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-
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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.
