To amend chapter 208, RSMo, by adding thereto one new section relating to temporary assistance for needy families.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.038, to read as follows:

     208.038. 1. In order to provide the best service to all of Missouri's citizens, the state of Missouri shall take a proactive position in enforcing the terms of "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (P.L. 104- 193).

     2. The policy of the state shall be to support the provisions certified in the plan submitted to the United States Department of Health and Human Services on September 30, 1996, for funds from Temporary Assistance for Needy Families Block Grant. The items certified that the state of Missouri:

     (1) Will operate a child support enforcement program;

     (2) Will operate a foster care and adoption assistance program;

     (3) Will designate the Missouri department of social services to administer and supervise the Missouri children and family assistance program and will assure that local governments and private sector organizations are being consulted regarding the design of the plan and shall have been afforded forty-five days to comment on the plan;

     (4) Has established and is enforcing standards and procedures to ensure against program fraud, including prevention of nepotism, conflicts of interest, kickbacks and political patronage; and

     (5) Elects to establish and enforce standards to screen, identify, refer clients and to waive certain program requirements for individuals receiving assistance under the plan who have been victims of domestic violence or face other barriers to obtaining self- sufficiency.

     3. The state of Missouri shall also continue to operate the following waivers granted under section 1115 of the Social Security Act:

     (a) The Missouri families mutual responsibility plan that began on July 1, 1995, and is scheduled to operate through June 30, 2000, statewide; and

     (b) The 21st century communities demonstration plan that began on January 31, 1993, and is scheduled to operate through January 31, 2005.

     In all instances in which The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is inconsistent with Missouri's welfare reform waivers described in this subsection, the state of Missouri shall continue to apply the waiver provisions. The Missouri legislature specifically finds that the Missouri waivers' provisions on time limits, exemptions, and countable work activities are inconsistent with The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and that the Missouri waivers' approach in each of these areas is better suited to the needs of Missouri families. The Missouri department of social services is specifically directed to apply the waivers rather than The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 in any areas in which said federal law is inconsistent with the waivers.

     4. The department of social services shall ensure that:

     (1) Needy children and families receive assistance;

     (2) Missouri maximizes its receipt of federal funds;

     (3) Limited child care funds and funds for work, education

and training programs are provided to families most likely to be able to move from welfare to work;

     (4) Persons unemployed through no fault of their own are not penalized by Missouri's new welfare programs;

     (5) Officers and employees of Missouri shall continue to provide client privacy protection;

     (6) Uniform standards of eligibility shall be implemented throughout the state of Missouri; and

     (7) No rule or portion of a rule promulgated under the authority of this act shall become effective unless it has been promulgated pursuant to the provision of section 536.024, RSMo.