STATE OF NEW YORK
________________________________________________________________________
5673
2011-2012 Regular Sessions
IN SENATE
June 9, 2011
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to establishment of
the supplemental nutrition assistance program (SNAP)
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, as added by chapter
2 225 of the laws of 1965, subdivisions 1, 2 and 3 as amended by chapter
3 1015 of the laws of 1969, subdivision 6 as added by chapter 22 of the
4 laws of 1983, subdivisions 7 and 8 as added by chapter 452 of the laws
5 of 1986, subdivision 9 as added by section 53 and subdivision 10 as
6 added by section 148-b of part B of chapter 436 of the laws of 1997,
7 paragraphs (b) and (k) of subdivision 10 as amended by chapter 360 of
8 the laws of 2003 and subdivision 11 as added by chapter 333 of the laws
9 of 2002, is amended to read as follows:
10 § 95. [Food stamp] Supplemental nutrition assistance program (SNAP).
11 1. (a) The [department] office is authorized to submit [the] any plan
12 required by the federal [food stamp act of nineteen hundred sixty-four,]
13 government to participate in the supplemental nutrition assistance
14 program (SNAP) to the secretary of the [federal] United States depart-
15 ment of agriculture for approval, and to act for the state in any nego-
16 tiations relative to the submission and approval of such plan, and may
17 make such arrangements and take such action, not inconsistent with law,
18 as may be required to obtain and retain such approval, to implement such
19 plan, and to secure for the state the benefits available [under such
20 act].
21 (b) The [department] office is authorized to accept a designation, in
22 accordance with the provisions of section twenty-nine of this chapter,
23 under any other federal law which may make [food stamps] SNAP benefits
24 available for needy families and individuals, and to perform such func-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10821-03-1
S. 5673 2
1 tions as may be appropriate, permitted or required by or pursuant to
2 such law.
3 2. The [department] office is empowered, with the consent and approval
4 of the governor, to delegate or assign to any other [department] office
5 or agency of the state the performance of such function or functions
6 under the plan or designation as may be appropriate and permitted or
7 required by the appropriate federal law or regulations. Any state
8 department or agency is hereby empowered and required to perform the
9 function or functions so delegated or assigned to it.
10 3. (a) Each commissioner of social services is authorized and
11 required, in accordance with regulations of the [department] office, to
12 make application for inclusion of his or her social services district in
13 the federal [food stamp] supplemental nutrition assistance program plan
14 or plans and to assist needy families and individuals of his or her
15 social services district to obtain nutritionally adequate diets through
16 participation in such federal [food stamp] plan or plans. However, only
17 those persons who qualify for [food stamps] SNAP benefits in accordance
18 with federal and state requirements, and standards promulgated by the
19 [department] office, shall be certified as eligible to receive such
20 [stamps] benefits.
21 (b) Each commissioner of social services is authorized and required,
22 subject to state and federal requirements therefor, to act on behalf of
23 the [department] office and receive, store, and issue [food stamps] SNAP
24 benefits, either directly, or with the approval of the [department]
25 office, through a banking institution and/or other appropriate public or
26 private agency.
27 (c) Each commissioner of social services shall develop and submit to
28 the [department] office for its approval a plan describing his or her
29 district's operations under this section, which plan shall accord with
30 federal and state requirements.
31 4. A person's need or eligibility for public assistance and care shall
32 not be affected by his or her receipt of [food stamps] SNAP benefits.
33 5. Any inconsistent provision of law notwithstanding, the value of any
34 [free food stamps] SNAP benefits provided an eligible person shall not
35 be considered income or resources for any purpose, including taxation.
36 6. (a) Any inconsistent provision of law notwithstanding, expenditures
37 made by a social services district for the purpose of certifying eligi-
38 bility of needy families and individuals, including those who are not in
39 receipt of public assistance and care, for [food stamps] SNAP benefits,
40 and for distributing and redeeming such [stamps] benefits shall be
41 deemed to be expenditures for the administration of public assistance
42 and care, and shall be subject to reimbursement by the state in accord-
43 ance with the provisions of section one hundred fifty-three of this
44 chapter to the extent of one hundred percent in accordance with para-
45 graph (b) of this subdivision.
46 (b) Such expenditures for [food stamp] supplemental nutrition assist-
47 ance program administrative costs shall be subject to reimbursement by
48 the state in accordance with regulations to be promulgated by the
49 [department] office, which regulations shall be subject to the approval
50 of the director of the budget, shall be consistent with federal law and
51 regulations, and shall be based on:
52 (i) an allocation of administrative costs attributable to both [food
53 stamps] SNAP benefits and [home relief] safety net assistance to permit
54 maximum use of federal funds; and
55 (ii) an allocation of administrative costs attributable to both [food
56 stamps] SNAP benefits and [aid to dependent children] temporary assist-
S. 5673 3
1 ance for needy families such that only those administrative costs that
2 cannot be allocated to [aid to dependent children] temporary assistance
3 for needy families are allocated to [the food stamp] supplemental nutri-
4 tion assistance program, provided, however, that if federal law, regu-
5 lations, or cost allocation procedures require those administrative
6 costs that may be allocated to be allocated between [aid to dependent
7 children] temporary assistance for needy families and [food stamps] SNAP
8 benefits, then the administrative costs so allocated to [food stamps]
9 SNAP benefits shall be reimbursed as costs of public assistance and care
10 in accordance with the provisions of paragraphs a and d of subdivision
11 one of section one hundred fifty-three of this chapter.
12 7. When an eligible recipient under this section is issued an authori-
13 zation to participate in the [food stamp] supplemental nutrition assist-
14 ance program by written or electronic means, such authorization to
15 participate may be redeemed for [food stamp program coupons] SNAP bene-
16 fits at designated redemption centers by the recipient or by an author-
17 ized representative. When an eligible recipient under this section is
18 issued [food stamp program coupons] SNAP benefits, such [food stamp
19 program coupons] SNAP benefits may be used to purchase food items from a
20 food distributor by the recipient or by an authorized representative.
21 Any other transfer or sale of authorizations to participate or [food
22 stamp program coupons] SNAP benefits shall constitute an unauthorized
23 use of said authorizations or [coupons] benefits. For the purposes of
24 this subdivision, "authorized representative" shall be defined in regu-
25 lations promulgated by the commissioner.
26 8. Except as part of a transaction pursuant to subdivision seven of
27 this section or as necessary for a food distributor to redeem [food
28 stamp program coupons] SNAP benefits subsequent to such a transaction,
29 any acquisition, acceptance, purchase, possession, sale, transfer,
30 alteration or manufacture of authorizations to participate or [food
31 stamp program coupons] SNAP benefits, real or counterfeit, by any person
32 shall constitute an unauthorized use of said authorizations or [coupons]
33 benefits. For purposes of this subdivision, the term "person" shall mean
34 any individual, corporation, partnership, association, agency, or other
35 legal entity, or any part thereof.
36 9.(a) The parent or other individual who is living with and exercising
37 parental control over a child under the age of eighteen who has an
38 absent parent is not eligible to participate in the [food stamp] supple-
39 mental nutrition assistance program if such person refuses to cooperate
40 with the [department] office in establishing the paternity of the child
41 (if the child is born out of wedlock) and in obtaining support for the
42 child or the parent (or other individual) and the child. This paragraph
43 does not apply to the parent (or other individual) if the [department]
44 office determines that there is good cause for the refusal to cooperate.
45 (b) A putative or identified noncustodial parent of a child under the
46 age of eighteen is not eligible to participate in the [food stamp]
47 supplemental nutrition assistance program if such individual refuses to
48 cooperate with the [department] office in establishing the paternity of
49 the child (if the child is born out of wedlock) and in providing support
50 for the child. The use of the information collected pursuant to this
51 paragraph shall be limited to the purposes for which the information is
52 collected and is subject to the confidentiality provisions set forth in
53 section one hundred thirty-six of this chapter.
54 (c) To the extent not inconsistent with federal law and regulations,
55 an individual is not eligible to participate in the [food stamp] supple-
56 mental nutrition assistance program as a member of any household if the
S. 5673 4
1 individual is under court order to pay child or combined child and
2 spousal support and has accumulated support arrears equivalent to or
3 greater than the amount of current support due for a period of four
4 months.
5 [10. (a) Social services districts are authorized to operate a food
6 assistance program in accordance with regulations promulgated by the
7 office of temporary and disability assistance within the department of
8 family assistance. Social services district participation in the food
9 assistance program is optional. Districts opting to participate in the
10 food assistance program shall provide written notification to the
11 office. Such written notification shall include, but not be limited to,
12 a statement whereby the district agrees to operate a food assistance
13 program in accordance with federal and state statutory, regulatory and
14 policy requirements.
15 (b) In order to be eligible to receive benefits in the food assistance
16 program, a person must:
17 (i) be otherwise fully eligible to receive federal food stamp benefits
18 except for the provisions of section four hundred two of the Personal
19 Responsibility And Work Opportunity Reconciliation Act of 1996 (P.L.
20 104-193) as amended by the Farm Security and Rural Investment Act of
21 2002 (P.L. 107-171); and
22 (ii) on August twenty-second, nineteen hundred ninety-six, have been
23 living in the United States; and
24 (iii) (1) be identified as a victim of domestic violence through
25 procedures outlined in section three hundred forty-nine-a of this chap-
26 ter or classified as a qualified alien through application of the
27 provisions contained in subsection (c) of 8 USC §1641; or
28 (2) be elderly as defined by 7 USC 2012; and
29 (iv) not have been absent from the United States for more than ninety
30 days within the twelve month period immediately preceding the date of
31 application for the food assistance program; and
32 (v) apply to the United States department of justice, immigration and
33 naturalization services for United States citizenship. If the applicant
34 for the food assistance program is eligible to apply for United States
35 citizenship, such application shall be made no later than thirty days
36 from the date of application for the food assistance program. If the
37 applicant for the food assistance program is not eligible to apply for
38 United States citizenship on the date of application for the food
39 assistance program, such application for citizenship must be made no
40 later than thirty days after the person becomes eligible to apply for
41 United States citizenship in accordance with the requirements of the
42 United States immigration and naturalization services.
43 (c) Social services districts shall be financially responsible for
44 fifty percent of the non-federal share of the necessary costs of operat-
45 ing the food assistance program, including the cost of purchasing the
46 food stamps and any other payments to the federal government required
47 for participating in the program. To the extent that the office of
48 temporary and disability assistance makes expenditures to operate the
49 food assistance program on behalf of a social services district, the
50 participating social services district shall reimburse the office for
51 fifty percent of the non-federal share of such costs.
52 (d) Any provision of federal or state law or regulations imposing a
53 sanction, fine, disqualification or other penalty, including criminal
54 penalties, for any violation of such law or regulation with respect to
55 the food stamp program shall apply to the food assistance program.
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1 (e) The office of temporary and disability assistance is authorized to
2 submit a plan to the federal government in accordance with federal law
3 (P.L. 105-18) in order to secure federal approval to operate the food
4 assistance program in accordance with that law. Such plan shall describe
5 the conditions and procedures under which the benefits will be issued
6 including eligibility standards, benefit levels, and the methodology the
7 office will use to determine the payments due to the federal government.
8 (f) The office of temporary and disability assistance is authorized to
9 purchase food stamps from the federal government for use in the food
10 assistance program and to make such other expenditures as are necessary
11 to operate the program. The office of temporary and disability assist-
12 ance may operate the food assistance program using food stamp coupons or
13 other access devices including an electronic benefit transfer card,
14 personal identification number or debit card. To the extent that such
15 means of benefit issuance is being used by participants in the federal
16 food stamp program in New York state.
17 (g) At the time of application for the food assistance program, an
18 applicant shall, as a condition of receiving such assistance, present
19 proof of identity to the social services official as the office of
20 temporary and disability assistance may require by regulation and the
21 applicant shall provide such proof thereafter whenever required by such
22 official. The commissioner of the social services district shall require
23 that a recipient of food assistance benefits comply with the require-
24 ments of an automated fraud prevention system as established for recipi-
25 ents of public assistance and care in accordance with the provisions of
26 this chapter. Such system shall be used to establish personally unique
27 identification factors to prevent fraud and multiple enrollments. The
28 social services district shall be responsible for fifty percent of the
29 costs of establishing and operating such system in accordance with para-
30 graph (c) of this subdivision. Personally identifying information about
31 applicants for and recipients of the food assistance program obtained
32 through the establishment or operation of the system by the office,
33 social services districts or by a contractor shall be kept confidential
34 in accordance with section one hundred thirty-six of this chapter and
35 the regulations of the office.
36 (h) Any inconsistent provision of law notwithstanding, in the event
37 the federal government assesses a penalty, sanction, or fine because of
38 a social services district's incorrect issuance of food stamp benefits
39 in cases where the household consists of both federally participating
40 food stamp program recipients and recipients under the food assistance
41 program, social services districts shall be responsible for one hundred
42 percent of the penalty, sanction, or fine assessed by the federal
43 government.
44 (i) The commissioner of the office of temporary and disability assist-
45 ance is authorized to file regulations on an emergency basis that are
46 deemed by the commissioner to be necessary to implement the food assist-
47 ance program.
48 (j) If any clause, sentence, paragraph or subdivision of this section
49 shall be adjudged by any court of competent jurisdiction to be invalid,
50 such judgement shall not affect, impair or invalidate the remainder
51 thereof, but shall be confined in its operation to the clause, sentence,
52 paragraph or subdivision thereof directly involved in the controversy in
53 which such judgement shall have been rendered.
54 (k) This subdivision shall be effective only when and for so long as
55 that federal approval, as set forth in paragraph (e) of this subdivi-
56 sion, has been obtained. This subdivision shall terminate and cease to
S. 5673 6
1 be in force and effect on and after September thirtieth, two thousand
2 five.]
3 [11] 10. Notwithstanding any other provision of law to the contrary,
4 the office [of temporary and disability assistance within the department
5 of family assistance] shall develop a brief, simplified application form
6 for the [food stamp] supplemental nutrition assistance program only. The
7 office [of temporary and disability assistance] shall develop the form
8 in consultation with food stamp outreach organizations and consider how
9 the form may be used to reach as many potential applicants as possible,
10 especially those over sixty years of age and those who are employed.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.
