Provides that the time period in which an adult receives cash assistance in the safety net assistance program that was not funded in whole or in part by the temporary assistance to needy families block grant program shall not be included in certain cumulative periods.

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S1090-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

S1090-2011 Memo

BILL NUMBER:S1090

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:

2009-10:  S.2082/A.6812 - Passed both Houses, Veto Memo 6776
2007-08:  A.2971

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined savings to the state and local governments.

EFFECTIVE DATE:

180 days.

S1090-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1090

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 5, 2011
                                 ___________

  Introduced  by  Sens.  PARKER,  ADAMS, KRUGER, PERKINS, SQUADRON -- read
    twice and ordered printed, and when printed to  be  committed  to  the
    Committee on Children and Families

  AN  ACT  to  amend  the social services law, in relation to certain time
    periods in the safety net program

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 2 of
  section 350 of the social services law, as amended by chapter 214 of the
  laws of 1998, is amended to read as follows:

    (iii) [provided that] periods in which an adult receives cash  assist-
  ance  in  the safety net assistance program THAT WAS NOT FUNDED IN WHOLE
  OR IN PART BY THE TEMPORARY ASSISTANCE TO  NEEDY  FAMILIES  BLOCK  GRANT
  PROGRAM  shall  NOT  be included in the cumulative period referred to in
  this paragraph [regardless of whether such assistance]. PROVIDED, HOWEV-
  ER, THAT PERIODS IN WHICH AN ADULT RECEIVES CASH ASSISTANCE IN THE SAFE-
  TY NET ASSISTANCE PROGRAM THAT was funded in whole or  in  part  by  the
  temporary  assistance  to  needy  families  block grant program SHALL BE
  INCLUDED IN THE CUMULATIVE PERIOD REFERRED TO IN THIS PARAGRAPH;
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become law  and  shall  apply  to  grants  and  assistance
  provided  on and after such date; provided however, that effective imme-
  diately, the addition, amendment and/or repeal of any rule or regulation
  necessary for the implementation of this act on its  effective  date  is
  authorized  and  directed  to  be  made  and completed on or before such
  effective date.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01329-01-1