BILL NUMBER:S1626

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, chat any time spent in receipt of cash SNA that was
funded in part or in whole by TANS 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:
2011-12: S.1090 - Referred to Children & Families
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.