S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3489
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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-FOUR 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.
                                                            LBD07888-01-5
              

 A. 3489                             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]  THE  APPLICANT'S  control
 [and,  in  the  case  of  a  person receiving public assistance, did not
 result from the loss, theft or mismanagement of a regular public assist-
 ance 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-FOUR, 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-FOUR, 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.