NY State Senate Bill 2015-S6071

Senate Bill S6071

2015-2016 Legislative Session

Relates to eligibility for SNAP benefits and specifies additional products eligible for WIC benefits

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to social services
Oct 19, 2015	referred to rules

2015-S6071 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §95, add §95-b, Soc Serv L

2015-S6071 (ACTIVE) - Summary

Relates to eligibility for SNAP benefits and specifies additional products eligible for WIC benefits.

2015-S6071 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6071         REVISED MEMO 12/28/2015

 TITLE OF BILL :  An act to amend the social services law, in relation
to eligibility for SNAP benefits and specifying additional products
eligible for WIC benefits

 PURPOSE :

The purpose of this bill is to ensure a uniform set of work
requirement standards across the state. Additionally, this bill sets
out to increase accountability in participants in the Supplemental
Nutrition Assistance Program (SNAP) so as to make certain that the
program provides assistance where it is most needed and can be most
effective.

 SUMMARY OF PROVISIONS :

Section 1 adds a new subdivision 11 to Section 95 of the social
services law.

Section 2. 1: Participation in employment program: (a) Establishes
that all applicants and recipients must, in full, comply with the
rules and regulations governing Employment Program Requirements, as
set forth by the state in part 385 of Title 18 of the New York State
Codes, Rules and Regulations. (b) States that all applicants for
public assistance must apply in writing for three separate advertised

jobs and provide to the department verifiable documentation of the
applications. Documentation can be submitted from one week before to
two weeks after the application for benefits. (c) Snap benefits must
be terminated by the department as follows: (I) for a first failure to
comply with the requirements of Part 385 of Title 18 of the New York
State Codes, Rules & Regulations, termination of benefits applies to
the adult recipient; (2) for a second failure to comply with the
requirements of Part 385 of Title 18 of the New York State Codes,
Rules & Regulations, terminations of benefits applies to the adult
recipient and the full family unit; (3) for a third and subsequent
violation, termination of benefits applies to the adult recipient and
full family unit for six consecutive months; (4) an adult recipient
has the ability to appeal a sanction that would impact the full family
unit by demonstrating through good cause why those benefits should not
be terminated; (5) once a recipient complies with all rules and
regulations, their benefits must be restored by the department. (d)
(1) Prior to the imposition of sanctions, the department must evaluate
and obtain approval for sanctions from the individual's case manager.
(2) A stated notice on why an individual has been sanctioned by the
department must be provided to the participant whose benefits are
being terminated. 2:  Unauthorized spending of SNAP benefits: (a) A
recipient may not use SNAP benefits payable through the electronic
benefits transfer system established under section twenty-one-a of
this chapter to effect any transaction in: (1) a liquor store, or any
other store where fifty percent or more of its business comes from the
sale of alcoholic beverages; (2) a gambling or gaming facility; (3) a
strip club; (4) a tobacco specialty store. (b) SNAP benefits cannot be
used to purchase tobacco products; alcoholic beverages, gambling or
gaming activity, lotteries conducted by the state, bail, or tattoos.
(c) A recipient may not use their benefits outside the state of New
York. (d) No more than 15% of a recipients monthly SNAP benefit may be
withdrawn in cash. 3: Educational or training programs. For
individuals who are satisfactorily participating in an education or
training program, the department shall determine the acceptability of
the activity for purposes of meeting the participation requirements as
set for in New York's rules and regulations. 4:  For individuals who
are unable to satisfy certain requirements due to disability, the
department will develop a reasonable alternative participation
requirement. 5: Work participation sufficiency. An individual who is
receiving SNAP benefits must participate in a combination of
education, training, study or work-site experience in a manner that
meets federal work participation requirements in the first twelve
months of the program. SNAP benefits may continue beyond those twelve
months so long as the enrollee continues an educational program and
meets federal work participation requirements.

Section 3. Extends the purchase of fruits, vegetables and pre-packaged
meat or fish to recipients of the federal Special Supplemental
Nutrition Program for Women, Infants and Children (WIC).

Sections 4 is the effective date.

 JUSTIFICATION :

Currently, New York doesn't have a uniform set of work requirements
for recipients of the Supplemental Nutrition Assistance Program
(SNAP), nor does it impose strict limitations on what can be purchased
by a recipient. This legislation would eliminate this lack of
uniformity and create a statewide work requirement, while ensuring
that the benefits provided to recipients are used to purchase goods
that will directly support them and their families. Additionally, this
act will establish a new, graduated system that punishes individuals
who do not comply with the laws, rules and regulations that govern
SNAP in New York.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To Be Determined

 LOCAL FISCAL IMPLICATIONS :

To Be Determined.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become law.

2015-S6071 (ACTIVE) - Bill Text download pdf

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

                                  6071

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1. Section 95 of the social services law is amended by adding
a new subdivision 11 to read as follows:
  11. TO THE EXTENT NOT INCONSISTENT WITH FEDERAL LAW  AND  REGULATIONS,
AN INDIVIDUAL'S ELIGIBILITY TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION
ASSISTANCE  PROGRAM  SHALL BE SUBJECT TO THE PROVISIONS OF SECTION NINE-
TY-FIVE-A OF THIS TITLE.
  S 2. The social services law is amended by adding a new  section  95-b
to read as follows:
  S  95-B.  MISCELLANEOUS REQUIREMENTS FOR APPLICANTS AND FOR RECIPIENTS
OF PUBLIC ASSISTANCE. 1. PARTICIPATION IN EMPLOYMENT  PROGRAM.  (A)  ALL
APPLICANTS  AND FOR RECIPIENTS OF PUBLIC ASSISTANCE SHALL COMPLY IN FULL
WITH THE REQUIREMENTS OF PART 385 OF TITLE 18  OF  THE  NEW  YORK  STATE
CODES,  RULES  &  REGULATIONS  (PUBLIC  ASSISTANCE AND FOOD SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT PROGRAM REQUIREMENTS).
  (B) IN ADDITION TO THE REQUIREMENTS OF PART 385 OF TITLE 18 OF THE NEW
YORK STATE CODES, RULES &  REGULATIONS,  BEFORE  SNAP  BENEFITS  MAY  BE
GRANTED  TO  AN APPLICANT BY THE DEPARTMENT, THE APPLICANT, IF JOB READY
AS DETERMINED BY THE DEPARTMENT, MUST APPLY IN WRITING FOR  THREE  SEPA-
RATE ADVERTISED JOBS AND PRODUCE VERIFIABLE DOCUMENTATION TO THE DEPART-
MENT  OF  THE APPLICATIONS. TO SATISFY THIS WORK SEARCH REQUIREMENT, THE
JOB APPLICATIONS MAY BE SUBMITTED AT ANY TIME FROM ONE WEEK PRIOR TO THE
DATE OF THE APPLICATION TO THE DEPARTMENT FOR SNAP BENEFITS TO TWO WEEKS
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

  (C) SNAP BENEFITS UNDER THIS TITLE MUST BE TERMINATED BY  THE  DEPART-
MENT AS FOLLOWS:
  (1) FOR A FIRST FAILURE TO COMPLY WITH THE REQUIREMENTS OF PART 385 OF
TITLE  18  OF THE NEW YORK STATE CODES, RULES & REGULATIONS, TERMINATION
OF BENEFITS APPLIES TO THE ADULT RECIPIENT;
  (2) FOR A SECOND FAILURE TO COMPLY WITH THE REQUIREMENTS OF  PART  385
OF  TITLE  18  OF  THE NEW YORK STATE CODES, RULES & REGULATIONS, TERMI-
NATION OF BENEFITS APPLIES TO THE ADULT RECIPIENT AND  THE  FULL  FAMILY
UNIT;
  (3)  FOR  A  THIRD  AND  SUBSEQUENT VIOLATION, TERMINATION OF BENEFITS
APPLIES TO THE ADULT RECIPIENT AND THE FULL FAMILY UNIT FOR SIX  CONSEC-
UTIVE MONTHS COMMENCING UPON TERMINATION;
  (4)  PRIOR  TO  THE IMPLEMENTATION OF A FULL FAMILY UNIT SANCTION, THE
DEPARTMENT SHALL OFFER THE ADULT RECIPIENT AN OPPORTUNITY  TO  SHOW  FOR
GOOD CAUSE WHY THE BENEFITS SHOULD NOT BE TERMINATED; AND
  (5)  BENEFITS  THAT  HAVE BEEN TERMINATED UNDER THIS PARAGRAPH MUST BE
RESTORED ONCE THE ADULT RECIPIENT COMPLIES WITH THE REQUIREMENTS OF PART
385 OF TITLE 18 OF THE NEW YORK STATE CODES, RULES & REGULATIONS.
  (D) (1) PRIOR TO IMPOSING A SANCTION AGAINST AN INDIVIDUAL FOR FAILURE
TO COMPLY WITH WITH THE REQUIREMENTS OF PART 385 OF TITLE 18 OF THE  NEW
YORK  STATE  CODES, RULES & REGULATIONS, THE DEPARTMENT SHALL THOROUGHLY
REVIEW THE  CIRCUMSTANCES  OF  THE  INDIVIDUAL  AND  OBTAIN  SUPERVISORY
APPROVAL OF THE RECOMMENDATION OF THE CASE MANAGER TO IMPOSE A SANCTION.
  (2) AT THE TIME OF IMPOSING A SANCTION AGAINST AN INDIVIDUAL FOR FAIL-
URE  TO  COMPLY WITH THE REQUIREMENTS OF PART 385 OF TITLE 18 OF THE NEW
YORK STATE CODES, RULES & REGULATIONS, THE DEPARTMENT SHALL PROVIDE  THE
INDIVIDUAL  WITH A NOTICE THAT STATES THE BASIS FOR THE SANCTION AND THE
GOOD CAUSE REASON AS FOR THE SANCTION.
  2. UNAUTHORIZED SPENDING OF SNAP BENEFITS. (A) A RECIPIENT MAY NOT USE
SNAP BENEFITS PAYABLE THROUGH THE ELECTRONIC  BENEFITS  TRANSFER  SYSTEM
ESTABLISHED  UNDER  SECTION  TWENTY-ONE-A  OF THIS CHAPTER TO EFFECT ANY
TRANSACTION IN:
  (1) A RETAIL ESTABLISHMENT WHERE FIFTY PERCENT OR MORE  OF  THE  GROSS
REVENUE  OF  THE  ESTABLISHMENT  IS  DERIVED  FROM THE SALE OF ALCOHOLIC
BEVERAGES AS DEFINED IN SECTION ONE OF THE  ALCOHOLIC  BEVERAGE  CONTROL
LAW;
  (2)  A  GAMBLING  OR  GAMING FACILITY SUBJECT TO THE PROVISIONS OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, EXCEPT THAT  USE  OF  THE
ELECTRONIC  BENEFITS  TRANSFER SYSTEM IS PERMITTED IN ANY PORTION OF THE
PREMISES OF A GAMBLING OR GAMING FACILITY THAT IS SET  ASIDE  SEPARATELY
FOR  THE  SALE  PRIMARILY  OF STAPLE FOODS AS DEFINED IN 7 UNITED STATES
CODE, SECTION 2012(R);
  (3) A RETAIL ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED  ENTERTAINMENT
IN  WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER-
TAINMENT; OR
  (4) A TOBACCO SPECIALTY STORE.
  (B) SNAP BENEFITS MAY NOT BE EXPENDED ON THE FOLLOWING:
  (1) TOBACCO PRODUCTS, AS DEFINED IN SECTION ONE THOUSAND THREE HUNDRED
NINETY-NINE-AA OF THE PUBLIC HEALTH LAW;
  (2) ALCOHOLIC BEVERAGES, AS DEFINED IN SECTION ONE  OF  THE  ALCOHOLIC
BEVERAGE CONTROL LAW;
  (3) GAMBLING OR GAMING ACTIVITY;
  (4) LOTTERIES CONDUCTED BY THE STATE;
  (5)  BAIL, AS DEFINED IN SECTION 520.10 OF THE CRIMINAL PROCEDURE LAW;
OR

S. 6071                             3

  (6) TATTOO MARKS OR FIGURES, AS DEFINED IN SECTION FOUR HUNDRED  SIXTY
OF THE PUBLIC HEALTH LAW.
  (C) A RECIPIENT OF SNAP BENEFITS MAY NOT ACCESS THOSE BENEFITS THROUGH
THE   ELECTRONIC   BENEFITS   TRANSFER  SYSTEM  ESTABLISHED  IN  SECTION
TWENTY-ONE-A OF THIS CHAPTER OUTSIDE OF THIS STATE.
  (D) IN A MONTHLY BENEFIT PERIOD, A RECIPIENT OF SNAP BENEFITS MAY  NOT
WITHDRAW  AS  CASH  AN  AMOUNT  OVER  FIFTEEN PERCENT OF THE RECIPIENT'S
MONTHLY SNAP BENEFITS RECEIVED IN THE  RECIPIENT'S  ELECTRONIC  BENEFITS
TRANSFER  SYSTEM ACCOUNT. FOR PURPOSES OF THIS PARAGRAPH, "MONTHLY BENE-
FIT PERIOD" MEANS THE PERIOD BEGINNING THE DAY  THE  RECIPIENT  RECEIVES
THE  RECIPIENT'S MONTHLY BENEFIT AND ENDING THE DAY BEFORE THE RECIPIENT
RECEIVES THE NEXT MONTHLY BENEFIT.
  3. EDUCATIONAL OR TRAINING PROGRAMS. FOR INDIVIDUALS WHO ARE SATISFAC-
TORILY PARTICIPATING IN AN EDUCATION OR TRAINING PROGRAM, THE DEPARTMENT
SHALL DETERMINE THE ACCEPTABILITY OF THE ACTIVITY FOR PURPOSES OF  MEET-
ING  THE  PARTICIPATION  REQUIREMENTS OF THE REQUIREMENTS OF PART 385 OF
TITLE 18 OF THE NEW YORK STATE CODES, RULES & REGULATIONS USING THE SAME
CRITERIA AS ARE USED FOR ANY INDIVIDUAL IN THE SNAP PROGRAM.
  4. REVIEW OF DISABILITY CLAIM. IF A CLAIM OF INABILITY TO  WORK  BASED
ON  DISABILITY OR OTHER GOOD CAUSE IS MADE BY A PARTICIPANT, THE DEPART-
MENT SHALL ASSESS THE CIRCUMSTANCES OF THE CLAIM. IF DISABILITY OR OTHER
GOOD CAUSE IS FOUND TO EXIST,  THE  DEPARTMENT  SHALL  OFFER  REASONABLE
ALTERNATIVE PARTICIPATION REQUIREMENTS TO THE EXTENT REQUIRED BY FEDERAL
LAW  AND  DOCUMENT  THEM  IN  THE PARTICIPANT'S FAMILY CONTRACT AND CASE
RECORD.
  5. WORK PARTICIPATION SUFFICIENCY. AN ENROLLEE MUST PARTICIPATE  IN  A
COMBINATION  OF  EDUCATION, TRAINING, STUDY OR WORK-SITE EXPERIENCE IN A
MANNER THAT MEETS FEDERAL WORK PARTICIPATION REQUIREMENTS IN  THE  FIRST
TWELVE  MONTHS OF THE PROGRAM.  SNAP BENEFITS MAY CONTINUE BEYOND TWELVE
MONTHS IF THE ENROLLEE REMAINS  IN  AN  EDUCATIONAL  PROGRAM  AND  MEETS
FEDERAL  WORK PARTICIPATION REQUIREMENTS. FOR THE PURPOSE OF THIS SUBDI-
VISION, WORK-SITE EXPERIENCE INCLUDES,  BUT  IS  NOT  LIMITED  TO,  PAID
EMPLOYMENT,  WORK  STUDY,  PRACTICUMS, INTERNSHIPS, CLINICAL PLACEMENTS,
LABORATORY OR FIELD WORK DIRECTLY RELATED TO THE  ENROLLEE'S  EMPLOYMENT
GOAL OR ANY OTHER WORK ACTIVITIES THAT, AS DETERMINED BY THE DEPARTMENT,
WILL  ENHANCE  THE  ENROLLEE'S EMPLOYABILITY IN THE ENROLLEE'S FIELD. IN
THE LAST SEMESTER OF THE ENROLLEE'S EDUCATIONAL PROGRAM, WORK-SITE EXPE-
RIENCE MAY ALSO INCLUDE RESUME PREPARATION, EMPLOYMENT RESEARCH,  INTER-
VIEWS AND OTHER ACTIVITIES RELATED TO JOB PLACEMENT.
  S  3. To the extent not inconsistent with federal law and regulations,
funds  received  through  the  federal  Special  Supplemental  Nutrition
Program  for  Women, Infants, and Children (WIC) and distributed through
the state may be used by WIC benefit recipients to purchase  fruits  and
vegetables and pre-packaged meat or fish.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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