NY State Bill 2021-S9589

Archive: Last Bill Status -

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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2021-S9589 (ACTIVE) - Details

2021-S9589 (ACTIVE) - Summary

Establishes a SNAP and cash assistance fraud victims compensation fund.

2021-S9589 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9589

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the social services law and the state finance law, in
relation to establishing a SNAP and cash assistance fraud victims
compensation fund; and making an appropriation therefor

 
PURPOSE:

To establish a compensation fund for victims of SNAP fraud.

 
SUMMARY OF PROVISIONS:

Section one amends the social services law by adding section 95-b estab-
lishing the SNAP and cash assistance fraud victims compensation program
within the Office of Temporary and Disability Assistance (OTDA) which
shall provide language assistance for said agency's required application
process. This section also provides that the Inspector General, Attorney
General, and the Commissioner of OTDA shall determine what constitutes
fraud and who shall receive such benefits under this program.

Section two amends the state finance law by adding section 99-qq provid-
ing the State Comptroller and the Commissioner of OTDA with joint custo-
dy of the program funds that shall consist of monies received from
financially-related civil penalties and settlements.

Section three provides the effective date.

 
JUSTIFICATION:

SNAP theft is on the rise in New York State. It is so commonplace that
government agencies like the NYC Human Resources Administration adminis-
ter SNAP issue warnings about potential scams. These scams sometimes
include the use of card-swiping machines to steal EBT card information
which drains funds from vulnerable families depending on these benefits
to buy food. Many victims of food stamp fraud are low-income working
families, seniors, and immigrants. These exposed groups of individuals,
especially those with language barriers, have a difficult time navigat-
ing the agencies to replace the stolen funds(1).  In some instances, if
EBT theft is rightfully reported to the Human Resource Administration,
it may be passed along to the NYS Office of Temporary and Disability
Assistance (ODTA)(2). However, cases rarely get solved due to bureau-
cratic hurdles, unclear lines of responsibility, and a lack of agency
resources. This bill aims to (1) direct state resources to compensate
victims of SNAP theft, and; (2) provide an accessible and easy-to-navi-
gate process by which victims may receive those replacement funds.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Xu, A. (2022, August 11). Food stamp fraud thefts hit Sunset Park
Chinese community. Documented.
https://documentedny.com/2022/08/11/food-stamp-thefts-fraud-chinese-sune
t-park-nyc/
2 Public assistance, snap, or Medicaid fraud. Public Assistance, SNAP,
or Medicaid Fraud NYC311. (n.d.).
https://porta1.311.nyc.goviarticle/?kanumbei-KA-01611

2021-S9589 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9589
 
                             I N  S E N A T E
 
                             October 31, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the social services law and the state  finance  law,  in
   relation  to  establishing  a  SNAP  and cash assistance fraud victims
   compensation fund; and making an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 95-b to read as follows:
   § 95-B. SNAP AND CASH ASSISTANCE FRAUD VICTIMS  COMPENSATION  PROGRAM.
 1. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH AND
 MAINTAIN  A  SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION PROGRAM
 TO COMPENSATE PERSONS WHO RECEIVE BENEFITS FROM THE SUPPLEMENTAL  NUTRI-
 TION  ASSISTANCE  PROGRAM (SNAP) OR CASH ASSISTANCE PROGRAM WHO HAVE HAD
 SUCH BENEFITS STOLEN OR WHO HAVE BEEN DEFRAUDED OF SUCH BENEFITS.
   2. THE SNAP AND CASH ASSISTANCE  FRAUD  VICTIMS  COMPENSATION  PROGRAM
 SHALL HAVE AN APPLICATION PROCESS WHICH SHALL BE PROVIDED IN ENGLISH AND
 LANGUAGES  OTHER THAN ENGLISH, INCLUDING BUT NOT LIMITED TO THE TEN MOST
 COMMONLY SPOKEN LANGUAGES, ASIDE FROM ENGLISH, IN THE STATE.
   3. THE INSPECTOR GENERAL AND THE ATTORNEY GENERAL SHALL WORK WITH  THE
 COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE TO DETERMINE WHETHER
 A PERSON WHO RECEIVES BENEFITS UNDER THE SNAP OR CASH ASSISTANCE PROGRAM
 WAS  DEFRAUDED  OF  SUCH  BENEFITS  OR  IF  SUCH BENEFITS WERE OTHERWISE
 STOLEN.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION FUND.  1.
 THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF THE OFFICE OF TEMPORARY  AND  DISABILITY
 ASSISTANCE  A  FUND  TO  BE  KNOWN AS THE SNAP AND CASH ASSISTANCE FRAUD
 VICTIMS COMPENSATION FUND, HEREINAFTER REFERRED TO AS THE "FUND".
   2. MONEY ALLOCATED TO THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE
 COMMINGLED WITH ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16321-02-2

 S. 9589                             2
 
   3. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR  THE  PURPOSE
 OF  SUCH  ACCOUNT,  MONEYS  TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW,
 MONIES RECEIVED FROM CIVIL PENALTIES REGARDING THE  SUPPLEMENTAL  NUTRI-
 TION  ASSISTANCE PROGRAM, CONTRIBUTIONS CONSISTING OF PROMISES OR GRANTS
 OF  ANY  MONEY  OR  PROPERTY OF ANY KIND OR VALUE, OR ANY OTHER THING OF
 VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY OF
 GOVERNMENT AND MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR  ANY
 OTHER LAW TO BE PAID INTO OR CREDITED TO THIS ACCOUNT.
   4.  MONEY  EXPENDED  FROM  SUCH FUND SHALL BE USED CONSISTENT WITH THE
 SNAP AND CASH ASSISTANCE FRAUD VICTIMS COMPENSATION  PROGRAM  AS  ESTAB-
 LISHED UNDER SECTION NINETY-FIVE-B OF THE SOCIAL SERVICES LAW.
   § 3. The sum of one million five hundred thousand dollars ($1,500,000)
 is  hereby  appropriated  to  the SNAP and cash assistance fraud victims
 compensation fund as established pursuant to section 99-qq of the  state
 finance  law  from  the  general  fund  to the credit of the account not
 otherwise appropriated for services and expenses of the account for  the
 purposes of carrying out the provisions of this act.
   § 4. This act shall take effect immediately.

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Bill S9589

Sponsored By

Archive: Last Bill Status -

2021-S9589 (ACTIVE) - Details

2021-S9589 (ACTIVE) - Summary

2021-S9589 (ACTIVE) - Sponsor Memo

2021-S9589 (ACTIVE) - Bill Text download pdf

Comments

Bill S9589

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Sponsored By

Archive: Last Bill Status -

2021-S9589 (ACTIVE) - Details

2021-S9589 (ACTIVE) - Summary

2021-S9589 (ACTIVE) - Sponsor Memo

2021-S9589 (ACTIVE) - Bill Text download pdf

Comments