S06071 Summary:

BILL NOS06071
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
Amd S95, add S95-b, Soc Serv L
 
Relates to eligibility for SNAP benefits and specifies additional products eligible for WIC benefits.
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S06071 Actions:

BILL NOS06071
 
10/19/2015REFERRED TO RULES
01/06/2016REFERRED TO SOCIAL SERVICES
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S06071 Memo:

Memo not available
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S06071 Text:



 
                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

        S. 6071                             3
 
     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.
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