S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4736
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. 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, THE
 OFFICE SHALL DIRECT SOCIAL SERVICES  DISTRICTS  TO  PROVIDE  REPLACEMENT
 BENEFITS  IN  INSTANCES  OF  FRAUD  OR  THEFT  OF SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM BENEFITS EQUAL TO THE VALUE OF BENEFITS STOLEN ON  OR
 AFTER  JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO WITHIN SEVEN DAYS OF THE
 DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT,  USING
 FUNDS  FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, AS AUTHORIZED
 PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT  OF
 2023,  P.L.  117-328, EMERGENCY SAFETY NET ASSISTANCE, EMERGENCY ASSIST-
 ANCE TO FAMILIES, OR EMERGENCY ASSISTANCE TO ADULTS, AS APPLICABLE.
   § 2. 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 EMERGENCY ASSISTANCE PREVIOUS-
 LY  ISSUED  PURSUANT  TO THIS SECTION OR THEFT OF SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM BENEFITS, EMERGENCY ASSISTANCE EQUAL TO THE VALUE  OF
 THE  STOLEN BENEFITS SHALL BE PROVIDED WITHIN SEVEN DAYS OF THE DATE THE
 VICTIM SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT. WHERE  REPLACE-
 MENT  BENEFITS HAVE BEEN ISSUED PURSUANT TO THIS PARAGRAPH, THE DISTRICT
 MAY REQUIRE  AN  ASSIGNMENT  OF  ANY  DUPLICATIVE  REPLACEMENT  BENEFITS
 AUTHORIZED  BY  AND  ISSUED PURSUANT TO SECTION 501(B)(2) OF THE CONSOL-
 IDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328 SHOULD SUCH  REPLACEMENT
 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
              

 
   §  3.  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 control [and, in the case of a
 person receiving public assistance, did not result from the loss,  theft
 or mismanagement of a regular public assistance grant]; and
   §  4.  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 BENEFITS OCCURRING  ON  OR  AFTER
 JANUARY  FIRST,  TWO  THOUSAND TWENTY-TWO, EMERGENCY ASSISTANCE TO NEEDY
 FAMILIES WITH CHILDREN BENEFITS SHALL BE ISSUED IN AN  AMOUNT  EQUAL  TO
 THE  VALUE  OF  STOLEN  FAMILY ASSISTANCE, EMERGENCY ASSISTANCE TO NEEDY
 FAMILIES, PANDEMIC ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL
 NUTRITION ASSISTANCE PROGRAM BENEFITS WITHIN SEVEN DAYS OF THE DATE  THE
 VICTIM  SUBMITS A SIGNED STATEMENT DOCUMENTING THE THEFT. WHERE REPLACE-
 MENT BENEFITS  ARE  BEING  ISSUED  PURSUANT  TO  THIS  SUBDIVISION,  THE
 DISTRICT MAY REDUCE THE AMOUNT DESIGNATED TO REPLACE STOLEN SUPPLEMENTAL
 NUTRITION ASSISTANCE PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANE-
 OUSLY  RECEIVED  BENEFITS  AUTHORIZED  BY AND ISSUED PURSUANT TO SECTION
 501(B)(2) OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L.  117-328.
 WHERE REPLACEMENT BENEFITS ARE ISSUED PURSUANT TO  THIS  SUBDIVISION  TO
 REPLACE  STOLEN  SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE
 DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT  BENE-
 FITS  AUTHORIZED  BY  AND  ISSUED  PURSUANT  TO SECTION 501(B)(2) OF THE
 CONSOLIDATED APPROPRIATIONS  ACT  OF  2023,  P.L.  117-328  SHOULD  SUCH
 REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME.
   § 5. 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 BENEFITS THAT OCCUR ON OR  AFTER  JANUARY
 FIRST,  TWO THOUSAND TWENTY-TWO, THE VICTIM OF SUCH FRAUD OR THEFT SHALL
 BE PROVIDED EMERGENCY ASSISTANCE BENEFITS EQUAL  TO  THE  VALUE  OF  THE
 STOLEN  SAFETY NET ASSISTANCE, EMERGENCY SAFETY NET ASSISTANCE, PANDEMIC
 ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL NUTRITION  ASSIST-
 ANCE PROGRAM BENEFITS WITHIN SEVEN DAYS OF THE DATE THE VICTIM SUBMITS A
 SIGNED  STATEMENT  DOCUMENTING THE THEFT. WHERE REPLACEMENT BENEFITS ARE
 BEING ISSUED PURSUANT TO THIS SUBDIVISION, THE DISTRICT MAY  REDUCE  THE
 AMOUNT  DESIGNATED  TO  REPLACE STOLEN SUPPLEMENTAL NUTRITION ASSISTANCE
 PROGRAM BENEFITS BY ANY PREVIOUSLY OR CONTEMPORANEOUSLY  RECEIVED  BENE-
 FITS  AUTHORIZED  BY  AND  ISSUED  PURSUANT  TO SECTION 501(B)(2) OF THE
 CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328. WHERE REPLACEMENT
 BENEFITS ARE ISSUED PURSUANT  TO  THIS  SUBDIVISION  TO  REPLACE  STOLEN
 SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  BENEFITS, THE DISTRICT MAY
 REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT BENEFITS AUTHORIZED
 BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE  CONSOLIDATED  APPRO-
 PRIATIONS  ACT  OF  2023,  P.L. 117-328 SHOULD SUCH REPLACEMENT BENEFITS
 BECOME AVAILABLE AT A FUTURE TIME.
   § 6. This act shall take effect immediately.