Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


March 1, 2021


The Honorable Richard Hilderbrand, Chairperson
Senate Committee on Public Health and Welfare
Statehouse, Room 445A-S
Topeka, Kansas 66612
Dear Senator Hilderbrand:
SUBJECT: Fiscal Note for SB 239 by Senate Committee on Public Health and Welfare
In accordance with KSA 75-3715a, the following fiscal note concerning SB 239 is
respectfully submitted to your committee.
SB 239 would amend language related to requesting or implementing a waiver or program
related to eligibility for food assistance. The current language prohibits the Secretary of the
Department for Children and Families (DCF) from requesting any waiver or change to eligibility
for able-bodied adults aged 18 to 49 without a dependent in the home. The bill would permit the
Secretary to request a waiver if it can be established there are insufficient jobs to employ these
individuals using criteria which is not less restrictive than federal laws and requirements. These
waivers or programs would be time limited.
Currently, federal law limits the time able-bodied adults without dependents, who are not
meeting work requirements, are permitted to draw food assistance benefits to three months in a
36-month period. To continue to receive benefits, participants must be part of a federally approved
work program or equivalent for at least 20 hours per week.
To request a waiver under federal requirements, the Kansas unemployment rate would have
to be at or above 10.0 percent for 12 months or 20.0 percent higher than the national unemployment
average for 24 months. Federal rules require states to request waivers specific to the various labor
markets within the state and not the state as a whole. SB 239 would permit the Secretary to request
waivers or establish time limited programs when federal criteria are met.
The Honorable Richard Hilderbrand, Chairperson
Page 2—SB 239

DCF indicates that if a waiver were requested and approved, the food assistance benefits
paid to these individuals would be 100.0 federally funded and would be passed through the agency
directly to the beneficiary. The only possible fiscal effect would be to staffing needs, but DCF
indicates that any additional cases created because of an approved waiver would be absorbed
within current staffing. Any fiscal effect associated with SB 239 is not reflected in The FY 2022
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Kim Holter, Children & Families


Statutes affected:
As introduced: 39-709, 21-5701