§ 95. Supplemental nutrition assistance program (SNAP). 1. (a) The
office is authorized to submit any plan required by the federal
government to participate in the supplemental nutrition assistance
program (SNAP) to the secretary of the United States department of
agriculture for approval, and to act for the state in any negotiations
relative to the submission and approval of such plan, and may make such
arrangements and take such action, not inconsistent with law, as may be
required to obtain and retain such approval, to implement such plan, and
to secure for the state the benefits available.

(b) The office is authorized to accept a designation, in accordance
with the provisions of section twenty-nine of this chapter, under any
other federal law which may make SNAP benefits available for needy
families and individuals, and to perform such functions as may be
appropriate, permitted or required by or pursuant to such law.

2. The office is empowered, with the consent and approval of the
governor, to delegate or assign to any other office or agency of the
state the performance of such function or functions under the plan or
designation as may be appropriate and permitted or required by the
appropriate federal law or regulations. Any state department or agency
is hereby empowered and required to perform the function or functions so
delegated or assigned to it.

3. (a) Each commissioner of social services is authorized and
required, in accordance with regulations of the office, to make
application for inclusion of his or her social services district in the
federal supplemental nutrition assistance program plan or plans and to
assist needy families and individuals of his or her social services
district to obtain nutritionally adequate diets through participation in
such federal plan or plans. However, only those persons who qualify for
SNAP benefits in accordance with federal and state requirements, and
standards promulgated by the office, shall be certified as eligible to
receive such benefits.

(b) Each commissioner of social services is authorized and required,
subject to state and federal requirements therefor, to act on behalf of
the office and receive, store, and issue SNAP benefits, either directly,
or with the approval of the office, through a banking institution and/or
other appropriate public or private agency.

(c) Each commissioner of social services shall develop and submit to
the office for its approval a plan describing his or her district's
operations under this section, which plan shall accord with federal and
state requirements.

4. A person's need or eligibility for public assistance and care shall
not be affected by his or her receipt of SNAP benefits.

5. Any inconsistent provision of law notwithstanding, the value of any
SNAP benefits provided an eligible person shall not be considered income
or resources for any purpose, including taxation.

6. (a) Any inconsistent provision of law notwithstanding, expenditures
made by a social services district for the purpose of certifying
eligibility of needy families and individuals, including those who are
not in receipt of public assistance and care, for SNAP benefits, and for
distributing and redeeming such benefits shall be deemed to be
expenditures for the administration of public assistance and care, and
shall be subject to reimbursement by the state in accordance with the
provisions of section one hundred fifty-three of this chapter to the
extent of one hundred percent in accordance with paragraph (b) of this
subdivision.

(b) Such expenditures for supplemental nutrition assistance program
administrative costs shall be subject to reimbursement by the state in
accordance with regulations to be promulgated by the office, which
regulations shall be subject to the approval of the director of the
budget, shall be consistent with federal law and regulations, and shall
be based on:

(i) an allocation of administrative costs attributable to both SNAP
benefits and safety net assistance to permit maximum use of federal
funds; and

(ii) an allocation of administrative costs attributable to both SNAP
benefits and temporary assistance for needy families such that only
those administrative costs that cannot be allocated to temporary
assistance for needy families are allocated to supplemental nutrition
assistance program, provided, however, that if federal law, regulations,
or cost allocation procedures require those administrative costs that
may be allocated to be allocated between temporary assistance for needy
families and SNAP benefits, then the administrative costs so allocated
to SNAP benefits shall be reimbursed as costs of public assistance and
care in accordance with the provisions of paragraphs a and d of
subdivision one of section one hundred fifty-three of this chapter.

7. a. When an eligible recipient under this section is issued an
authorization to participate in the supplemental nutrition assistance
program by written or electronic means, such authorization to
participate:

(i) May be redeemed for SNAP benefits at designated redemption centers
by the recipient or by an authorized representative. When an eligible
recipient under this section is issued SNAP benefits, such SNAP benefits
may be used to purchase food items from a food distributor by the
recipient or by an authorized representative. Any other transfer or
sale of authorizations to participate or SNAP benefits shall constitute
an unauthorized use of said authorizations or benefits;

(ii) Shall require the office of temporary and disability assistance
to provide the state education department a dataset which contains a
listing of students ages three to eighteen who receive federal
assistance through the supplemental nutrition assistance program (SNAP)
and temporary assistance to needy families (TANF).

(iii) The state education department shall make such dataset available
to all schools (public and nonpublic) that participate in: the National
School Lunch, School Breakfast, Summer Food Service, or Special Milk
programs with a free milk option of the availability of such dataset.

(iv) All schools identified in subparagraph (iii) of this paragraph
shall access such dataset outlined in subparagraph (ii) of this
paragraph at least three times a year and identify such child as
eligible for free meals/milk and such child may receive free meals/milk
without further application. Upon identification, such school shall
notify the student's parent or guardian of such eligibility. Such
notification shall also contain an opportunity to decline the receipt of
free meals/milk. In the event a school receives notification to decline
the free meals/milk benefit the child shall be removed from the free
eligibility list in such program.

(b) For the purposes of this subdivision, "authorized representative"
shall be defined in regulations promulgated by the commissioner.

8. Except as part of a transaction pursuant to subdivision seven of
this section or as necessary for a food distributor to redeem SNAP
benefits subsequent to such a transaction, any acquisition, acceptance,
purchase, possession, sale, transfer, alteration or manufacture of
authorizations to participate or SNAP benefits, real or counterfeit, by
any person shall constitute an unauthorized use of said authorizations
or benefits. For purposes of this subdivision, the term "person" shall
mean any individual, corporation, partnership, association, agency, or
other legal entity, or any part thereof.

9.(a) The parent or other individual who is living with and exercising
parental control over a child under the age of eighteen who has an
absent parent is not eligible to participate in the supplemental
nutrition assistance program if such person refuses to cooperate with
the office in establishing the paternity of the child (if the child is
born out of wedlock) and in obtaining support for the child or the
parent (or other individual) and the child. This paragraph does not
apply to the parent (or other individual) if the office determines that
there is good cause for the refusal to cooperate.

(b) A putative or identified noncustodial parent of a child under the
age of eighteen is not eligible to participate in the supplemental
nutrition assistance program if such individual refuses to cooperate
with the office in establishing the paternity of the child (if the child
is born out of wedlock) and in providing support for the child. The use
of the information collected pursuant to this paragraph shall be limited
to the purposes for which the information is collected and is subject to
the confidentiality provisions set forth in section one hundred
thirty-six of this chapter.

(c) To the extent not inconsistent with federal law and regulations,
an individual is not eligible to participate in the supplemental
nutrition assistance program as a member of any household if the
individual is under court order to pay child or combined child and
spousal support and has accumulated support arrears equivalent to or
greater than the amount of current support due for a period of four
months.

10. Notwithstanding any other provision of law to the contrary, the
office shall develop a brief, simplified application form for the
supplemental nutrition assistance program only. The office shall develop
the form in consultation with food stamp outreach organizations and
consider how the form may be used to reach as many potential applicants
as possible, especially those over sixty years of age and those who are
employed.

11. (a) Notwithstanding any other provision of law to the contrary,
the office shall establish a statewide restaurant meals program as part
of SNAP. Under the restaurant meals program, households containing
elderly or disabled members, and their spouses, as defined in 7 U.S.C.
2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall
have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP
benefits at private establishments that contract with the office to
offer meals for eligible individuals at concessional prices subject to 7
U.S.C. 2018(h).

(b) The office shall adopt any rules necessary to implement the
provisions of this subdivision.