Bill Text: NY A03489 | 2025-2026 | General Assembly | Introduced

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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 14-0)

Status: (Introduced) 2025-01-28 - referred to social services [A03489 Detail]

Download: New_York-2025-A03489-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3489

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2025
                                       ___________

        Introduced  by  M. of A. GONZALEZ-ROJAS, ROZIC, HEVESI, WILLIAMS, ANDER-
          SON, EICHENSTEIN, KIM,  MITAYNES,  KELLES,  SIMON,  SEAWRIGHT,  TAPIA,
          FORREST -- read once and referred 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-four 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.
                                                                   LBD07888-01-5
        A. 3489                             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]  the  applicant's  control
     6  [and,  in  the  case  of  a  person receiving public assistance, did not
     7  result from the loss, theft or mismanagement of a regular public assist-
     8  ance grant]; and
     9    § 4. Section 350-j of the social services law is amended by  adding  a
    10  new subdivision 6 to read as follows:
    11    6.  In  instances  of fraud or theft of benefits occurring on or after
    12  January first, two thousand twenty-four, emergency assistance  to  needy
    13  families  with  children  benefits shall be issued in an amount equal to
    14  the value of stolen family assistance,  emergency  assistance  to  needy
    15  families, pandemic electronic benefit transfer benefits, or supplemental
    16  nutrition  assistance program benefits within seven days of the date the
    17  victim submits a signed statement documenting the theft. Where  replace-
    18  ment  benefits  are  being  issued  pursuant  to  this  subdivision, the
    19  district may reduce the amount designated to replace stolen supplemental
    20  nutrition assistance program benefits by any previously or contemporane-
    21  ously received benefits authorized by and  issued  pursuant  to  Section
    22  501(b)(2) of the Consolidated Appropriations Act of 2023, P.L.  117-328.
    23  Where  replacement  benefits  are issued pursuant to this subdivision to
    24  replace stolen supplemental nutrition assistance program  benefits,  the
    25  district  may require an assignment of any duplicative replacement bene-
    26  fits authorized by and issued  pursuant  to  Section  501(b)(2)  of  the
    27  Consolidated  Appropriations  Act  of  2023,  P.L.  117-328  should such
    28  replacement benefits become available at a future time.
    29    § 5. Section 159 of the social services law is amended by adding a new
    30  subdivision 13 to read as follows:
    31    13. Notwithstanding any other provision of law  to  the  contrary,  in
    32  instances  of  fraud or theft of benefits that occur on or after January
    33  first, two thousand twenty-four, the victim of such fraud or theft shall
    34  be provided emergency assistance benefits equal  to  the  value  of  the
    35  stolen  safety net assistance, emergency safety net assistance, pandemic
    36  electronic benefit transfer benefits, or supplemental nutrition  assist-
    37  ance program benefits within seven days of the date the victim submits a
    38  signed  statement  documenting the theft. Where replacement benefits are
    39  being issued pursuant to this subdivision, the district may  reduce  the
    40  amount  designated  to  replace stolen supplemental nutrition assistance
    41  program benefits by any previously or contemporaneously  received  bene-
    42  fits  authorized  by  and  issued  pursuant  to Section 501(b)(2) of the
    43  Consolidated Appropriations Act of 2023, P.L. 117-328. Where replacement
    44  benefits are issued pursuant  to  this  subdivision  to  replace  stolen
    45  supplemental  nutrition  assistance  program  benefits, the district may
    46  require an assignment of any duplicative replacement benefits authorized
    47  by and issued pursuant to Section 501(b)(2) of the  Consolidated  Appro-
    48  priations  Act  of  2023,  P.L. 117-328 should such replacement benefits
    49  become available at a future time.
    50    § 6. This act shall take effect immediately.