Introduced Version House Bill 2080 History

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H. B. 2080

(By Delegate Caputo)
[Introduced February 9, 2005; referred to the
Committee on Education then Finance.]

A BILL to amend and reenact §9-9-3 of the code of West Virginia, 1931, as amended, relating to excluding as income of a student parent the loan proceeds and grant moneys received by the parent for education.

Be it enacted by the Legislature of West Virginia:
That §9-9-3 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§9-9-3. Definitions.
In addition to the rules for the construction of statutes in section ten, article two, chapter two of this code and the words and terms defined in section two, article one of this chapter, unless a different meaning appears from the context:
(a) "At-risk family" means a group of persons living in the same household, living below the federally designated poverty level, lacking the resources to become self-supporting and consisting of a dependent minor child or children living with a parent, stepparent or caretaker-relative; an "at-risk family" may include an unmarried minor parent and his or her dependent child or children who live in an adult-supervised setting;
(b) "Beneficiary" or "participant" means any parent or caretaker-relative in an at-risk family who receives cash assistance for himself or herself and family members;
(c) "Cash assistance" means temporary assistance for needy families;
(d) "Challenge" means any fact, circumstance or situation that prevents a person from becoming self-sufficient or from seeking, obtaining or maintaining employment of any kind, including physical or mental disabilities, lack of education, testing, training, counseling, child care arrangements, transportation, medical treatment or substance abuse treatment;
(e) "Community or personal development" means activities designed or intended to eliminate challenges to participation in self-sufficiency activities. These activities are to provide community benefit and enhance personal responsibility, including, but not limited to, classes or counseling for learning life skills or parenting, dependent care, job readiness, volunteer work, participation in sheltered workshops or substance abuse treatment;
(f) "Department" means the State Department of Health and Human Resources;
(g) "Education and training" means hours spent regularly attending and preparing for classes in any approved course of schooling or training;
(h) "Family assessments" means evaluation of the following: Work skills, prior work experience, employability, education and challenges to becoming self-sufficient such as mental health and physical health issues along with lack of transportation and child care;

(i) "Income" means money received by any member of an at-risk family which can be used at the discretion of the household to meet its basic needs: Provided, That income does not include:
(1) Supplemental security income paid to any member or members of the at-risk family;
(2) Earnings of minor children;
(3) Payments received from earned income tax credit or tax refunds;
(4) Earnings deposited in an individual development account approved by the Department;
(5) Any educational grant or scholarship income regardless of source; or
(6) Any moneys specifically excluded from countable income by federal law; or
(7) Any moneys received by the parent as school loans, scholarships or grants.

(j) "Personal responsibility contract" means a written agreement entered into by the Department and a beneficiary for purposes of participation in the West Virginia Works Program;
(k) "Secretary" means the Secretary of the State Department of Health and Human Resources;
(l) "Subsidized employment" means employment with earnings provided by an employer who receives a subsidy from the Department for the creation and maintenance of the employment position;

(m) "Support services" includes, but is not limited to, the following services: Child care; medicaid; transportation assistance; information and referral; resource development services which includes assisting families to receive child support and supplemental security income; family support services which includes parenting, budgeting and family planning; relocation assistance; and mentoring services;
(n) "Transitional assistance" may include medical assistance, food stamp assistance, child care and supportive services as defined by the Secretary and as funding permits;

(o) "Unsubsidized employment" means employment with earnings provided by an employer who does not receive a subsidy from the Department for the creation and maintenance of the employment position;
(p) "Work" means unsubsidized employment, subsidized employment, work experience, community or personal development and education and training; and
(q) "Work experience" means unpaid structured work activities that are provided in an environment where performance expectations are similar to those existing in unsubsidized employment and which provide training in occupational areas that can realistically be expected to lead to unsubsidized employment.

NOTE: The purpose of this bill is to permit the head of an at-risk family to accept school loans, grants and scholarships without losing assistance while in school.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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