senate Bill S5673

Establishes the Supplemental Nutrition Assistance Program (SNAP)

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jun / 2011
    • REFERRED TO SOCIAL SERVICES
  • 04 / Jan / 2012
    • REFERRED TO SOCIAL SERVICES
  • 18 / Apr / 2012
    • 1ST REPORT CAL.506
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 30 / Apr / 2012
    • SUBSTITUTED BY A8005

Summary

Establishes the Supplemental Nutrition Assistance Program (SNAP).

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Bill Details

See Assembly Version of this Bill:
A8005
Versions:
S5673
Legislative Cycle:
2011-2012
Law Section:
Social Services Law
Laws Affected:
Amd §95, Soc Serv L

Votes

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5
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0
Nay
0
aye with reservations
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absent
1
excused
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abstained
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excused (1)

Sponsor Memo

BILL NUMBER:S5673

TITLE OF BILL:
An act
to amend the social services law, in relation to establishment of the
supplemental nutrition assistance program (SNAP)

PURPOSE OF BILL:
To change the name of the food stamp
program to the Supplemental Nutrition Assistance Program (SNAP).

SUMMARY OF SPECIFIC PROVISIONS:
§95 of the social services law would be amended to reflect the name
change of the federal food stamp program to the Supplemental Nutrition
Assistance Program (SNAP), in every occurrence. The term food stamps
would be changed to SNAP benefits and the term Department would be
changed to Office. Subdivision 10 which expired in 2005 would be
deleted.

JUSTIFICATION:
In October of 2008, the United States
Department of Agriculture (USDA), Food and Nutrition Services, changed
the name of the federal Food Stamp Program to the Supplemental Nutrition
Assistance Program (SNAP). The name change was mandated by the Food,
Conservation and Energy Act of 2008, also known as the Farm Bill. This
national name change was implemented to better meet the needs of SNAP
recipients by providing food assistance and nutrition education to
assist participants as they move toward a healthier lifestyle.

States have been encouraged, but not required, to change their program
name to SNAP. As of March 2011, 23 states have changed their food stamp
program name to SNAP. Changing the name of New York's food stamp program
to SNAP, will promote to its recipients, messages of healthy eating,
showcase an effective, efficient and modern nutrition program and put
healthy food within reach of low income New Yorkers, especially seniors
who had much lower participation rates in the old food stamp program
because of stigma.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

REGULATION IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect 90 days after it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5673

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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:

  Section  1. Section 95 of the social services law, as added by chapter
225 of the laws of 1965, subdivisions 1, 2 and 3 as amended  by  chapter
1015  of  the  laws of 1969, subdivision 6 as added by chapter 22 of the
laws of 1983, subdivisions 7 and 8 as added by chapter 452 of  the  laws
of  1986,  subdivision  9  as  added by section 53 and subdivision 10 as
added by section 148-b of part B of chapter 436 of  the  laws  of  1997,
paragraphs  (b)  and  (k) of subdivision 10 as amended by chapter 360 of
the laws of 2003 and subdivision 11 as added by chapter 333 of the  laws
of 2002, is amended to read as follows:
  S  95.  [Food stamp] SUPPLEMENTAL NUTRITION ASSISTANCE program (SNAP).
1. (a) The [department] OFFICE is authorized to submit  [the]  ANY  plan
required by the federal [food stamp act of nineteen hundred sixty-four,]
GOVERNMENT  TO  PARTICIPATE  IN  THE  SUPPLEMENTAL  NUTRITION ASSISTANCE
PROGRAM (SNAP) to the secretary of the [federal] UNITED  STATES  depart-
ment  of agriculture for approval, and to act for the state in any nego-
tiations relative to the submission and approval of such plan,  and  may
make  such arrangements and take such action, not inconsistent with law,
as may be required to obtain and retain such approval, to implement such
plan, and to secure for the state the  benefits  available  [under  such
act].
  (b)  The [department] OFFICE is authorized to accept a designation, in
accordance with the provisions of section twenty-nine OF  THIS  CHAPTER,
under  any  other federal law which may make [food stamps] SNAP BENEFITS
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

tions  as  may  be  appropriate, permitted or required by or pursuant to
such law.
  2. The [department] OFFICE is empowered, with the consent and approval
of  the governor, to delegate or assign to any other [department] OFFICE
or agency of the state the performance of  such  function  or  functions
under  the  plan  or  designation as may be appropriate and permitted or
required by the  appropriate  federal  law  or  regulations.  Any  state
department  or  agency  is  hereby empowered and required to perform the
function or functions so delegated or assigned to it.
  3.  (a)  Each  commissioner  of  social  services  is  authorized  and
required,  in accordance with regulations of the [department] OFFICE, to
make application for inclusion of his OR HER social services district in
the federal [food stamp] SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM  plan
or  plans  and  to  assist  needy families and individuals of his OR HER
social services district to obtain nutritionally adequate diets  through
participation  in such federal [food stamp] plan or plans. However, only
those persons who qualify for [food stamps] SNAP BENEFITS in  accordance
with  federal  and  state requirements, and standards promulgated by the
[department] OFFICE, shall be certified  as  eligible  to  receive  such
[stamps] BENEFITS.
  (b)  Each  commissioner of social services is authorized and required,
subject to state and federal requirements therefor, to act on behalf  of
the [department] OFFICE and receive, store, and issue [food stamps] SNAP
BENEFITS,  either  directly,  or  with  the approval of the [department]
OFFICE, through a banking institution and/or other appropriate public or
private agency.
  (c) Each commissioner of social services shall develop and  submit  to
the  [department]  OFFICE  for its approval a plan describing his OR HER
district's operations under this section, which plan shall  accord  with
federal and state requirements.
  4. A person's need or eligibility for public assistance and care shall
not be affected by his OR HER receipt of [food stamps] SNAP BENEFITS.
  5. Any inconsistent provision of law notwithstanding, the value of any
[free  food  stamps] SNAP BENEFITS provided an eligible person shall not
be considered income or resources for any purpose, including taxation.
  6. (a) Any inconsistent provision of law notwithstanding, expenditures
made by a social services district for the purpose of certifying  eligi-
bility of needy families and individuals, including those who are not in
receipt  of public assistance and care, for [food stamps] SNAP BENEFITS,
and for distributing and  redeeming  such  [stamps]  BENEFITS  shall  be
deemed  to  be  expenditures for the administration of public assistance
and care, and shall be subject to reimbursement by the state in  accord-
ance  with  the  provisions  of  section one hundred fifty-three of this
chapter to the extent of one hundred percent in  accordance  with  para-
graph (b) of this subdivision.
  (b)  Such expenditures for [food stamp] SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM administrative costs shall be subject to  reimbursement  by
the  state  in  accordance  with  regulations  to  be promulgated by the
[department] OFFICE, which regulations shall be subject to the  approval
of  the director of the budget, shall be consistent with federal law and
regulations, and shall be based on:
  (i) an allocation of administrative costs attributable to  both  [food
stamps]  SNAP BENEFITS and [home relief] SAFETY NET ASSISTANCE to permit
maximum use of federal funds; and
  (ii) an allocation of administrative costs attributable to both  [food
stamps]  SNAP BENEFITS and [aid to dependent children] TEMPORARY ASSIST-

S. 5673                             3

ANCE FOR NEEDY FAMILIES such that only those administrative  costs  that
cannot  be allocated to [aid to dependent children] TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES are allocated to [the food stamp] SUPPLEMENTAL NUTRI-
TION  ASSISTANCE  program, provided, however, that if federal law, regu-
lations, or cost  allocation  procedures  require  those  administrative
costs  that  may  be allocated to be allocated between [aid to dependent
children] TEMPORARY ASSISTANCE FOR NEEDY FAMILIES and [food stamps] SNAP
BENEFITS, then the administrative costs so allocated  to  [food  stamps]
SNAP BENEFITS shall be reimbursed as costs of public assistance and care
in  accordance  with the provisions of paragraphs a and d of subdivision
one of section one hundred fifty-three of this chapter.
  7. When an eligible recipient under this section is issued an authori-
zation to participate in the [food stamp] SUPPLEMENTAL NUTRITION ASSIST-
ANCE program by written  or  electronic  means,  such  authorization  to
participate  may be redeemed for [food stamp program coupons] SNAP BENE-
FITS at designated redemption centers by the recipient or by an  author-
ized  representative.  When  an eligible recipient under this section is
issued [food stamp program coupons]  SNAP  BENEFITS,  such  [food  stamp
program coupons] SNAP BENEFITS may be used to purchase food items from a
food  distributor  by  the recipient or by an authorized representative.
Any other transfer or sale of authorizations  to  participate  or  [food
stamp  program  coupons]  SNAP BENEFITS shall constitute an unauthorized
use of said authorizations or [coupons] BENEFITS.  For the  purposes  of
this  subdivision, "authorized representative" shall be defined in regu-
lations promulgated by the commissioner.
  8. Except as part of a transaction pursuant to  subdivision  seven  of
this  section  or  as  necessary  for a food distributor to redeem [food
stamp program coupons] SNAP BENEFITS subsequent to such  a  transaction,
any  acquisition,  acceptance,  purchase,  possession,  sale,  transfer,
alteration or manufacture of  authorizations  to  participate  or  [food
stamp program coupons] SNAP BENEFITS, real or counterfeit, by any person
shall constitute an unauthorized use of said authorizations or [coupons]
BENEFITS. For purposes of this subdivision, the term "person" shall mean
any  individual, corporation, partnership, association, agency, or other
legal entity, or any part thereof.
  9.(a) The parent or other individual who is living with and exercising
parental control over a child under the  age  of  eighteen  who  has  an
absent parent is not eligible to participate in the [food stamp] SUPPLE-
MENTAL  NUTRITION ASSISTANCE program if such person refuses to cooperate
with the [department] OFFICE in establishing the paternity of the  child
(if  the  child is born out of wedlock) and in obtaining support for the
child or the parent (or other individual) and the child. This  paragraph
does  not  apply to the parent (or other individual) if the [department]
OFFICE determines that there is good cause for the refusal to cooperate.
  (b) A putative or identified noncustodial parent of a child under  the
age  of  eighteen  is  not  eligible  to participate in the [food stamp]
SUPPLEMENTAL NUTRITION ASSISTANCE program if such individual refuses  to
cooperate  with the [department] OFFICE in establishing the paternity of
the child (if the child is born out of wedlock) and in providing support
for the child. The use of the information  collected  pursuant  to  this
paragraph  shall be limited to the purposes for which the information is
collected and is subject to the confidentiality provisions set forth  in
section one hundred thirty-six of this chapter.
  (c)  To  the extent not inconsistent with federal law and regulations,
an individual is not eligible to participate in the [food stamp] SUPPLE-
MENTAL NUTRITION ASSISTANCE program as a member of any household if  the

S. 5673                             4

individual  is  under  court  order  to  pay child or combined child and
spousal support and has accumulated support  arrears  equivalent  to  or
greater  than  the  amount  of  current support due for a period of four
months.
  [10.  (a)  Social  services districts are authorized to operate a food
assistance program in accordance with  regulations  promulgated  by  the
office  of  temporary and disability assistance within the department of
family assistance. Social services district participation  in  the  food
assistance  program  is optional. Districts opting to participate in the
food assistance  program  shall  provide  written  notification  to  the
office.  Such written notification shall include, but not be limited to,
a statement whereby the district agrees to  operate  a  food  assistance
program  in  accordance with federal and state statutory, regulatory and
policy requirements.
  (b) In order to be eligible to receive benefits in the food assistance
program, a person must:
  (i) be otherwise fully eligible to receive federal food stamp benefits
except for the provisions of section four hundred two  of  the  Personal
Responsibility  And  Work  Opportunity  Reconciliation Act of 1996 (P.L.
104-193) as amended by the Farm Security and  Rural  Investment  Act  of
2002 (P.L. 107-171); and
  (ii)  on  August twenty-second, nineteen hundred ninety-six, have been
living in the United States; and
  (iii) (1) be identified as  a  victim  of  domestic  violence  through
procedures  outlined in section three hundred forty-nine-a of this chap-
ter or classified as  a  qualified  alien  through  application  of  the
provisions contained in subsection (c) of 8 USC S1641; or
  (2) be elderly as defined by 7 USC 2012; and
  (iv)  not have been absent from the United States for more than ninety
days within the twelve month period immediately preceding  the  date  of
application for the food assistance program; and
  (v)  apply to the United States department of justice, immigration and
naturalization services for United States citizenship. If the  applicant
for  the  food assistance program is eligible to apply for United States
citizenship, such application shall be made no later  than  thirty  days
from  the  date  of  application for the food assistance program. If the
applicant for the food assistance program is not eligible to  apply  for
United  States  citizenship  on  the  date  of  application for the food
assistance program, such application for citizenship  must  be  made  no
later  than  thirty  days after the person becomes eligible to apply for
United States citizenship in accordance with  the  requirements  of  the
United States immigration and naturalization services.
  (c)  Social  services  districts  shall be financially responsible for
fifty percent of the non-federal share of the necessary costs of operat-
ing the food assistance program, including the cost  of  purchasing  the
food  stamps  and  any other payments to the federal government required
for participating in the program. To  the  extent  that  the  office  of
temporary  and  disability  assistance makes expenditures to operate the
food assistance program on behalf of a  social  services  district,  the
participating  social  services  district shall reimburse the office for
fifty percent of the non-federal share of such costs.
  (d) Any provision of federal or state law or  regulations  imposing  a
sanction,  fine,  disqualification  or other penalty, including criminal
penalties, for any violation of such law or regulation with  respect  to
the food stamp program shall apply to the food assistance program.

S. 5673                             5

  (e) The office of temporary and disability assistance is authorized to
submit  a  plan to the federal government in accordance with federal law
(P.L. 105-18) in order to secure federal approval to  operate  the  food
assistance program in accordance with that law. Such plan shall describe
the  conditions  and  procedures under which the benefits will be issued
including eligibility standards, benefit levels, and the methodology the
office will use to determine the payments due to the federal government.
  (f) The office of temporary and disability assistance is authorized to
purchase food stamps from the federal government for  use  in  the  food
assistance  program and to make such other expenditures as are necessary
to operate the program. The office of temporary and  disability  assist-
ance may operate the food assistance program using food stamp coupons or
other  access  devices  including  an  electronic benefit transfer card,
personal identification number or debit card. To the  extent  that  such
means  of  benefit issuance is being used by participants in the federal
food stamp program in New York state.
  (g) At the time of application for the  food  assistance  program,  an
applicant  shall,  as  a condition of receiving such assistance, present
proof of identity to the social  services  official  as  the  office  of
temporary  and  disability  assistance may require by regulation and the
applicant shall provide such proof thereafter whenever required by  such
official. The commissioner of the social services district shall require
that  a  recipient  of food assistance benefits comply with the require-
ments of an automated fraud prevention system as established for recipi-
ents of public assistance and care in accordance with the provisions  of
this  chapter.  Such system shall be used to establish personally unique
identification factors to prevent fraud and  multiple  enrollments.  The
social  services  district shall be responsible for fifty percent of the
costs of establishing and operating such system in accordance with para-
graph (c) of this subdivision. Personally identifying information  about
applicants  for  and  recipients of the food assistance program obtained
through the establishment or operation of  the  system  by  the  office,
social  services districts or by a contractor shall be kept confidential
in accordance with section one hundred thirty-six of  this  chapter  and
the regulations of the office.
  (h)  Any  inconsistent  provision of law notwithstanding, in the event
the federal government assesses a penalty, sanction, or fine because  of
a  social  services district's incorrect issuance of food stamp benefits
in cases where the household consists of  both  federally  participating
food  stamp  program recipients and recipients under the food assistance
program, social services districts shall be responsible for one  hundred
percent  of  the  penalty,  sanction,  or  fine  assessed by the federal
government.
  (i) The commissioner of the office of temporary and disability assist-
ance is authorized to file regulations on an emergency  basis  that  are
deemed by the commissioner to be necessary to implement the food assist-
ance program.
  (j)  If any clause, sentence, paragraph or subdivision of this section
shall be adjudged by any court of competent jurisdiction to be  invalid,
such  judgement  shall  not  affect,  impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph or subdivision thereof directly involved in the controversy in
which such judgement shall have been rendered.
  (k) This subdivision shall be effective only when and for so  long  as
that  federal  approval,  as set forth in paragraph (e) of this subdivi-
sion, has been obtained. This subdivision shall terminate and  cease  to

S. 5673                             6

be  in  force  and effect on and after September thirtieth, two thousand
five.]
  [11]  10.  Notwithstanding any other provision of law to the contrary,
the office [of temporary and disability assistance within the department
of family assistance] shall develop a brief, simplified application form
for the [food stamp] SUPPLEMENTAL NUTRITION ASSISTANCE program only. The
office [of temporary and disability assistance] shall develop  the  form
in  consultation with food stamp outreach organizations and consider how
the form may be used to reach as many potential applicants as  possible,
especially those over sixty years of age and those who are employed.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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