A 7543: Authorizes the reissuance of SNAP benefits in instances of fraud or theft of such benefits.

  
  STATE OF NEW YORK ________________________________________________________________________ 7543 2025-2026 Regular Sessions  IN ASSEMBLY April 1, 2025 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to reissuing SNAP 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 152-d of the social services law, as added by 2 section 1 of part Y of chapter 56 of the laws of 2023 and subdivision 6 3 as added by chapter 70 of the laws of 2024, is amended to read as 4 follows: 5 § 152-d. Replacement of stolen public assistance or SNAP benefits. 1. 6 Notwithstanding section three hundred fifty-j of this article and subdi- 7 vision eleven of section one hundred thirty-one of this title, and in 8 accordance with this section, recipients of public assistance [recipi- 9 ents] and supplemental nutrition assistance program (SNAP) benefits 10 shall receive replacement assistance for the loss of public assistance, 11 as defined in subdivision nineteen of section two of this chapter, or 12 SNAP benefits, as described in section ninety-five of this chapter, in 13 instances when such public assistance [has] or SNAP benefits have been 14 stolen as a result of card skimming, cloning, third party misrepresen- 15 tation or other similar fraudulent activities, consistent with guidance 16 issued by the office of temporary and disability assistance. 17 2. The office of temporary and disability assistance shall establish a 18 protocol for recipients to report incidents of stolen public assistance 19 or SNAP benefits. This protocol will be administered by social services 20 districts pursuant to guidance issued by the office of temporary and 21 disability assistance. 22 3. Social services districts shall promptly replace stolen public 23 assistance or SNAP benefits, however, such replacement shall occur no 24 later than five business days after the social services district has 25 verified the public assistance [was] or SNAP benefits were stolen in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10750-01-5 
 A. 7543 2 1 accordance with guidance established by the office of temporary and 2 disability assistance consistent with federal and state laws, regu- 3 lations and guidance, provided, however, that social services districts 4 shall not ask recipients to obtain a police report or require any other 5 interaction with law enforcement unless required by federal law, regu- 6 lation, or guidance for either public assistance or supplemental nutri- 7 tion assistance program benefits. 8 4. For public assistance or SNAP benefits that [is] are verified as 9 stolen, replacement assistance shall be provided by the social services 10 district in accordance with this section as follows: 11 (a) the lesser of: (i) the amount of public assistance or SNAP bene- 12 fits that [was] were stolen; or (ii) the amount of public assistance or 13 SNAP benefits equal to two months of the monthly allotment of the house- 14 hold immediately prior to the date upon which the public assistance or 15 SNAP benefits that [was] were stolen; provided, however, the commission- 16 er may promulgate regulations for the provision of additional replace- 17 ment assistance in extenuating circumstances consistent with federal and 18 state laws, regulations and guidance; and 19 (b)(i) no more than twice in a federal fiscal year to cover public 20 assistance stolen on or after January first, two thousand twenty-two 21 through September thirtieth, two thousand twenty-four; [or] (ii) no more 22 than once in a federal fiscal year to cover public assistance stolen on 23 or after October first, two thousand twenty-four; or (iii) no more than 24 once in a fiscal year to cover SNAP benefits stolen after December twen- 25 tieth, two thousand twenty-four. 26 5. Any replacement assistance provided under this section shall be 27 exempt from recoupment and recovery provisions under title six of arti- 28 cle three of this chapter; provided, however, that assistance shall not 29 be exempt from recoupment and recovery if it is later determined that 30 the public assistance or SNAP benefits that [was] were replaced pursuant 31 to this section [was] were not stolen as a result of card skimming, 32 cloning, third party misrepresentation or other similar fraudulent 33 activities. 34 6. The office of temporary and disability assistance shall make a 35 model sign available on its website that can be used by any person, 36 firm, partnership, association or corporation required to inform indi- 37 viduals about electronic benefit transfer scams, including, but not 38 limited to, skimming, and the steps they can take to protect their bene- 39 fits in accordance with section three hundred ninety-e of the general 40 business law. 41 § 2. Section 95 of the social services law is amended by adding a new 42 subdivision 12 to read as follows: 43 12. Notwithstanding any other provision of law to the contrary, in 44 instances of fraud or theft of SNAP benefits, after December twentieth, 45 two thousand twenty-four, the office shall direct social services 46 districts to provide replacement assistance in the form of cash grants 47 equal to the lesser of: (a) the dollar value of the SNAP benefits that 48 were stolen; or (b) the dollar value equal to two months of the monthly 49 allotment of the household immediately prior to the date the SNAP bene- 50 fits were stolen; provided, however, that the commissioner may promul- 51 gate regulations for the provision of additional replacement assistance 52 in extenuating circumstances consistent with federal and state laws, 53 regulations and guidance. Replacement assistance shall be issued within 54 five days of the date the victim submits a signed statement documenting 55 the theft of such SNAP benefits. Any replacement assistance provided 
 A. 7543 3 1 under this subdivision shall be exempt from recoupment and recovery 2 provisions under title six of this article. 3 § 3. Subdivision 1 of section 303 of the social services law is 4 amended by adding a new paragraph (p) to read as follows: 5 (p) In the event of a reported theft of supplemental nutrition assist- 6 ance program (SNAP) benefits, emergency assistance equal to the lesser 7 of: (i) the amount of SNAP benefits that were stolen; or (ii) the amount 8 of SNAP benefits provided during the two most recent months prior to 9 such assistance being stolen; provided, however, that the commissioner 10 may promulgate regulations for the provision of additional replacement 11 assistance in extenuating circumstances consistent with federal and 12 state laws, regulations and guidance. Replacement assistance shall be 13 issued within five days of the date the victim submits a signed state- 14 ment documenting the theft of such SNAP benefits. Any replacement 15 assistance provided under this paragraph shall be exempt from recoupment 16 and recovery provisions under title six of article three of this chap- 17 ter. 18 § 4. Paragraph (e) of subdivision 2 of section 350-j of the social 19 services law, as amended by section 38 of part B of chapter 436 of the 20 laws of 1997, is amended to read as follows: 21 (e) such occurrence or situation could not have been foreseen by the 22 applicant[,] and was not under [his or her] such applicant's control 23 [and, in the case of a person receiving public assistance, did not 24 result from the loss, theft or mismanagement of a regular public assist- 25 ance grant]; and 26 § 5. Section 350-j of the social services law is amended by adding a 27 new subdivision 6 to read as follows: 28 6. In instances of fraud or theft of supplemental nutrition assistance 29 program (SNAP) benefits occurring after December twentieth, two thousand 30 twenty-four, emergency assistance to needy families with children bene- 31 fits shall be issued in an amount equal to the lesser of: (i) the amount 32 of SNAP benefits that were stolen; or (ii) the amount of SNAP benefits 33 provided during the two most recent months prior to such assistance 34 being stolen, within seven days of the date the victim submits a signed 35 statement documenting the theft of such benefits. Any replacement 36 assistance provided under this subdivision shall be exempt from recoup- 37 ment and recovery provisions under title six of article three of this 38 chapter. 39 § 6. Section 159 of the social services law is amended by adding a new 40 subdivision 13 to read as follows: 41 13. Notwithstanding any other provision of law to the contrary, in 42 instances of fraud or theft of supplemental nutrition assistance program 43 (SNAP) benefits that occur after December twentieth, two thousand twen- 44 ty-four, the victim of such fraud or theft shall be provided safety net 45 assistance benefits equal to the lesser of: (i) the amount of SNAP bene- 46 fits that were stolen; or (ii) the amount of SNAP benefits provided 47 during the two most recent months prior to such assistance being stolen, 48 within five days of the date the victim submits a signed statement docu- 49 menting the theft of such benefits. Any replacement assistance provided 50 under this subdivision shall be exempt from recoupment and recovery 51 provisions under title six of article three of this chapter. 52 § 7. This act shall take effect immediately.