualified staff worker or investigator and clerks and
stenographers that may be necessary. If conditions warrant, the county board, with the approval of the department of public
health and human services, may appoint some fully qualified person listed by the department as supervisor of its staff
personnel. The staff personnel of each county department are directly responsible to the county board, but the department of
public health and human services may supervise the county employees in respect to the efficient and proper performance of
their duties. The county board of public welfare may not dismiss any member of the staff personnel without the approval of
the department of public health and human services. The department may request the county board to dismiss any member
of the staff personnel for inefficiency, incompetence, or similar cause. The final authority for dismissal is the county board.
In counties where the department has assumed the administration of welfare duties, the final authority for dismissal is the
director of the department.
(2) Public assistance staff personnel attached to the county board must be paid from state public assistance funds both
their salaries and their travel expenses as provided for in 2-18-501 through 2-18-503 when away from the county seat in the
performance of their duties, but the county board of public welfare shall reimburse the department of public health and
human services from county poor funds the full amount of the salaries and travel expenses not reimbursed to the department
by the federal government and the full amount of the department's administrative costs that are allocated by the department
to the county for the administration of county welfare programs and not reimbursed to the department by the federal
government. Under circumstances prescribed by the department of public health and human services, the reimbursement by
the county board of public welfare may be less than the county share as prescribed in this subsection. All other
administrative costs of the county department must be paid from county poor funds. The department shall pay from state
public assistance funds the salaries of public assistance staff personnel attached to a county board. The department shall also
pay the travel expenses of those personnel, as provided in 2-18-501 through 2-18-503, when those personnel are away from
the county seat in the performance of their duties. However, the county board shall reimburse the department from county
poor funds for those salaries, travel expenses, and indirect costs and for the department's administrative costs allocated by
the department to the county for the administration of county welfare programs, as follows:
(a) The county board shall reimburse the department 50% of all salaries, travel expenses, and allocated direct and indirect administrative costs attributable to cash assistance and emergency assistance programs created pursuant to Title 53, chapter 4. However, a county is not required to reimburse the department more for the salaries, travel expenses, indirect costs, and allocated administrative costs for 1 state fiscal year than the dollar amount that the county paid as its share of cash assistance and emergency assistance programs in 1996.
(b) The county board shall reimburse the department the full amount of salaries, travel expenses, and allocated direct and indirect administrative costs attributable to any public assistance program other than the cash assistance and emergency assistance programs created pursuant to Title 53, chapter 4, not reimbursed to the department by the federal government.
(3) All administrative costs of the county department of public welfare other than the costs described in subsections (2)(a) and (2)(b) must be paid from county poor funds.
(3)(4) On or before the 20th day of the month following the month for which the payments to the public assistance staff
personnel of the county were made, the department of public health and human services shall present to the county
department of public welfare a claim for the required reimbursements. The county board shall make reimbursements within
20 days after the presentation of the claim, and the department of public health and human services shall credit all
reimbursements to its account for administrative costs.
(4)(5) If a county has transferred its public assistance and protective services responsibilities to the state under part 8 of
this chapter, the department shall select, appoint, and supervise all necessary public assistance and protective services
personnel, including if necessary a supervisor of staff personnel. All personnel are directly responsible to the department."
Section 2. Section 53-4-211, MCA, is amended to read:
"53-4-211. Administration of programs funded under temporary assistance for needy families block grant. (1) The department is authorized and is charged with the general administration and supervision of programs funded under the temporary assistance for needy families block grant under the powers, duties, and functions as prescribed in chapter 2 of this title.
(2) The state of Montana shall maintain a fiscal effort equivalent to at least 80% 77% of the federally calculated its
historic state expenditures, as defined in 42 U.S.C. 609(a)(7)(B)(iii), governing maintenance of effort necessary to draw
down the temporary assistance to needy families block grant."
Section 3. Section 53-4-246, MCA, is amended to read:
"53-4-246. (Temporary) County share of participation. Each county where the recipient of FAIM financial assistance resides shall reimburse the department in the amount equal to the percentage of the approved temporary assistance for needy families grants, exclusive of the federal share. However, a county may not be required to pay more than the amount appropriated to the department by the legislature for the state maintenance of effort for the temporary assistance for needy families block grant. (Terminates June 30, 1999--sec. 53, Ch. 486, L. 1997.)
53-4-246. (Effective July 1, 1999) County share of participation. Each county where the recipient of FAIM financial
assistance Except for recipients who are enrolled members of an Indian tribe, for each recipient of cash assistance in the
FAIM project, the county where the recipient resides shall reimburse the department in the amount equal to the percentage
22.5% of the nonfederal share of the approved temporary assistance for needy families grants not paid with federal
temporary assistance for needy families funds grant for the recipient. However, a county is not required to reimburse the
department more for temporary assistance for needy families grants for 1 state fiscal year than the dollar amount that the
county paid as its share of cash assistance and emergency assistance programs in 1996. For purposes of determining the
nonfederal share, the federal share is considered to be equal to the federal medical assistance percentage paid to the states
for medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq."
Section 4. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.
Section 5. Effective date. [This act] is effective July 1, 1999.
Section 6. Termination date. [This act] terminates June 30, 2001.
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Latest Version of HB 676 (HB0676.ENR)
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