S T A T E O F N E W Y O R K
________________________________________________________________________
4452--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, ROZIC, ANDERSON, ARDILA,
MITAYNES, HEVESI, KELLES, EICHENSTEIN, AUBRY, WILLIAMS, KIM, SIMON --
read once and referred to the Committee on Social Services -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the social services law, in relation to reissuing
certain benefits in instances of fraud or theft of such 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 12 to read as follows:
12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
OFFICE SHALL DIRECT SOCIAL SERVICES DISTRICTS TO PROVIDE REPLACEMENT
BENEFITS IN INSTANCES OF FRAUD OR THEFT OF SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM BENEFITS EQUAL TO THE VALUE OF BENEFITS STOLEN ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO WITHIN SEVEN DAYS OF THE
DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT, USING
FUNDS FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, AS AUTHORIZED
PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF
2023, P.L. 117-328, EMERGENCY SAFETY NET ASSISTANCE, EMERGENCY ASSIST-
ANCE TO FAMILIES, OR EMERGENCY ASSISTANCE TO ADULTS, AS APPLICABLE.
§ 2. Subdivision 1 of section 303 of the social services law is
amended by adding a new paragraph (p) to read as follows:
(P) IN THE EVENT OF A REPORTED THEFT OF EMERGENCY ASSISTANCE PREVIOUS-
LY ISSUED PURSUANT TO THIS SECTION OR THEFT OF SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM BENEFITS, EMERGENCY ASSISTANCE EQUAL TO THE VALUE OF
THE STOLEN BENEFITS SHALL BE PROVIDED WITHIN SEVEN DAYS OF THE DATE THE
VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT. WHERE REPLACE-
MENT BENEFITS HAVE BEEN ISSUED PURSUANT TO THIS PARAGRAPH, THE DISTRICT
MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENEFITS
AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08797-03-3
A. 4452--A 2
IDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH REPLACEMENT
BENEFITS BECOME AVAILABLE AT A FUTURE TIME.
§ 3. Paragraph (e) of subdivision 2 of section 350-j of the social
services law, as amended by section 38 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
(e) such occurrence or situation could not have been foreseen by the
applicant[,] AND was not under his or her control [and, in the case of a
person receiving public assistance, did not result from the loss, theft
or mismanagement of a regular public assistance grant]; and
§ 4. Section 350-j of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. IN INSTANCES OF FRAUD OR THEFT OF BENEFITS OCCURRING ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-TWO, EMERGENCY ASSISTANCE TO NEEDY
FAMILIES WITH CHILDREN BENEFITS SHALL BE ISSUED IN AN AMOUNT EQUAL TO
THE VALUE OF STOLEN FAMILY ASSISTANCE, EMERGENCY ASSISTANCE TO NEEDY
FAMILIES, PANDEMIC ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM BENEFITS WITHIN SEVEN DAYS OF THE DATE THE
VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT. WHERE REPLACE-
MENT BENEFITS ARE BEING ISSUED PURSUANT TO THIS SUBDIVISION, THE
DISTRICT MAY REDUCE THE AMOUNT DESIGNATED TO REPLACE STOLEN SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANE-
OUSLY RECEIVED BENEFITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION
501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328.
WHERE REPLACEMENT BENEFITS ARE ISSUED PURSUANT TO THIS SUBDIVISION TO
REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE
DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENE-
FITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE
CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH
REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME.
§ 5. Section 159 of the social services law is amended by adding a new
subdivision 13 to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
INSTANCES OF FRAUD OR THEFT OF BENEFITS THAT OCCUR ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-TWO, THE VICTIM OF SUCH FRAUD OR THEFT SHALL
BE PROVIDED EMERGENCY ASSISTANCE BENEFITS EQUAL TO THE VALUE OF THE
STOLEN SAFETY NET ASSISTANCE, EMERGENCY SAFETY NET ASSISTANCE, PANDEMIC
ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM BENEFITS WITHIN SEVEN DAYS OF THE DATE THE VICTIM SUBMITS A
SIGNED STATEMENT DOCUMENTING THE THEFT. WHERE REPLACEMENT BENEFITS ARE
BEING ISSUED PURSUANT TO THIS SUBDIVISION, THE DISTRICT MAY REDUCE THE
AMOUNT DESIGNATED TO REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANEOUSLY RECEIVED BENE-
FITS AUTHORIZED BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE
CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328. WHERE REPLACEMENT
BENEFITS ARE ISSUED PURSUANT TO THIS SUBDIVISION TO REPLACE STOLEN
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE DISTRICT MAY
REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENEFITS AUTHORIZED
BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPRO-
PRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH REPLACEMENT BENEFITS
BECOME AVAILABLE AT A FUTURE TIME.
§ 6. This act shall take effect immediately.