[First Reprint]

SENATE, No. 957

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Senators CARDINALE and SINAGRA

An Act requiring high technology finger imaging identification of public assistance recipients, supplementing Title 30 of the Revised Statutes, supplementing and amending P.L.1947, c.156 (C.44:8-107 et seq.), and amending P.L.1983, c.85.

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

    1. (New section) The Legislature finds and declares that welfare fraud would be curtailed by establishing and implementing a high technology finger imaging identification program designed to eliminate multiple enrollments by public assistance recipients. A mandatory program of high technology finger imaging identification should generate substantial financial savings to the State.

    2. (New section) a. The Commissioner of Human Services shall establish a high technology finger imaging identification program in the Division of Family Development for the purpose of curtailing multiple enrollments by adult recipients of ¹[the aid to families with dependent children program, P.L.1959, c.86 (C.44:10-1 et seq.), and the general public assistance program P.L.1947, c.156 (C.44:8-107 et seq.)] benefits under the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.)¹.

    b. As a condition of receiving assistance under the ¹[aid to families with dependent children program and the general public assistance] Work First New Jersey¹ program, recipients shall participate in the high technology finger imaging identification program established pursuant to this act.

    c. The data collected and maintained through the use of the high technology finger imaging identification program shall be used for the sole purpose of preventing multiple enrollments in the ¹[aid to families with dependent children program and the general public assistance] Work First New Jersey ¹ program. However, nothing contained herein shall preclude the commissioner from administratively expanding this program to cover recipients of other forms of public assistance pursuant to agreements established with State or federal government.

    d. The commissioner, county welfare agencies, and director of welfare of each municipality ¹ administering benefits under the Work First New Jersey program¹ shall not use or disclose the data collected and maintained through the high technology finger imaging identification program for any purpose other than the prevention of multiple enrollments in the ¹[respective public assistance programs] Work First New Jersey program¹.

    e. The commissioner shall promulgate all necessary regulations to implement the provisions of this act, including imposing sanctions on recipients who file multiple enrollments and on persons who knowingly violate the prohibition on use or disclosure of finger imaging data, as set forth in subsection d. of this section.

    f. The commissioner shall conduct periodic audits to monitor compliance with regulations to ensure that any data collected and maintained as part of the high technology finger imaging identification program is accurate and complete and that no illegal use or disclosure of data has taken place.

    g. The commissioner shall solicit proposals and shall contract for the services of a firm which is able to design the high technology finger imaging identification program.

    ¹[3. Section 1 of P.L.1983, c.85 (C.44:10-3.1) is amended to read as follows:

    1. Each county welfare agency shall issue a photo-identification card [to] and implement the high technology finger imaging identification program, established pursuant to P.L. , c. (C.        )(pending before the Legislature as this bill), for each adult recipient of aid to families with dependent children as a condition of receiving [such] the aid.

(cf: P.L.1983, c.85, s.1)]¹

     ¹3. Section 5 of P.L.1997, c.37 (C.44:10-75) is amended to read as follows:

    5. a. The department shall implement the electronic benefit distribution system established pursuant to P.L.1985, c.501 (C.44:10-5.1 et seq.) in every county of the State.

    b. All cash assistance and food stamp benefits shall be provided through the issuance of a single benefit card utilizing the electronic benefit distribution system. The commissioner may include additional programs in this system at his discretion.

    c. No charge, including a fee imposed by a terminal owner, shall be imposed upon a person receiving cash assistance, food stamp or other benefits for participating in the electronic benefit transfer system, except as follows:

    (1) after three free cash automatic teller machine withdrawals in a month, the department may deduct a transaction fee from a recipient's account for each subsequent withdrawal;

    (2) a recipient shall be required to pay a fee for a replacement benefit card in an amount to be determined by the commissioner, which may be deducted from the recipient's account as determined by the commissioner, in accordance with federal law ; and

    (3) in the case of a recipient who elects to receive benefits at a point-of-sale location licensed by the Department of Banking and Insurance pursuant to P.L.1993, c.383 (C.17:15A-30 et seq.), the State shall pay the licensee the difference between the contracted base transaction fee and $1.00. The provisions of this paragraph shall expire two years after the effective date of the single Statewide electronic benefits distribution contract that is let pursuant to P.L.1997, c.37 (C.44:10-71 et al.) .

    d. A retail establishment currently authorized to participate in the food stamp program shall be afforded the opportunity to participate in the electronic benefit distribution system.

    e. The department shall cycle the issuance of cash assistance and food stamp benefits over multiple dates throughout the month in a manner that best serves cash assistance and food stamp recipients within the framework of the electronic benefit distribution system in each county.

    f. The commissioner shall have the discretion to determine the need for appropriate benefit card security measures, as well as whatever personal identification technology is included on the benefit card, to access cash assistance, food stamp or other benefits under the electronic benefit distribution system.

    g. A county agency shall issue a photo-identification card to each adult recipient as a condition of receiving benefits until implementation of the electronic benefit distribution system in that county agency. Once a county begins to implement the electronic benefit distribution system, the county agency shall no longer be required to issue a photo-identification card to each adult recipient but may continue the issuance of photo-identification cards separate from the benefit cards.

    A county or municipal welfare agency administering benefits under the program shall implement the high technology finger imaging identification program, established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

    h. Notwithstanding any provisions of law to the contrary, until such time as the electronic benefit distribution system is implemented Statewide, contracts for the provision of food stamp coupons are not subject to the requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). ¹

(cf: P.L.1997, c.37, s.5)

    4. (New section) As a condition of receiving ¹[public assistance] benefits under the Work First New Jersey program¹, an applicant or recipient, as the case may be, shall participate in the high technology finger imaging identification program, established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).

    5. Section 12 of P.L.1947, c.156 (C.44:8-118) is amended to read as follows:

    12. The director of welfare of each municipality shall as to such municipality:

    (a) Supervise by periodic investigation every person receiving public assistance, such investigation to be made by visitation at least once a month;

    (b) Reconsider from month to month the amount and nature of public assistance given and alter, amend or suspend the same when the circumstances so require;

    (c) Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do;

    (d) Keep full and complete records of such investigation, supervision, assistance and rehabilitation, and of all certifications of persons for employment or benefits and cancellations thereof, in such manner and form as required by the commissioner; and

    (e) Bring about appropriate action for commitment to any State or county institution when the best interests of the needy persons would be so served.

    (f) Implement the high technology finger imaging identification program established by the Commissioner of Human Services, pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).

(cf: P.L.1995, c.259, s.20)

    6. (New section) The Commissioner of Human Services shall submit to the Legislature and the Governor no later than six months after the effective date of this act, and annually thereafter, a high technology finger imaging identification program implementation report, including, but not limited to, the following information: a schedule for the implementation of the program for each county and municipality, statistical and financial information concerning effectiveness of the program in meeting its objectives, and recommendations for changes in the law or regulations governing this program that the commissioner deems necessary.

    ¹[7. (New section) Implementation of the high technology finger imaging identification program with respect to applicants for, or recipients of, benefits under the program of aid to families with dependent children shall be subject to the granting of such waivers of federal government regulations as may be necessary.]¹

    ¹[8.] 7.¹ This act shall take effect immediately.

Requires high technology finger imaging for welfare recipients.