Bill Text: NJ A153 | 2018-2019 | Regular Session | Introduced
Bill Title: Restricts use of electronic benefit cards by cash assistance recipients.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Human Services Committee [A153 Detail]
Download: New_Jersey-2018-A153-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman HAROLD J. WIRTHS
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Restricts use of electronic benefit cards by cash assistance recipients.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the use of electronic benefit cards by cash assistance recipients and amending P.L.1997, c.37.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 federal food stamp program, or the New Jersey Supplementary Food Stamp Program established pursuant to P.L.1998, c.32 (C.44:10-79 et al.), 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.
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.).] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
i. The commissioner shall work with the New Jersey Office of Information Technology and representatives of automatic teller machine suppliers to create and implement a program or method to prevent: access to cash benefits through the electronic benefit distribution system at automatic teller machines located on the premises of a casino, adult entertainment venue, adult bookstore, or liquor store; and the use of a benefit card to make a point-of-sale purchase at those premises or to pay for a cruise at a travel agency or other venue.
(cf: P.L.1998, c.32, s.10)
2. The Commissioner of Human Services, as soon as is practicable after the date of enactment of this act, shall apply for any federal waivers that the commissioner determines are required to implement the provisions of this act.
3. 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.
4. This act shall take
effect on the first day of the seventh month next following the date of
enactment, except that section 2 of this act shall take effect immediately, but
the Commissioner of Human Services may take such anticipatory administrative
action in advance thereof as shall be necessary for the implementation of this
act.
STATEMENT
This bill is intended to restrict the use of electronic benefit cards by cash assistance recipients in those venues that do not conduce to the appropriate use of taxpayer dollars.
The bill directs the Commissioner of Human Services to work with the New Jersey Office of Information Technology and representatives of automatic teller machine suppliers to create and implement a program or method to prevent: access to cash benefits through the electronic benefit distribution system at automatic teller machines located on the premises of a casino, adult entertainment venue, adult bookstore, or liquor store; and the use of a benefit card to make a point-of-sale purchase at those premises or to pay for a cruise at a travel agency or other venue.
The commissioner, as soon as is practicable after the date of enactment of this bill, is to apply for any federal waivers that the commissioner determines are required to implement the provisions of the bill.
The bill takes take effect on the first day of the seventh month following the date of enactment, except for the provision that requires the commissioner to seek any necessary federal waivers, but the commissioner is authorized to take administrative action in advance as necessary to implement the bill.
The restrictions on access to electronic benefit cards by cash assistance recipients in certain venues as provided in this bill include certain restrictions that are currently embodied in federal law, pursuant to sections 4001 through 4005 of Pub.L.112-96, designated as the "Welfare Integrity and Data Improvement Act," enacted on February 22, 2012. Each state must comply with these federal requirements by 2014 or face a loss of federal funds for its TANF program (which is the Work First New Jersey program in this State).
