ASSEMBLY POLICY AND REGULATORY OVERSIGHT COMMITTEE
STATEMENT TO
ASSEMBLY, No. 15
with committee amendments
STATE OF NEW JERSEY
DATED: DECEMBER 5, 1996
The Assembly Policy and Regulatory Oversight Committee reports favorably and with committee amendments Assembly Bill No. 15.
As amended by the committee, this bill is part of a legislative package which establishes the "Work First New Jersey" program in the Department of Human Services as the State's consolidated public assistance program, replacing the current programs of aid to families with dependent children, (AFDC), AFDC emergency assistance, general assistance (GA), GA emergency assistance, the GA employability program, and the Family Development Initiative.
The bill establishes the basic eligibility requirements for the program and authorizes the Commissioner of Human Services to determine the income and resource eligibility levels for each type of assistance unit eligible for the program. The bill sets limits on the amount of monthly cash assistance benefits a recipient who has lived in the State for less than 12 months may receive.
The bill provides for the confidentiality of information concerning applicants and recipients of Work First New Jersey benefits. Also, the bill specifies those aliens who are eligible for benefits under the program. Eligible aliens include:
a. a qualified alien admitted to the United States prior to August
22, 1996, who is eligible for means-tested, federally funded public benefits pursuant to federal law;
b. a refugee, asylee, or person granted withholding of deportation under federal law for the person's first five years after receiving that classification in the United States pursuant to federal law;
c. a qualified alien who is a veteran of, or on active duty in, the armed forces of the United States, or the spouse or dependent child of that person pursuant to federal law;
d. a recipient of refugee and entrant assistance activities or a Cuban or Haitian entrant pursuant to federal law; or
e. a legal permanent resident alien who has worked 40 qualifying quarters of coverage as defined under Title II of the federal Social Security Act; except that, for any period after December 31, 1996, a quarter during which an individual received means-tested, federally funded public benefits would not count toward the total number of quarters;
f. a qualified alien admitted to the United States on or after August 22, 1996, who has lived in the United States for at least five years and is eligible for means-tested, federally funded public benefits pursuant to federal law; and
g. a qualified alien or alien's child who has been battered or subjected to extreme cruelty by a spouse or family member, under certain circumstances.
Individuals who are not eligible to receive benefits under the program include:
(1) non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a non-needy caretaker;
(2) Supplemental Security Income recipients, except for purposes of receiving emergency assistance;
(3) illegal aliens;
(4) other aliens who are not eligible aliens;
(5) a person absent from the home who is incarcerated in a federal, State, county or local correctional facility or under the custody of correctional authorities, except as provided by regulation of the commissioner;
(6) a person who is fleeing to avoid prosecution, custody or confinement after conviction for felony or a high misdemeanor; or is violating a condition of probation or parole imposed under federal or State law;
(7) a person convicted on or after August 22, 1996 under federal or State law of any crime or felony or crime, as appropriate, involving the possession, use, or distribution of a controlled substance, except that a person convicted of possession or use of a controlled substance may be eligible for benefits if the person has successfully completed a drug treatment program approved by the commissioner;
(8) a person found to have fraudulently misrepresented his residence in order to obtain means-tested, public benefits in two or more states or jurisdictions, who would be ineligible for benefits for a period of 10 years from the date of conviction in a federal or State court; or
(9) a person who intentionally makes a false or misleading statement or misrepresents, conceals or withholds facts for the purpose of receiving benefits, who would be ineligible for benefits for a period of six months for the first violation, 12 months for the second violation, and permanently for the third violation.
The bill specifies that a signing of an application for benefits under the Work First New Jersey program constitutes an assignment of child support rights on behalf of individual recipients, to the county agency administering the program.
The bill requires a parent, legal guardian or caretaker relative to report the absence of a dependent child to the county administering agency by the end of the five-day period that the adult becomes aware that the child will be absent.
The bill further specifies that emergency assistance will be provided to recipients of Work First New Jersey and to persons receiving Supplemental Security Income in emergent situations for up to 12 cumulative months. The commissioner is authorized to provide for an extension of assistance in cases of extreme hardship, as determined by the commissioner. A person receiving emergency assistance would contribute from the person's income toward the payment of all emergency shelter arrangements. The bill provides applicants and recipients with an opportunity for a hearing in the event the person's claim for benefits is denied, reduced, suspended, terminated or not acted upon within a reasonable time.
The bill authorizes the commissioner to waive compliance with the requirements of the Work First New Jersey program for up to three years in the case of an experimental, pilot or demonstration project which the commissioner determines is likely to assist in promoting the objectives of the program or the Title IV-D child support enforcement program in the State.
Finally, the bill amends P.L.1994, c.147 concerning the centralized registry of single persons and couples without dependent children (General Assistance recipients) to conform its provisions with the Work First New Jersey program.
The committee amendments allow the commissioner to grant an extension of emergency assistance, as follows:
-- for up to six additional months to an assistance unit with dependent children, if the commissioner determines that a case of extreme hardship exists. The commissioner is required to review each such case on a monthly basis during the six-month period and would continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist. If the extreme hardship continues to exist at the end of the six-month period, the commissioner may provide an additional six months of emergency assistance to no more than 10% of those assistance units with dependent children which are receiving temporary rental assistance under the emergency assistance component of the program, based upon the most current data available; and
-- for up to six additional months to no more than 10% of single adults and couples without dependent children who are receiving temporary rental assistance under the emergency assistance component of the program, if the commissioner determines that a case of extreme hardship exists. The commissioner is required to review each such case on a monthly basis during the six-month period and would continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist.
The amendments also require the commissioner to establish classifications for hotel or motel per diem rates based on the level of enhanced services provided.
In addition, the amendments provide an exception to the denial of benefits to a person convicted of a drug offense if the person has successfully completed a drug treatment program approved by the commissioner. Eligibility for benefits would commence upon completion of the drug treatment program, except that during the first 60 days after completion of the drug treatment program, the commissioner would provide for testing of the person to determine if the person is free of any controlled substance. If the person is determined to not be free of any controlled substance during the 60-day period, the person's eligibility for benefits would be terminated. The commissioner, in consultation with the Commissioner of Health and Senior Services, is required to adopt regulations which would include the criteria for determining completion of a drug treatment program.
The amendments also provide that single adults or couples without dependent children who are legal aliens who meet citizenship requirements and have applied for citizenship could not receive benefits for more than six months unless (1) they attain citizenship; or (2) they have passed the English language and civics components for citizenship, and are awaiting final determination of citizenship by the Immigration and Naturalization Service.
In addition, the amendments clarify that the commissioner could not waive compliance with the employment provisions of subsection h. of section 8 of Assembly Bill No. 12 of 1996, as amended by the committee, and that the commissioner could not implement a pilot or demonstration project that circumvents or obstructs a collective bargaining agreement.
Amendments also add to the definition of "eligible alien," a qualified alien or the alien's child who has been battered or subjected to extreme cruelty, subject to conditions specified in federal law (section 431 of Pub.L.104-193 as that law was amended by the "Illegal Immigration Reform and Immigrant Responsibility Act of 1996"). This amendment conforms the definition to Assembly Bill No. 12 of 1996 as amended by the committee.
Other committee amendments which are technical in nature, are intended to clarify certain provisions of the bill and to conform the provisions of the bill to the committee amendments to Assembly Bill No. 13 concerning municipal welfare agencies.