S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7543
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  reissuing  SNAP
   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 152-d of the  social  services  law,  as  added  by
 section  1 of part Y of chapter 56 of the laws of 2023 and subdivision 6
 as added by chapter 70 of the laws  of  2024,  is  amended  to  read  as
 follows:
   § 152-d. Replacement of stolen public assistance OR SNAP BENEFITS.  1.
 Notwithstanding section three hundred fifty-j of this article and subdi-
 vision  eleven  of  section one hundred thirty-one of this title, and in
 accordance with this section, RECIPIENTS OF public  assistance  [recipi-
 ents]  AND  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM (SNAP) BENEFITS
 shall receive replacement assistance for the loss of public  assistance,
 as  defined  in  subdivision nineteen of section two of this chapter, OR
 SNAP BENEFITS, AS DESCRIBED IN SECTION NINETY-FIVE OF THIS  CHAPTER,  in
 instances  when  such public assistance [has] OR SNAP BENEFITS HAVE been
 stolen as a result of card skimming, cloning, third  party  misrepresen-
 tation  or other similar fraudulent activities, consistent with guidance
 issued by the office of temporary and disability assistance.
   2. The office of temporary and disability assistance shall establish a
 protocol for recipients to report incidents of stolen public  assistance
 OR SNAP BENEFITS.  This protocol will be administered by social services
 districts  pursuant  to  guidance  issued by the office of temporary and
 disability assistance.
   3. Social services districts  shall  promptly  replace  stolen  public
 assistance  OR  SNAP  BENEFITS, however, such replacement shall occur no
 later than five business days after the  social  services  district  has
 verified  the  public  assistance  [was] OR SNAP BENEFITS WERE stolen in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10750-01-5
              

 A. 7543                             2
 
 accordance with guidance established by  the  office  of  temporary  and
 disability  assistance  consistent  with  federal  and state laws, regu-
 lations and guidance, provided, however, that social services  districts
 shall  not ask recipients to obtain a police report or require any other
 interaction with law enforcement unless required by federal  law,  regu-
 lation,  or guidance for either public assistance or supplemental nutri-
 tion assistance program benefits.
   4. For public assistance OR SNAP BENEFITS that [is]  ARE  verified  as
 stolen,  replacement assistance shall be provided by the social services
 district in accordance with this section as follows:
   (a) the lesser of: (i) the amount of public assistance OR  SNAP  BENE-
 FITS  that [was] WERE stolen; or (ii) the amount of public assistance OR
 SNAP BENEFITS equal to two months of the monthly allotment of the house-
 hold immediately prior to the date upon which the public  assistance  OR
 SNAP BENEFITS that [was] WERE stolen; provided, however, the commission-
 er  may  promulgate regulations for the provision of additional replace-
 ment assistance in extenuating circumstances consistent with federal and
 state laws, regulations and guidance; and
   (b)(i) no more than twice in a federal fiscal  year  to  cover  public
 assistance  stolen  on  or  after January first, two thousand twenty-two
 through September thirtieth, two thousand twenty-four; [or] (ii) no more
 than once in a federal fiscal year to cover public assistance stolen  on
 or  after October first, two thousand twenty-four; OR (III) NO MORE THAN
 ONCE IN A FISCAL YEAR TO COVER SNAP BENEFITS STOLEN AFTER DECEMBER TWEN-
 TIETH, TWO THOUSAND TWENTY-FOUR.
   5. Any replacement assistance provided under  this  section  shall  be
 exempt  from recoupment and recovery provisions under title six of arti-
 cle three of this chapter; provided, however, that assistance shall  not
 be  exempt  from  recoupment and recovery if it is later determined that
 the public assistance OR SNAP BENEFITS that [was] WERE replaced pursuant
 to this section [was] WERE not stolen as  a  result  of  card  skimming,
 cloning,  third  party  misrepresentation  or  other  similar fraudulent
 activities.
   6. The office of temporary and  disability  assistance  shall  make  a
 model  sign  available  on  its  website that can be used by any person,
 firm, partnership, association or corporation required to  inform  indi-
 viduals  about  electronic  benefit  transfer  scams, including, but not
 limited to, skimming, and the steps they can take to protect their bene-
 fits in accordance with section three hundred ninety-e  of  the  general
 business law.
   §  2. 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,  IN
 INSTANCES  OF FRAUD OR THEFT OF SNAP BENEFITS, AFTER DECEMBER TWENTIETH,
 TWO THOUSAND  TWENTY-FOUR,  THE  OFFICE  SHALL  DIRECT  SOCIAL  SERVICES
 DISTRICTS  TO  PROVIDE REPLACEMENT ASSISTANCE IN THE FORM OF CASH GRANTS
 EQUAL TO THE LESSER OF: (A) THE DOLLAR VALUE OF THE SNAP  BENEFITS  THAT
 WERE  STOLEN; OR (B) THE DOLLAR VALUE EQUAL TO TWO MONTHS OF THE MONTHLY
 ALLOTMENT OF THE HOUSEHOLD IMMEDIATELY PRIOR TO THE DATE THE SNAP  BENE-
 FITS  WERE  STOLEN; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY PROMUL-
 GATE REGULATIONS FOR THE PROVISION OF ADDITIONAL REPLACEMENT  ASSISTANCE
 IN  EXTENUATING  CIRCUMSTANCES  CONSISTENT  WITH FEDERAL AND STATE LAWS,
 REGULATIONS AND GUIDANCE. REPLACEMENT ASSISTANCE SHALL BE ISSUED  WITHIN
 FIVE  DAYS OF THE DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING
 THE THEFT OF SUCH SNAP BENEFITS.  ANY  REPLACEMENT  ASSISTANCE  PROVIDED
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 UNDER  THIS  SUBDIVISION  SHALL  BE  EXEMPT FROM RECOUPMENT AND RECOVERY
 PROVISIONS UNDER TITLE SIX OF THIS ARTICLE.
   §  3.  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 SUPPLEMENTAL NUTRITION ASSIST-
 ANCE PROGRAM (SNAP) BENEFITS, EMERGENCY ASSISTANCE EQUAL TO  THE  LESSER
 OF: (I) THE AMOUNT OF SNAP BENEFITS THAT WERE STOLEN; OR (II) THE AMOUNT
 OF  SNAP  BENEFITS  PROVIDED  DURING THE TWO MOST RECENT MONTHS PRIOR TO
 SUCH ASSISTANCE BEING STOLEN; PROVIDED, HOWEVER, THAT  THE  COMMISSIONER
 MAY  PROMULGATE  REGULATIONS FOR THE PROVISION OF ADDITIONAL REPLACEMENT
 ASSISTANCE IN EXTENUATING  CIRCUMSTANCES  CONSISTENT  WITH  FEDERAL  AND
 STATE  LAWS,  REGULATIONS  AND GUIDANCE. REPLACEMENT ASSISTANCE SHALL BE
 ISSUED WITHIN FIVE DAYS OF THE DATE THE VICTIM SUBMITS A  SIGNED  STATE-
 MENT  DOCUMENTING  THE  THEFT  OF  SUCH  SNAP  BENEFITS. ANY REPLACEMENT
 ASSISTANCE PROVIDED UNDER THIS PARAGRAPH SHALL BE EXEMPT FROM RECOUPMENT
 AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTICLE THREE OF  THIS  CHAP-
 TER.
   §  4.  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]  SUCH  APPLICANT'S  control
 [and,  in  the  case  of  a  person receiving public assistance, did not
 result from the loss, theft or mismanagement of a regular public assist-
 ance grant]; and
   § 5. 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 SUPPLEMENTAL NUTRITION ASSISTANCE
 PROGRAM (SNAP) BENEFITS OCCURRING AFTER DECEMBER TWENTIETH, TWO THOUSAND
 TWENTY-FOUR,  EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN BENE-
 FITS SHALL BE ISSUED IN AN AMOUNT EQUAL TO THE LESSER OF: (I) THE AMOUNT
 OF SNAP BENEFITS THAT WERE STOLEN; OR (II) THE AMOUNT OF  SNAP  BENEFITS
 PROVIDED  DURING  THE  TWO  MOST  RECENT MONTHS PRIOR TO SUCH ASSISTANCE
 BEING STOLEN, WITHIN SEVEN DAYS OF THE DATE THE VICTIM SUBMITS A  SIGNED
 STATEMENT  DOCUMENTING  THE  THEFT  OF  SUCH  BENEFITS.  ANY REPLACEMENT
 ASSISTANCE PROVIDED UNDER THIS SUBDIVISION SHALL BE EXEMPT FROM  RECOUP-
 MENT  AND  RECOVERY  PROVISIONS UNDER TITLE SIX OF ARTICLE THREE OF THIS
 CHAPTER.
   § 6. 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 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
 (SNAP)  BENEFITS THAT OCCUR AFTER DECEMBER TWENTIETH, TWO THOUSAND TWEN-
 TY-FOUR, THE VICTIM OF SUCH FRAUD OR THEFT SHALL BE PROVIDED SAFETY  NET
 ASSISTANCE BENEFITS EQUAL TO THE LESSER OF: (I) THE AMOUNT OF SNAP BENE-
 FITS  THAT  WERE  STOLEN;  OR  (II) THE AMOUNT OF SNAP BENEFITS PROVIDED
 DURING THE TWO MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN,
 WITHIN FIVE DAYS OF THE DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCU-
 MENTING THE THEFT OF SUCH BENEFITS. ANY REPLACEMENT ASSISTANCE  PROVIDED
 UNDER  THIS  SUBDIVISION  SHALL  BE  EXEMPT FROM RECOUPMENT AND RECOVERY
 PROVISIONS UNDER TITLE SIX OF ARTICLE THREE OF THIS CHAPTER.
   § 7. This act shall take effect immediately.