Bill Text: NJ S2189 | 2020-2021 | Regular Session | Introduced
Bill Title: Transfers authority over special nutrition assistance programs from DOH to DHS.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2189 Detail]
Download: New_Jersey-2020-S2189-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Transfers authority over special nutrition assistance programs from DOH to DHS.
CURRENT VERSION OF TEXT
As introduced.
An Act transferring authority over special nutrition assistance programs from the Department of Health to the Department of Human Services, and supplementing Title 44 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "special nutrition assistance program" means the "Special Supplemental Nutrition Program for Women, Infants, and Children" (WIC Program), established pursuant to section 17 of the "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1786); the "WIC Farmers' Market Nutrition Program," established pursuant to the federal "WIC Farmers' Market Nutrition Act of 1992," Pub.L.102-314 (42 U.S.C. s.1786(m)); the "Senior Farmers' Market Nutrition Program," established pursuant to Pub.L.107-171 (7 U.S.C. s.3007); and the "Commodity Supplemental Food Program," established pursuant to sections 4 and 5 of the federal "Agriculture and Consumer Protection Act of 1973," Pub.L.93-86 (7 U.S.C. s.612c note).
b. Notwithstanding any other law or regulation to the contrary, all special nutrition assistance programs operating in the State shall be administered and enforced by the Department of Human Services.
c. All of the functions, powers, and duties heretofore exercised by the Department and Commissioner of Health with respect to the administration or enforcement of special nutrition assistance programs in the State, including, without limitation, those functions, powers, and duties derived from 7 U.S.C. s.3007, 42 U.S.C. s.1786, 7 U.S.C. s.612c note, and any amendments or supplements thereto, are hereby transferred to, and vested in, the Department and Commissioner of Human Services.
d. All appropriations, grants, and other moneys that are currently available, or that are to be made available, to the Department of Health for the purposes of administering or enforcing any special nutrition assistance program, including, but not limited to, any moneys available from the "Supplemental Nutrition Assistance Contingency Fund," established pursuant to P.L.1987, c.261 (C.26:1A-36.1 et seq.), are hereby transferred to the Department of Human Services. Such moneys shall be used by the Department of Human Services for the objects and purposes specified in the grant, appropriation, or other award, subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.
e. All files, books, papers, records, equipment, and other property used by the Department of Health for the primary purpose of administering and enforcing a special nutrition assistance program shall, upon the effective date of this section, be transferred to the Department of Human Services.
f. Whenever, in any law, rule, regulation, contract, order, reorganization plan, document, judicial or administrative proceeding, or otherwise, reference is made to the Special Supplemental Nutrition Program for Women, Infants, and Children, (WIC program), the WIC Farmers' Market Nutrition Program, the Senior Farmers' Market Nutrition Program, or the Commodity Supplemental Food Program, the same shall be deemed to mean and refer to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program), the WIC Farmers' Market Nutrition Program, the Senior Farmers' Market Nutrition Program, or the Commodity Supplemental Food Program, as the case may be, which is administered and enforced by the Department of Human Services, as provided by this section.
g. The transfer of authority under this section shall not affect any order, rule, or regulation made or promulgated by the Department of Health prior to the effective date of the transfer, and any such orders, rules, and regulations shall continue with full force and effect until amended or repealed pursuant to law.
h. The transfer of authority under this section shall not affect any civil or criminal actions or proceedings that have been brought by or against the Department of Health in association with its administration and enforcement of a special nutrition assistance program, and which are pending as of the effective date of this section; nor shall the transfer affect any order or recommendation that has been made by, or any other matters or administrative proceedings that are pending before, the Department of Health as of the effective date of this section.
2. This act shall take effect on the first day of the third month next following the date of enactment, except that the Commissioners of Health and Human Services shall take any anticipatory administrative action, in advance thereof, as may be necessary for the implementation of this act.
STATEMENT
This bill would transfer authority over all special nutrition assistance programs in the State from the Department of Health (DOH) to the Department of Human Services (DHS). A "special nutrition assistance program" is defined to include the "Special Supplemental Nutrition Program for Women, Infants, and Children" (otherwise known as the WIC program), which provides nutrition assistance to low-income pregnant and lactating women, and to infants and children under five years of age, who are determined to be at nutritional risk; the "WIC Farmers' Market Nutrition Program," which provides recipients of WIC program benefits with coupons that may be exchanged for fresh, nutritious, unprepared foods at farmers' markets and road stands; the "Senior Farmers' Market Nutrition Program," which provides low-income seniors with coupons that may be exchanged for fresh, nutritious, unprepared foods at farmers' markets, roadside stands, and community-supported agriculture programs; and the "Commodity Supplemental Food Program," which provides diverted food in commodities boxes to low-income seniors.
Although the DOH currently has authority to administer and enforce all of these special nutrition assistance programs, this authority is anomalous, given the fact that it is the DHS, and not the DOH, that is the agency with the authority to administer all other public benefits programs in the State, including the Supplemental Nutrition Assistance Program (SNAP; previously known as the Food Stamp Program), the WorkFirstNJ program, Medicaid, and NJ FamilyCare. The transfer of special nutrition assistance programs to DHS, therefore, will centralize the administration of public benefits in the State by ensuring that all public benefits programs are overseen by a single State agency. In so doing, this transfer will increase efficiency in the administration of public benefits programs and make it easier for consumers to find information on, and make use of, these programs.
