§ 95 — Supplemental nutrition assistance program (SNAP)

§ 95. Supplemental nutrition assistance program (SNAP). 1. (a) The\noffice is authorized to submit any plan required by the federal\ngovernment to participate in the supplemental nutrition assistance\nprogram (SNAP) to the secretary of the United States department of\nagriculture for approval, and to act for the state in any negotiations\nrelative to the submission and approval of such plan, and may make such\narrangements and take such action, not inconsistent with law, as may be\nrequired to obtain and retain such approval, to implement such plan, and\nto secure for the state the benefits available.\n (b) The office is authorized to accept a designation, in accordance\nwith the provisions of section twenty-nine of this chapter, under any\nother federal law which may make SNAP benefits available for needy\nfamilies and individuals, and to perform such functions as may be\nappropriate, permitted or required by or pursuant to such law.\n 2. The office is empowered, with the consent and approval of the\ngovernor, to delegate or assign to any other office or agency of the\nstate the performance of such function or functions under the plan or\ndesignation as may be appropriate and permitted or required by the\nappropriate federal law or regulations. Any state department or agency\nis hereby empowered and required to perform the function or functions so\ndelegated or assigned to it.\n 3. (a) Each commissioner of social services is authorized and\nrequired, in accordance with regulations of the office, to make\napplication for inclusion of his or her social services district in the\nfederal supplemental nutrition assistance program plan or plans and to\nassist needy families and individuals of his or her social services\ndistrict to obtain nutritionally adequate diets through participation in\nsuch federal plan or plans. However, only those persons who qualify for\nSNAP benefits in accordance with federal and state requirements, and\nstandards promulgated by the office, shall be certified as eligible to\nreceive such benefits.\n (b) Each commissioner of social services is authorized and required,\nsubject to state and federal requirements therefor, to act on behalf of\nthe office and receive, store, and issue SNAP benefits, either directly,\nor with the approval of the office, through a banking institution and/or\nother appropriate public or private agency.\n (c) Each commissioner of social services shall develop and submit to\nthe office for its approval a plan describing his or her district's\noperations under this section, which plan shall accord with federal and\nstate requirements.\n 4. A person's need or eligibility for public assistance and care shall\nnot be affected by his or her receipt of SNAP benefits.\n 5. Any inconsistent provision of law notwithstanding, the value of any\nSNAP benefits provided an eligible person shall not be considered income\nor resources for any purpose, including taxation.\n 6. (a) Any inconsistent provision of law notwithstanding, expenditures\nmade by a social services district for the purpose of certifying\neligibility of needy families and individuals, including those who are\nnot in receipt of public assistance and care, for SNAP benefits, and for\ndistributing and redeeming such benefits shall be deemed to be\nexpenditures for the administration of public assistance and care, and\nshall be subject to reimbursement by the state in accordance with the\nprovisions of section one hundred fifty-three of this chapter to the\nextent of one hundred percent in accordance with paragraph (b) of this\nsubdivision.\n (b) Such expenditures for supplemental nutrition assistance program\nadministrative costs shall be subject to reimbursement by the state in\naccordance with regulations to be promulgated by the office, which\nregulations shall be subject to the approval of the director of the\nbudget, shall be consistent with federal law and regulations, and shall\nbe based on:\n (i) an allocation of administrative costs attributable to both SNAP\nbenefits and safety net assistance to permit maximum use of federal\nfunds; and\n (ii) an allocation of administrative costs attributable to both SNAP\nbenefits and temporary assistance for needy families such that only\nthose administrative costs that cannot be allocated to temporary\nassistance for needy families are allocated to supplemental nutrition\nassistance program, provided, however, that if federal law, regulations,\nor cost allocation procedures require those administrative costs that\nmay be allocated to be allocated between temporary assistance for needy\nfamilies and SNAP benefits, then the administrative costs so allocated\nto SNAP benefits shall be reimbursed as costs of public assistance and\ncare in accordance with the provisions of paragraphs a and d of\nsubdivision one of section one hundred fifty-three of this chapter.\n 7. a. When an eligible recipient under this section is issued an\nauthorization to participate in the supplemental nutrition assistance\nprogram by written or electronic means, such authorization to\nparticipate:\n (i) May be redeemed for SNAP benefits at designated redemption centers\nby the recipient or by an authorized representative. When an eligible\nrecipient under this section is issued SNAP benefits, such SNAP benefits\nmay be used to purchase food items from a food distributor by the\nrecipient or by an authorized representative. Any other transfer or\nsale of authorizations to participate or SNAP benefits shall constitute\nan unauthorized use of said authorizations or benefits;\n (ii) Shall require the office of temporary and disability assistance\nto provide the state education department a dataset which contains a\nlisting of students ages three to eighteen who receive federal\nassistance through the supplemental nutrition assistance program (SNAP)\nand temporary assistance to needy families (TANF).\n (iii) The state education department shall make such dataset available\nto all schools (public and nonpublic) that participate in: the National\nSchool Lunch, School Breakfast, Summer Food Service, or Special Milk\nprograms with a free milk option of the availability of such dataset.\n (iv) All schools identified in subparagraph (iii) of this paragraph\nshall access such dataset outlined in subparagraph (ii) of this\nparagraph at least three times a year and identify such child as\neligible for free meals/milk and such child may receive free meals/milk\nwithout further application. Upon identification, such school shall\nnotify the student's parent or guardian of such eligibility. Such\nnotification shall also contain an opportunity to decline the receipt of\nfree meals/milk. In the event a school receives notification to decline\nthe free meals/milk benefit the child shall be removed from the free\neligibility list in such program.\n (b) For the purposes of this subdivision, "authorized representative"\nshall be defined in regulations promulgated by the commissioner.\n 8. Except as part of a transaction pursuant to subdivision seven of\nthis section or as necessary for a food distributor to redeem SNAP\nbenefits subsequent to such a transaction, any acquisition, acceptance,\npurchase, possession, sale, transfer, alteration or manufacture of\nauthorizations to participate or SNAP benefits, real or counterfeit, by\nany person shall constitute an unauthorized use of said authorizations\nor benefits. For purposes of this subdivision, the term "person" shall\nmean any individual, corporation, partnership, association, agency, or\nother legal entity, or any part thereof.\n 9.(a) The parent or other individual who is living with and exercising\nparental control over a child under the age of eighteen who has an\nabsent parent is not eligible to participate in the supplemental\nnutrition assistance program if such person refuses to cooperate with\nthe office in establishing the paternity of the child (if the child is\nborn out of wedlock) and in obtaining support for the child or the\nparent (or other individual) and the child. This paragraph does not\napply to the parent (or other individual) if the office determines that\nthere is good cause for the refusal to cooperate.\n (b) A putative or identified noncustodial parent of a child under the\nage of eighteen is not eligible to participate in the supplemental\nnutrition assistance program if such individual refuses to cooperate\nwith the office in establishing the paternity of the child (if the child\nis born out of wedlock) and in providing support for the child. The use\nof the information collected pursuant to this paragraph shall be limited\nto the purposes for which the information is collected and is subject to\nthe confidentiality provisions set forth in section one hundred\nthirty-six of this chapter.\n (c) To the extent not inconsistent with federal law and regulations,\nan individual is not eligible to participate in the supplemental\nnutrition assistance program as a member of any household if the\nindividual is under court order to pay child or combined child and\nspousal support and has accumulated support arrears equivalent to or\ngreater than the amount of current support due for a period of four\nmonths.\n 10. Notwithstanding any other provision of law to the contrary, the\noffice shall develop a brief, simplified application form for the\nsupplemental nutrition assistance program only. The office shall develop\nthe form in consultation with food stamp outreach organizations and\nconsider how the form may be used to reach as many potential applicants\nas possible, especially those over sixty years of age and those who are\nemployed.\n 11. (a) Notwithstanding any other provision of law to the contrary,\nthe office shall establish a statewide restaurant meals program as part\nof SNAP. Under the restaurant meals program, households containing\nelderly or disabled members, and their spouses, as defined in 7 U.S.C.\n2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall\nhave the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP\nbenefits at private establishments that contract with the office to\noffer meals for eligible individuals at concessional prices subject to 7\nU.S.C. 2018(h).\n (b) The office shall adopt any rules necessary to implement the\nprovisions of this subdivision.\n