SENATE, No. 684

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator RICE

An Act concerning certain recipients of aid to families with dependent children and public assistance benefits and supplementing Title 44 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act:

    "Commissioner" means the Commissioner of Human Services.

    "Family Development Initiative" means the program established pursuant to P.L.1991, c.523 (C.44:10-19 et seq.).

    "Recipient" means a recipient of aid to families with dependent children assistance, or AFDC, under P.L.1959, c.86 (C.44:10-1 et seq.) or public assistance under P.L.1947, c.156 (C.44:8-107 et seq.).

    2. a. The commissioner shall establish a mandatory community service pilot project for able-bodied recipients in a county of the first class, to be selected by the commissioner.

    b. Every able-bodied recipient residing in that county, who is participating, or is required to participate, in the Family Development Initiative in accordance with the provisions of P.L.1991, c.523 (C.44:10-19 et seq.), shall be required to participate in the community service pilot project for a period of six months; except that a recipient is exempted from this requirement if he is enrolled in a job training or education program or is employed part-time on the effective date of this act, or if he secures full-time employment during the six-month period of required community service.

    c. The commissioner shall establish eligibility and participation requirements for the community service pilot project.

    d. A recipient participating in the community service pilot project shall be assigned to work as a volunteer for a public agency or a private nonprofit agency or organization for a period of 20 hours a week.

    e. The Family Development Initiative, in accordance with the provisions of section 7 of P.L.1991, c.523 (C.44:10-25), shall ensure the provision of necessary supportive services to a participant in the community service pilot project.

    f. An able-bodied recipient who without good cause, as determined by the commissioner, fails to comply with the provisions of this act is subject to a penalty to be determined by the commissioner, which may include the denial, reduction or termination of aid to families with dependent children or public assistance benefits, as appropriate. The commissioner shall provide for an appropriate right of appeal under those circumstances.

    3. a. The commissioner shall report to the Governor and the Legislature no later than two years after the effective date of this act on the results of the community service pilot project, and shall include in that report any recommendations that he may wish to make with regard to expansion of the pilot project to include other counties or establishment of a Statewide community service requirement as part of the Family Development Initiative.

    b. The commissioner shall arrange for an independent evaluation of the community service pilot project and shall include the results of that evaluation in the report submitted pursuant to subsection a. of this section.

    4. A person who would become ineligible for financial assistance under AFDC, due to earnings from, or increased hours of, employment, or receipt of benefits under the "unemployment compensation law," R.S.43:21-1 et seq., or the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), is eligible to continue receiving financial assistance under AFDC for a period of 12 consecutive months, commencing with the month in which the person's income exceeds the AFDC income eligibility standard, if the person:

    a. Received financial assistance under AFDC for three of the last six months prior to the person's becoming ineligible for the assistance, except in the case of a person who becomes eligible for AFDC benefits on or after the effective date of this act;

    b. Has an income, excluding any monies or noncash benefits which are not counted as income in the determination of financial eligibility for financial assistance under AFDC, that does not exceed 150% of the official poverty level, adjusted for family size, established pursuant to section 673 (2) of Subtitle B, the "Community Services Block Grant Act," of Pub.L.97-35 (42 U.S.C. § 9902 (2)); and

    c. Would be eligible for financial assistance under AFDC, except for the person's income, resources or hours of employment.

    The person shall be eligible to receive financial assistance in an amount up to 100% of the monthly AFDC grant according to a sliding schedule of income disregards established by the commissioner.

    5. The commissioner shall apply for a waiver of federal regulations to provide for federal financial participation in the provision of financial assistance under AFDC pursuant to this act.

    6. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of this act.

    7. This act shall take effect immediately, except that it shall remain inoperative until the State receives approval for all necessary federal waivers and sections 2 and 3 of this act shall take effect on the 60th day after enactment and shall expire two years after the effective date.

STATEMENT

    This bill establishes a mandatory community service pilot project for able-bodied recipients of aid to families with dependent children (AFDC) assistance under P.L.1959, c.86 (C.44:10-1 et seq.) in a county of the first class.

    The Commissioner of Human Services is required to report to the Governor and the Legislature no later than two years after the effective date of this act on the results of the community service pilot project, and shall include in that report any recommendations that he may wish to make with regard to expansion of the community service program to include other counties.

    This pilot project borrows the concept of providing pre-employment preparation for AFDC recipients through mandatory community work experience from programs which have been implemented in West Virginia, San Diego, Pennsylvania and the California GAIN program. This pilot project will test the efficacy of this concept in New Jersey and the feasibility of incorporating it into the Family Development Initiative established pursuant to P.L.1991, c.523 (C.44:10-19 et seq.).

    A mandatory community service requirement for AFDC recipients would make fair work a central part of the welfare system so that recipients can preserve their dignity while contributing to society. This requirement would enable recipients to return to the community some of the benefits that they have received while obtaining valuable work experience, and developing appropriate work habits and attitudes, that will facilitate their subsequent efforts to secure permanent unsubsidized employment.

    In addition, this bill provides for a one-year extension of AFDC benefits to an employed AFDC recipient whose gross annual income does not exceed 150% of the official federal poverty level, adjusted for family size, who would be eligible for AFDC benefits except for the person's income from employment or receipt of unemployment or temporary disability benefits. The recipient would be eligible to receive financial assistance in an amount up to 50% of the monthly AFDC grant according to a sliding schedule of income disregards established by the Commissioner of Human Services.

    Based on 1995 poverty level guidelines, this bill would provide extended AFDC benefits for a family of two whose income does not exceed $15,045, $18,885 for a family of three, $22,725 for a family of four, and $26,565 for a family of five, excluding the value of any types of money or noncash benefits which are not counted in the determination of financial eligibility for financial assistance under AFDC or general assistance

Establishes mandatory community service pilot project for AFDC and GA recipients and extends AFDC eligibility for one year for certain employed persons.