Assembly Bill A9358

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9358
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on Social Services
 
 AN  ACT to amend the social services law, in relation to establishing an
   electronic benefit card replacement program
 
   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
 152-e to read as follows:
   § 152-E. ELECTRONIC BENEFIT CARD REPLACEMENT. 1. FOR THE  PURPOSES  OF
 THIS SECTION:
   (A)  "COMMISSIONER"  MEANS THE COMMISSIONER OF THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE.
   (B) "OFFICE" MEANS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   (C) "ELECTRONIC BENEFIT TRANSFER CARD" MEANS ANY CARD OR DEVICE ISSUED
 IN CONNECTION WITH THE ELECTRONIC BENEFIT TRANSFER SYSTEM ESTABLISHED IN
 SECTION TWENTY-ONE-A OF THIS CHAPTER THAT ALLOWS INDIVIDUALS  TO  ACCESS
 PUBLIC ASSISTANCE OR BENEFIT FUNDS INCLUDING:
   (I)  ANY  MEDICAL  ASSISTANCE CARD, FOOD STAMP ASSISTANCE CARD, PUBLIC
 ASSISTANCE CARD, OR ANY  OTHER  IDENTIFICATION,  AUTHORIZATION  CARD  OR
 ELECTRONIC  ACCESS  DEVICE  ISSUED  BY  THE  STATE  OR A SOCIAL SERVICES
 DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THIS  CHAPTER
 WHICH  ENTITLES  A  PERSON  TO OBTAIN PUBLIC ASSISTANCE BENEFITS UNDER A
 LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE STATE, ITS POLITICAL
 SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS; OR
   (II) ANY UNEMPLOYMENT INSURANCE PROGRAM  CARD,  OCCUPATIONAL  TRAINING
 ACT  PROGRAM CARD, ADOPTION SUBSIDY ELECTRONIC PAYMENTS PROGRAM CARD, OR
 CARD ISSUED BY THE NEW YORK  CHILD  SUPPORT  PROGRAM  WHICH  ENTITLES  A
 PERSON TO RECEIVE FUNDS UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINIS-
 TERED  BY  THE  STATE,  ITS  POLITICAL  SUBDIVISIONS  OR SOCIAL SERVICES
 DISTRICTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14214-01-5
 A. 9358                             2
              

 
   2. (A) WITHIN ONE YEAR OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSIONER  SHALL DEVELOP AND IMPLEMENT A PROGRAM TO REPLACE ALL ELEC-
 TRONIC BENEFIT TRANSFER CARDS ISSUED BY OR ON BEHALF OF THE  STATE  THAT
 UTILIZE  MAGNETIC-STRIP TECHNOLOGY WITH CHIP-ENABLED SMART CARDS. WITHIN
 ONE  YEAR  OF  THE COMMENCEMENT OF THE PROGRAM, NO ADDITIONAL ELECTRONIC
 BENEFIT TRANSFER MAGNETIC-STRIP CARDS SHALL BE ISSUED BY OR ON BEHALF OF
 THE STATE TO AN EXISTING OR NEW HOLDER OF SUCH CARDS.
   (B) THE STATE SHALL REIMBURSE THE  HOLDER  OF  AN  ELECTRONIC  BENEFIT
 TRANSFER  CARD  UTILIZING  MAGNETIC-STRIP TECHNOLOGY FOR BENEFITS STOLEN
 FROM THE CARD UNTIL SUCH TIME AS THE HOLDER IS PROVIDED BY OR ON  BEHALF
 OF  THE STATE WITH A CHIP-ENABLED SMART CARD, PROVIDED THE HOLDER OF THE
 CARD IS NOT IMPLICATED IN THE THEFT OF THE BENEFITS FROM  THE  MAGNETIC-
 STRIP ELECTRONIC BENEFIT TRANSFER CARD.
   3.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.