SENATE, No. 2068

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 15, 1997

 

 

By Senators BASSANO and CODEY

 

 

An Act concerning general public assistance, amending P.L.1997, c.37 and supplementing P.L.1947, c.156 (C.44:8-107 et seq.).

 

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

 

    1. Section 3 of P.L.1997, c.37 (C.44:10-73) is amended to read as follows:

    3. a. The county agency shall be responsible for implementing the Work First New Jersey program in accordance with regulations adopted by the commissioner and ensuring that all eligible persons residing in the county have access to benefits; except as otherwise provided in this subsection.

    (1) A municipality may continue to administer general public assistance for eligible single persons and couples without dependent children through the program in accordance with the provisions of P.L.1947, c.156 (C.44:8-107 et seq.), [and fund the administrative costs thereof] upon passage of a resolution. The resolution shall be passed no later than six months after the commissioner adopts regulations to effectuate these provisions. A copy of the resolution shall be filed with the Division of Local Government Services in the Department of Community Affairs within three days after its passage. The resolution shall include the reasons for the governing body's decision to administer the program.

    (2) The Division of Local Government Services in the Department of Community Affairs shall not include the municipality's general public assistance budget in its budget review and approval process.

    (3) A municipality which administers general public assistance pursuant to the provisions of paragraph (1) of this subsection and which complies with the standards of performance prescribed by the commissioner pursuant to section 2 of P.L. , c. (C. )(pending before the Legislature as this bill) shall be [responsible] reimbursed by the State for all administrative costs [of providing benefits] incurred with respect to eligible single persons and couples without dependent children. The State shall also reimburse the municipality for 100% of cash assistance benefits paid to recipients of general public assistance.

    (4) If a municipality fails to comply with the provisions of paragraph (1) of this subsection, the commissioner is authorized to require the transfer of its administration of general public assistance to the county.

    (5) If the commissioner determines by financial or performance audit that a municipality has failed to administer benefits pursuant to this subsection in accordance with standards established by regulation of the commissioner, the commissioner is authorized to: take appropriate action pursuant to section 15 of P.L.1990, c.66 (C.30:1-12.2), recoup any funds identified by that audit, and require the transfer by the municipality of its administration of general public assistance to the county.

    Prior to effecting such a transfer, the commissioner shall specify in writing to the municipality the financial or performance deficiencies determined by audit and provide the municipality with a reasonable opportunity to correct those deficiencies, in accordance with a process to be established by regulation of the commissioner. The regulations shall include, but not be limited to, the form and manner for submission of a plan of correction by the municipality which sets forth the specific activities and time periods within which the deficiencies are to be corrected. If the municipality fails to correct these deficiencies, the commissioner may proceed with the transfer.

    (6) Within 30 days after the adoption of regulations to effectuate the purposes of this section, the commissioner shall notify each municipality in writing of its option to administer general public assistance pursuant to the provisions of paragraph (1) of this subsection or transfer its administration of general public assistance to the county .

    b. (1) The administration by county agencies of the program for eligible single persons and couples without dependent children shall commence January 1, 1998, in accordance with a schedule to be determined by the commissioner for the respective geographic areas of the State; except as provided in subsection a. of this section.

    In accordance with procedures established by the commissioner, the State shall reimburse the county for 100% of the administrative costs incurred by the county agency with respect to the provision of cash assistance benefits to the eligible single adults and couples without dependent children residing in a municipality which has transferred its administration of general public administration to the county, up to the maximum amount allocated for that county by the commissioner within the limits of available funds.

    (2) With respect to a municipality which has opted to continue to administer general public assistance pursuant to the provisions of paragraph (1) of subsection a. of this section, the commissioner is authorized to: provide for the issuance of cash assistance benefits, in accordance with regulations adopted by the commissioner, by paper check, electronic benefit distribution, or other appropriate means; and to require the municipality to report information to the commissioner which the commissioner deems necessary to the proper administration of the program through electronic means, as prescribed by regulation of the commissioner.

    c. The county agency and municipal welfare agency, and any other State, local, public or private entity or person working with the department, county agency or municipal welfare agency to effectuate the purposes of this act, shall collect and provide on a timely basis to the commissioner any information requested by the commissioner on the operation and administration of the program.

    d. For the first 12 months following the enactment of P.L.1997, c.37 (C.44:10-71 et al.), a county agency shall not enter into a contract with a private nonprofit or a private for profit entity for eligibility determination functions and benefit computation services that the county agency's current employees are capable of performing.

(cf: P.L.1997, c.37, s.3)

 

    2. (New section) a. The Commissioner of Human Services, no later than the 90th day after the effective date of this act, shall adopt rules and regulations which provide for specific standards of performance with respect to the administration of general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.). Each municipal welfare agency or other agency administering general public assistance shall be required to comply with these standards, which shall be designed to ensure adequate access to services for all eligible citizens at the lowest possible cost of administration. The standards shall include, but need not be limited to, requirements for:

    (1) agency director certification pursuant to section 3 of this act;

    (2) accessibility to the public during normal business hours, with access provided for emergencies 24 hours a day, seven days a week;

    (3) the collection and transmittal of such information, including statistical reports, in an electronic format and on a timely basis to the commissioner as the commissioner may require; and

    (4) an annual review by a registered municipal auditor of each municipal welfare agency and compliance by the agency with any recommendation made by the auditor based upon that review.

    b. No later than the 30th day after the adoption of standards of performance pursuant to subsection a. of this section, the commissioner shall distribute an evaluation form to each local assistance board for the purpose of measuring its compliance with the standards. The board shall complete and return the form to the commissioner within 60 days of its receipt, and the information provided by the agency shall be certified as correct by the director of the agency administering general public assistance and the presiding officer of the board.

    c. No later than six months after the effective date of this act, the commissioner shall advise each local assistance board whether it is in compliance with the standards prescribed by the commissioner pursuant to subsection a. of this section.

    d. No later than 12 months after the effective date of this act, each municipality shall be required to provide a program of general public assistance which complies with the standards prescribed by the commissioner pursuant to subsection a. of this section, by use of the services of one or more of the following: its own municipal welfare agency, a regional agency, an agency with which the municipality contracts for this purpose, or a county agency pursuant to P.L.1997, c.37 (C.44:10-71 et seq.).

    e. The commissioner shall periodically review the performance of each municipal, regional, county or contracting agency with respect to the administration of general public assistance to determine whether it is complying with the standards of performance prescribed by the commissioner.

 

    3. (New section) Each municipal, regional, county or contracting agency which administers general public assistance shall be administered by a welfare director who has been certified in accordance with rules and regulations to be adopted by the Commissioner of Human Services no later than the 90th day after the effective date of this act, and who, notwithstanding the provisions of any statute to the contrary, shall be the general agent of the local assistance board for the administration of general public assistance. The standards for certification shall require, at a minimum, that an applicant present proof of completion of courses prescribed by the commissioner which are offered through Rutgers, The State University.

 

    4. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

 

    5. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill requires that the State reimburse a municipality which administers its own general public assistance (GA) program under the Work First New Jersey program, rather than transfer its GA program to the county pursuant to P.L.1997, c.37 (C.44:10-71 et seq.), for the administrative costs of operating the program, if the municipality complies with the standards of performance adopted by the Commissioner of Human Services pursuant to this bill.

    The bill provides for the adoption by the Commissioner of Human Services of specific standards of performance with respect to the administration of the GA program, with which each agency administering the program shall be required to comply. The bill further requires that each agency which administers the program be administered by a welfare director who has been certified in accordance with rules and regulations to be adopted by the commissioner.

 

 

                             

Requires State to pay administrative costs of general public assistance provided by municipalities and requires Commissioner of Human Services to develop and implement performance standards for administration of general public assistance.