1999 Montana Legislature

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SENATE BILL NO. 353

INTRODUCED BY E. FRANKLIN, J. BOHLINGER, S. DOHERTY, D. ECK, K. GALVIN-HALCRO, L. GROSFIELD, G. GUTSCHE, H. HARPER, C. HIBBARD, B. RANEY, L. SOFT

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AN ACT ESTABLISHING LIMITS ON SANCTIONS FOR THE FAIM PROJECT; PROVIDING FOR A STUDY OF THE EFFECT OF THE FAIM SANCTION POLICIES ON MONTANA'S LOW-INCOME FAMILIES; AMENDING SECTION 53-4-717, MCA; AND PROVIDING AN EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 53-4-717, MCA, is amended to read:

     "53-4-717.  Sanctions.  If an individual receiving FAIM financial assistance under the FAIM project is required to participate in the employment and training program as a condition of the individual's family investment agreement and fails without good cause to participate, the individual must be sanctioned in accordance with rules established by the department. Except as required by federal law, a sanction may not include any restriction or termination of food stamps or medicaid coverage, and child care benefits may only be continued for employment-related activities required by the family investment agreement that the FAIM participant has signed that are to be performed during the sanction period. The department may establish rules to ensure that individuals who participate in good faith are sanctioned properly and avail themselves of additional case management services to ensure compliance with the family investment agreement."



     Section 2.  Sanctions policy -- study. (1) The department shall conduct and, when appropriate, incorporate into the FAIM project evaluation a study to investigate the impact of its sanctions policy on families participating in the FAIM project. The study must include but not be limited to:

     (a) information on the rate of successful appeals of sanctions imposed on individuals;

     (b) what circumstances led to any improper sanctioning;

     (c) what services or assistance could have prevented the improper sanctioning of the individual; and

     (d) what services or assistance could be provided to individuals to lower the sanction rate in the FAIM project.

     (2) The study must also include model policies outlining progressive disciplinary practices used in the private sector and the applicability of those practices to the FAIM program.

     (3) The study must be conducted as part of the department's current efforts to evaluate the FAIM project.

     (4) The department shall report the progress of the study to the 57th legislature.



     Section 3.  Codification instruction. [Section 2] is intended to be codified as an integral part of Title 53, chapter 4, part 7, and the provisions of Title 53, chapter 4, part 7, apply to [section 2].



     Section 4.  Effective date. [This act] is effective July 1, 1999.

- END -




Latest Version of SB 353 (SB0353.ENR)
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