Bill Text: NY S04736 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes the reissuance of emergency assistance to needy families with children, safety net assistance, SNAP benefits, or emergency assistance for aged, blind and disabled persons in instances of fraud or theft of benefits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO SOCIAL SERVICES [S04736 Detail]

Download: New_York-2023-S04736-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4736

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services

        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:

     1    Section 1. Section 95 of the social services law is amended by  adding
     2  a new subdivision 12 to read as follows:
     3    12.  Notwithstanding  any  other provision of law to the contrary, the
     4  office shall direct social services  districts  to  provide  replacement
     5  benefits  in  instances  of  fraud  or  theft  of supplemental nutrition
     6  assistance program benefits equal to the value of benefits stolen on  or
     7  after  January  first,  two thousand twenty-two within seven days of the
     8  date the victim submits a signed statement documenting the theft,  using
     9  funds  from the supplemental nutrition assistance program, as authorized
    10  pursuant to Section 501(b)(2) of the Consolidated Appropriations Act  of
    11  2023,  P.L.  117-328, emergency safety net assistance, emergency assist-
    12  ance to families, or emergency assistance to adults, as applicable.
    13    § 2. Subdivision 1 of section  303  of  the  social  services  law  is
    14  amended by adding a new paragraph (p) to read as follows:
    15    (p) In the event of a reported theft of emergency assistance previous-
    16  ly  issued  pursuant  to this section or theft of supplemental nutrition
    17  assistance program benefits, emergency assistance equal to the value  of
    18  the  stolen benefits shall be provided within seven days of the date the
    19  victim submits a signed statement documenting the theft. Where  replace-
    20  ment  benefits have been issued pursuant to this paragraph, the district
    21  may require  an  assignment  of  any  duplicative  replacement  benefits
    22  authorized  by  and  issued pursuant to Section 501(b)(2) of the Consol-
    23  idated Appropriations Act of 2023, P.L. 117-328 should such  replacement
    24  benefits become available at a future time.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08797-02-3

        S. 4736                             2

     1    §  3.  Paragraph  (e)  of subdivision 2 of section 350-j of the social
     2  services law, as amended by section 38 of part B of chapter 436  of  the
     3  laws of 1997, is amended to read as follows:
     4    (e)  such  occurrence or situation could not have been foreseen by the
     5  applicant[,] and was not under his or her control [and, in the case of a
     6  person receiving public assistance, did not result from the loss,  theft
     7  or mismanagement of a regular public assistance grant]; and
     8    §  4.  Section 350-j of the social services law is amended by adding a
     9  new subdivision 6 to read as follows:
    10    6. In instances of fraud or theft of benefits occurring  on  or  after
    11  January  first,  two  thousand twenty-two, emergency assistance to needy
    12  families with children benefits shall be issued in an  amount  equal  to
    13  the  value  of  stolen  family assistance, emergency assistance to needy
    14  families, pandemic electronic benefit transfer benefits, or supplemental
    15  nutrition assistance program benefits within seven days of the date  the
    16  victim  submits a signed statement documenting the theft. Where replace-
    17  ment benefits  are  being  issued  pursuant  to  this  subdivision,  the
    18  district may reduce the amount designated to replace stolen supplemental
    19  nutrition assistance program benefits by any previously or contemporane-
    20  ously  received  benefits  authorized  by and issued pursuant to Section
    21  501(b)(2) of the Consolidated Appropriations Act of 2023, P.L.  117-328.
    22  Where replacement benefits are issued pursuant to  this  subdivision  to
    23  replace  stolen  supplemental nutrition assistance program benefits, the
    24  district may require an assignment of any duplicative replacement  bene-
    25  fits  authorized  by  and  issued  pursuant  to Section 501(b)(2) of the
    26  Consolidated Appropriations  Act  of  2023,  P.L.  117-328  should  such
    27  replacement benefits become available at a future time.
    28    § 5. Section 159 of the social services law is amended by adding a new
    29  subdivision 13 to read as follows:
    30    13.  Notwithstanding  any  other  provision of law to the contrary, in
    31  instances of fraud or theft of benefits that occur on or  after  January
    32  first,  two thousand twenty-two, the victim of such fraud or theft shall
    33  be provided emergency assistance benefits equal  to  the  value  of  the
    34  stolen  safety net assistance, emergency safety net assistance, pandemic
    35  electronic benefit transfer benefits, or supplemental nutrition  assist-
    36  ance program benefits within seven days of the date the victim submits a
    37  signed  statement  documenting the theft. Where replacement benefits are
    38  being issued pursuant to this subdivision, the district may  reduce  the
    39  amount  designated  to  replace stolen supplemental nutrition assistance
    40  program benefits by any previously or contemporaneously  received  bene-
    41  fits  authorized  by  and  issued  pursuant  to Section 501(b)(2) of the
    42  Consolidated Appropriations Act of 2023, P.L. 117-328. Where replacement
    43  benefits are issued pursuant  to  this  subdivision  to  replace  stolen
    44  supplemental  nutrition  assistance  program  benefits, the district may
    45  require an assignment of any duplicative replacement benefits authorized
    46  by and issued pursuant to Section 501(b)(2) of the  Consolidated  Appro-
    47  priations  Act  of  2023,  P.L. 117-328 should such replacement benefits
    48  become available at a future time.
    49    § 6. This act shall take effect immediately.
feedback