STATE OF NEW YORK
________________________________________________________________________
6071
2015-2016 Regular Sessions
IN SENATE
October 19, 2015
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, in relation to eligibility for
SNAP benefits and specifying additional products eligible for WIC
benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 95 of the social services law is amended by adding
2 a new subdivision 11 to read as follows:
3 11. To the extent not inconsistent with federal law and regulations,
4 an individual's eligibility to participate in the supplemental nutrition
5 assistance program shall be subject to the provisions of section nine-
6 ty-five-a of this title.
7 § 2. The social services law is amended by adding a new section 95-b
8 to read as follows:
9 § 95-b. Miscellaneous requirements for applicants and for recipients
10 of public assistance. 1. Participation in employment program. (a) All
11 applicants and for recipients of public assistance shall comply in full
12 with the requirements of Part 385 of Title 18 of the New York State
13 Codes, Rules & Regulations (Public Assistance and Food Supplemental
14 Nutrition Assistance Program (SNAP) Employment Program Requirements).
15 (b) In addition to the requirements of Part 385 of Title 18 of the New
16 York State Codes, Rules & Regulations, before SNAP benefits may be
17 granted to an applicant by the department, the applicant, if job ready
18 as determined by the department, must apply in writing for three sepa-
19 rate advertised jobs and produce verifiable documentation to the depart-
20 ment of the applications. To satisfy this work search requirement, the
21 job applications may be submitted at any time from one week prior to the
22 date of the application to the department for SNAP benefits to two weeks
23 following that date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11937-01-5
S. 6071 2
1 (c) SNAP benefits under this title must be terminated by the depart-
2 ment as follows:
3 (1) for a first failure to comply with the requirements of Part 385 of
4 Title 18 of the New York State Codes, Rules & Regulations, termination
5 of benefits applies to the adult recipient;
6 (2) for a second failure to comply with the requirements of Part 385
7 of Title 18 of the New York State Codes, Rules & Regulations, termi-
8 nation of benefits applies to the adult recipient and the full family
9 unit;
10 (3) for a third and subsequent violation, termination of benefits
11 applies to the adult recipient and the full family unit for six consec-
12 utive months commencing upon termination;
13 (4) prior to the implementation of a full family unit sanction, the
14 department shall offer the adult recipient an opportunity to show for
15 good cause why the benefits should not be terminated; and
16 (5) benefits that have been terminated under this paragraph must be
17 restored once the adult recipient complies with the requirements of Part
18 385 of Title 18 of the New York State Codes, Rules & Regulations.
19 (d) (1) Prior to imposing a sanction against an individual for failure
20 to comply with with the requirements of Part 385 of Title 18 of the New
21 York State Codes, Rules & Regulations, the department shall thoroughly
22 review the circumstances of the individual and obtain supervisory
23 approval of the recommendation of the case manager to impose a sanction.
24 (2) At the time of imposing a sanction against an individual for fail-
25 ure to comply with the requirements of Part 385 of Title 18 of the New
26 York State Codes, Rules & Regulations, the department shall provide the
27 individual with a notice that states the basis for the sanction and the
28 good cause reason as for the sanction.
29 2. Unauthorized spending of SNAP benefits. (a) A recipient may not use
30 SNAP benefits payable through the electronic benefits transfer system
31 established under section twenty-one-a of this chapter to effect any
32 transaction in:
33 (1) A retail establishment where fifty percent or more of the gross
34 revenue of the establishment is derived from the sale of alcoholic
35 beverages as defined in section one of the alcoholic beverage control
36 law;
37 (2) A gambling or gaming facility subject to the provisions of the
38 racing, pari-mutuel wagering and breeding law, except that use of the
39 electronic benefits transfer system is permitted in any portion of the
40 premises of a gambling or gaming facility that is set aside separately
41 for the sale primarily of staple foods as defined in 7 United States
42 Code, Section 2012(r);
43 (3) A retail establishment that provides adult-oriented entertainment
44 in which performers disrobe or perform in an unclothed state for enter-
45 tainment; or
46 (4) A tobacco specialty store.
47 (b) SNAP benefits may not be expended on the following:
48 (1) tobacco products, as defined in section one thousand three hundred
49 ninety-nine-aa of the public health law;
50 (2) alcoholic beverages, as defined in section one of the alcoholic
51 beverage control law;
52 (3) gambling or gaming activity;
53 (4) lotteries conducted by the state;
54 (5) bail, as defined in section 520.10 of the criminal procedure law;
55 or
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1 (6) tattoo marks or figures, as defined in section four hundred sixty
2 of the public health law.
3 (c) A recipient of SNAP benefits may not access those benefits through
4 the electronic benefits transfer system established in section twenty-
5 one-a of this chapter outside of this state.
6 (d) In a monthly benefit period, a recipient of SNAP benefits may not
7 withdraw as cash an amount over fifteen percent of the recipient's
8 monthly SNAP benefits received in the recipient's electronic benefits
9 transfer system account. For purposes of this paragraph, "monthly bene-
10 fit period" means the period beginning the day the recipient receives
11 the recipient's monthly benefit and ending the day before the recipient
12 receives the next monthly benefit.
13 3. Educational or training programs. For individuals who are satisfac-
14 torily participating in an education or training program, the department
15 shall determine the acceptability of the activity for purposes of meet-
16 ing the participation requirements of the requirements of Part 385 of
17 Title 18 of the New York State Codes, Rules & Regulations using the same
18 criteria as are used for any individual in the SNAP program.
19 4. Review of disability claim. If a claim of inability to work based
20 on disability or other good cause is made by a participant, the depart-
21 ment shall assess the circumstances of the claim. If disability or other
22 good cause is found to exist, the department shall offer reasonable
23 alternative participation requirements to the extent required by federal
24 law and document them in the participant's family contract and case
25 record.
26 5. Work participation sufficiency. An enrollee must participate in a
27 combination of education, training, study or work-site experience in a
28 manner that meets federal work participation requirements in the first
29 twelve months of the program. SNAP benefits may continue beyond twelve
30 months if the enrollee remains in an educational program and meets
31 federal work participation requirements. For the purpose of this subdi-
32 vision, work-site experience includes, but is not limited to, paid
33 employment, work study, practicums, internships, clinical placements,
34 laboratory or field work directly related to the enrollee's employment
35 goal or any other work activities that, as determined by the department,
36 will enhance the enrollee's employability in the enrollee's field. In
37 the last semester of the enrollee's educational program, work-site expe-
38 rience may also include resume preparation, employment research, inter-
39 views and other activities related to job placement.
40 § 3. To the extent not inconsistent with federal law and regulations,
41 funds received through the federal Special Supplemental Nutrition
42 Program for Women, Infants, and Children (WIC) and distributed through
43 the state may be used by WIC benefit recipients to purchase fruits and
44 vegetables and pre-packaged meat or fish.
45 § 4. This act shall take effect on the thirtieth day after it shall
46 have become a law.