Bill Text: NY A04452 | 2023-2024 | General Assembly | Amended
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 15-0)
Status: (Introduced - Dead) 2024-01-03 - referred to social services [A04452 Detail]
Download: New_York-2023-A04452-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4452--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08797-03-3A. 4452--A 2 1 idated Appropriations Act of 2023, P.L. 117-328 should such replacement 2 benefits become available at a future time. 3 § 3. Paragraph (e) of subdivision 2 of section 350-j of the social 4 services law, as amended by section 38 of part B of chapter 436 of the 5 laws of 1997, is amended to read as follows: 6 (e) such occurrence or situation could not have been foreseen by the 7 applicant[,] and was not under his or her control [and, in the case of a8person receiving public assistance, did not result from the loss, theft9or mismanagement of a regular public assistance grant]; and 10 § 4. Section 350-j of the social services law is amended by adding a 11 new subdivision 6 to read as follows: 12 6. In instances of fraud or theft of benefits occurring on or after 13 January first, two thousand twenty-two, emergency assistance to needy 14 families with children benefits shall be issued in an amount equal to 15 the value of stolen family assistance, emergency assistance to needy 16 families, pandemic electronic benefit transfer benefits, or supplemental 17 nutrition assistance program benefits within seven days of the date the 18 victim submits a signed statement documenting the theft. Where replace- 19 ment benefits are being issued pursuant to this subdivision, the 20 district may reduce the amount designated to replace stolen supplemental 21 nutrition assistance program benefits by any previously or contemporane- 22 ously received benefits authorized by and issued pursuant to Section 23 501(b)(2) of the Consolidated Appropriations Act of 2023, P.L. 117-328. 24 Where replacement benefits are issued pursuant to this subdivision to 25 replace stolen supplemental nutrition assistance program benefits, the 26 district may require an assignment of any duplicative replacement bene- 27 fits authorized by and issued pursuant to Section 501(b)(2) of the 28 Consolidated Appropriations Act of 2023, P.L. 117-328 should such 29 replacement benefits become available at a future time. 30 § 5. Section 159 of the social services law is amended by adding a new 31 subdivision 13 to read as follows: 32 13. Notwithstanding any other provision of law to the contrary, in 33 instances of fraud or theft of benefits that occur on or after January 34 first, two thousand twenty-two, the victim of such fraud or theft shall 35 be provided emergency assistance benefits equal to the value of the 36 stolen safety net assistance, emergency safety net assistance, pandemic 37 electronic benefit transfer benefits, or supplemental nutrition assist- 38 ance program benefits within seven days of the date the victim submits a 39 signed statement documenting the theft. Where replacement benefits are 40 being issued pursuant to this subdivision, the district may reduce the 41 amount designated to replace stolen supplemental nutrition assistance 42 program benefits by any previously or contemporaneously received bene- 43 fits authorized by and issued pursuant to Section 501(b)(2) of the 44 Consolidated Appropriations Act of 2023, P.L. 117-328. Where replacement 45 benefits are issued pursuant to this subdivision to replace stolen 46 supplemental nutrition assistance program benefits, the district may 47 require an assignment of any duplicative replacement benefits authorized 48 by and issued pursuant to Section 501(b)(2) of the Consolidated Appro- 49 priations Act of 2023, P.L. 117-328 should such replacement benefits 50 become available at a future time. 51 § 6. This act shall take effect immediately.
