Senate Bill S2082

                                 BILL NUMBER:  S2082

 TITLE OF BILL :

An act to amend the social services law, in relation to certain time
periods in the safety net program

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to reduce state and local public
assistance costs by permitting public assistance recipients, if
otherwise eligible, to receive assistance funded by the federal
Temporary Assistance to Needy Families (TANF) block grant for the full
60-month time limit authorized by federal law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill would provide that any month in which an
individual receives cash assistance in the Safety Net Assistance (SNA)
program would not count toward the federal 60-month cumulative time
limit on the receipt of federally funded assistance. It would ensure,
however, that any time spent in receipt of cash SNA that was funded in
part or in whole by TANF block grant would count toward the 60-month
federal limit.

Section 2 provides for an effective date 180 days following enactment;
              

provided however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for implementation
of the bill is authorized.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would amend §350(2)(a)(iii) of the Social Services Law.

 JUSTIFICATION :

On August 22, 1997, New York State's Welfare Reform Act of 1997 (WRA)
was signed into law. It represented the State's response to federal
welfare reform and a substantial reshaping of New York's public
assistance programs. Under the new statute, the State's Aid to
Families with Dependent Children (AFDC) program was replaced with the
federally-funded Family Assistance (FA) program. Because 50% of the
costs of the FA program are federally funded, with the State and
localities equally sharing the remaining costs, numerous provisions of
this programs are dictated by federal law. As such, nearly every FA
recipient is restricted to a 60-month lifetime limit on the receipt of
benefits.

Article XVII of New York State's Constitution requires the State to
provide for the aid, care, and support of the needy. In order to
comply with this mandate, the State must continue to provide for those
individuals who are ineligible for TANF-funded assistance or who have
exhausted the time limit on receipt of federal benefits. The Welfare
Reform Act addressed this requirement through the authorization of the
Safety Net Assistance (SNA) program, which incorporates end expands
the provisions of the former Home Relief (HR) program. The costs of
the SNA program are shared equally between the State and the
localities. In shaping the SNA program, the State enacted provisions
that partially modeled federal law. Recipients are eligible for a
lifetime limit of 24 months of cash Safety Net assistance. After that
period is exhausted if otherwise eligible, individuals may receive
non-cash assistance. Despite this statutory construct, almost all SNA
recipients receive assistance in a similar manner, regardless of
whether they are receiving cash or non-cash SNA.


In addition to the State-imposed 24-month limit on receipt of cash
SNA, New York enacted another time limit not required by federal law.
§350(2)(a)(iii) of the Social Services law provides that any month in
which an individual receives cash assistance in the SNA program must
count against the federal 60-month limit. This time limit actually
prevents the State from utilizing federal funds to offset the cost of
providing assistance to eligible individuals. For example, couples
without children currently receive assistance through the SNA program.
If a couple has a child at some point in the future, the household, if
otherwise eligible, would receive TANF-funded assistance. However,
current statute provides that up to 24 months in which the couple
received cash SNA would count toward the federal time limit.
Therefore, instead of receiving up to 60 months of federal assistance,
the couple could only receive 36 months of FA. After exhausting the
36-month time period, if the couple remained eligible for assistance,
they would be returned to the state and locally funded SNA program.

The state Constitution requires the State to provide care to the
needy.  In these difficult fiscal times, it is illogical not to
maximize use of federal funding. Enacting this legislation would
provide a rational step toward alleviating the fiscal burdens on the
state and local governments while ensuring that we continue to meet
our Constitutional mandate.

 PRIOR LEGISLATIVE HISTORY :

2007-2008 - A.2971 (Previously Luis Diaz)
02/26/08 - Passed Assembly
02/26/08 - Delivered to Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Undetermined savings to the state and local governments.

 EFFECTIVE DATE :
180 days.