Section 95. Food stamp program

1.  (a) The department is authorized to
  submit the plan required by the  federal  food  stamp  act  of  nineteen
  hundred  sixty-four,  to  the  secretary  of  the  federal 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 under such act.
    (b)   The  department  is  authorized  to  accept  a  designation,  in
  accordance with the provisions of section twenty-nine, under  any  other
  federal  law which may make food stamps 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  department is empowered, with the consent and approval of the
  governor, to delegate or assign to any other department 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  department,  to  make
  application for inclusion of his social services district in the federal
  food stamp plan or plans and to assist needy families and individuals of
  his  social  services  district  to  obtain nutritionally adequate diets
  through participation in such federal food stamp plan or plans. However,
  only those persons who  qualify  for  food  stamps  in  accordance  with
  federal  and  state  requirements,  and  standards  promulgated  by  the
  department, shall be certified as eligible to receive such stamps.
    (b) Each commissioner of social services is authorized  and  required,
  subject  to state and federal requirements therefor, to act on behalf of
  the department  and  receive,  store,  and  issue  food  stamps,  either
  directly,  or  with  the  approval  of the department, through a banking
  institution and/or other appropriate public or private agency.
    (c) Each commissioner of social services shall develop and  submit  to
  the  department  for  its  approval  a  plan  describing  his 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 receipt of food stamps.
    5. Any inconsistent provision of law notwithstanding, the value of any
  free  food  stamps  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 food stamps,  and  for
  distributing   and   redeeming   such  stamps  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 food stamp  administrative  costs  shall  be
  subject  to reimbursement by the state in accordance with regulations to
  be promulgated by the department, 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  food
  stamps and home relief to permit maximum use of federal funds; and
    (ii)  an  allocation of administrative costs attributable to both food
  stamps and aid to dependent children such that only those administrative
  costs that  cannot  be  allocated  to  aid  to  dependent  children  are
  allocated  to the food stamp program, provided, however, that if federal
  law,  regulations,  or  cost   allocation   procedures   require   those
  administrative  costs  that may be allocated to be allocated between aid
  to dependent children and food stamps, then the administrative costs  so
  allocated  to  food  stamps  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. When  an  eligible  recipient  under  this  section  is  issued  an
  authorization  to  participate  in  the food stamp program by written or
  electronic means, such authorization to participate may be redeemed  for
  food  stamp  program  coupons  at  designated  redemption centers by the
  recipient or by an authorized representative. When an eligible recipient
  under this section is issued food stamp program coupons, such food stamp
  program coupons  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  food  stamp
  program   coupons   shall   constitute   an  unauthorized  use  of  said
  authorizations  or  coupons.  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 food stamp
  program  coupons  subsequent  to  such  a  transaction, any acquisition,
  acceptance,  purchase,  possession,  sale,   transfer,   alteration   or
  manufacture  of  authorizations  to  participate  or  food stamp program
  coupons,  real  or  counterfeit,  by  any  person  shall  constitute  an
  unauthorized use of said authorizations or coupons. 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 food  stamp  program
  if  such person refuses to cooperate with the department 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  department 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 food stamp program
  if   such  individual  refuses  to  cooperate  with  the  department  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 food stamp 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.  (a)  Social services districts are authorized to operate a food
  assistance program in accordance with  regulations  promulgated  by  the
  office  of  temporary and disability assistance within the department of
  family assistance. Social services district participation  in  the  food
  assistance  program  is optional. Districts opting to participate in the
  food assistance  program  shall  provide  written  notification  to  the
  office.  Such written notification shall include, but not be limited to,
  a statement whereby the district agrees to  operate  a  food  assistance
  program  in  accordance with federal and state statutory, regulatory and
  policy requirements.
    (b) In order to be eligible to receive benefits in the food assistance
  program, a person must:
    (i) be otherwise fully eligible to receive federal food stamp benefits
  except for the provisions of section four hundred two  of  the  Personal
  Responsibility  And  Work  Opportunity  Reconciliation Act of 1996 (P.L.
  104-193) as amended by the Farm Security and  Rural  Investment  Act  of
  2002 (P.L. 107-171); and
    (ii)  on  August twenty-second, nineteen hundred ninety-six, have been
  living in the United States; and
    (iii) (1) be identified as  a  victim  of  domestic  violence  through
  procedures  outlined  in  section  three  hundred  forty-nine-a  of this
  chapter or classified as a qualified alien through  application  of  the
  provisions contained in subsection (c) of 8 USC §1641; or
    (2) be elderly as defined by 7 USC 2012; and
    (iv)  not have been absent from the United States for more than ninety
  days within the twelve month period immediately preceding  the  date  of
  application for the food assistance program; and
    (v)  apply to the United States department of justice, immigration and
  naturalization services for United States citizenship. If the  applicant
  for  the  food assistance program is eligible to apply for United States
  citizenship, such application shall be made no later  than  thirty  days
  from  the  date  of  application for the food assistance program. If the
  applicant for the food assistance program is not eligible to  apply  for
  United  States  citizenship  on  the  date  of  application for the food
  assistance program, such application for citizenship  must  be  made  no
  later  than  thirty  days after the person becomes eligible to apply for
  United States citizenship in accordance with  the  requirements  of  the
  United States immigration and naturalization services.
    (c)  Social  services  districts  shall be financially responsible for
  fifty percent of  the  non-federal  share  of  the  necessary  costs  of
  operating  the food assistance program, including the cost of purchasing
  the food stamps  and  any  other  payments  to  the  federal  government
  required for participating in the program. To the extent that the office
  of temporary and disability assistance makes expenditures to operate the
  food  assistance  program  on  behalf of a social services district, the
  participating social services district shall reimburse  the  office  for
  fifty percent of the non-federal share of such costs.
    (d)  Any  provision  of federal or state law or regulations imposing a
  sanction, fine, disqualification or other  penalty,  including  criminal
  penalties,  for  any violation of such law or regulation with respect to
  the food stamp program shall apply to the food assistance program.
    (e) The office of temporary and disability assistance is authorized to
  submit a plan to the federal government in accordance with  federal  law
  (P.L.  105-18)  in  order to secure federal approval to operate the food
  assistance program in accordance with that law. Such plan shall describe
  the conditions and procedures under which the benefits  will  be  issued

  including eligibility standards, benefit levels, and the methodology the
  office will use to determine the payments due to the federal government.
    (f) The office of temporary and disability assistance is authorized to
  purchase  food  stamps  from  the federal government for use in the food
  assistance program and to make such other expenditures as are  necessary
  to   operate  the  program.  The  office  of  temporary  and  disability
  assistance may operate the food  assistance  program  using  food  stamp
  coupons or other access devices including an electronic benefit transfer
  card,  personal  identification number or debit card. To the extent that
  such means of benefit issuance is being  used  by  participants  in  the
  federal food stamp program in New York state.
    (g)  At  the  time  of application for the food assistance program, an
  applicant shall, as a condition of receiving  such  assistance,  present
  proof  of  identity  to  the  social  services official as the office of
  temporary and disability assistance may require by  regulation  and  the
  applicant  shall provide such proof thereafter whenever required by such
  official. The commissioner of the social services district shall require
  that  a  recipient  of  food  assistance  benefits   comply   with   the
  requirements  of an automated fraud prevention system as established for
  recipients  of  public  assistance  and  care  in  accordance  with  the
  provisions  of  this  chapter.  Such  system  shall be used to establish
  personally unique identification factors to prevent fraud  and  multiple
  enrollments. The social services district shall be responsible for fifty
  percent  of  the  costs  of  establishing  and  operating such system in
  accordance  with  paragraph  (c)   of   this   subdivision.   Personally
  identifying  information about applicants for and recipients of the food
  assistance program obtained through the establishment  or  operation  of
  the  system  by the office, social services districts or by a contractor
  shall be kept  confidential  in  accordance  with  section  one  hundred
  thirty-six of this chapter and the regulations of the office.
    (h)  Any  inconsistent  provision of law notwithstanding, in the event
  the federal government assesses a penalty, sanction, or fine because  of
  a  social  services district's incorrect issuance of food stamp benefits
  in cases where the household consists of  both  federally  participating
  food  stamp  program recipients and recipients under the food assistance
  program, social services districts shall be responsible for one  hundred
  percent  of  the  penalty,  sanction,  or  fine  assessed by the federal
  government.
    (i) The  commissioner  of  the  office  of  temporary  and  disability
  assistance  is authorized to file regulations on an emergency basis that
  are deemed by the commissioner to be necessary  to  implement  the  food
  assistance program.
    (j)  If any clause, sentence, paragraph or subdivision of this section
  shall be adjudged by any court of competent jurisdiction to be  invalid,
  such  judgement  shall  not  affect,  impair or invalidate the remainder
  thereof, but shall be confined in its operation to the clause, sentence,
  paragraph or subdivision thereof directly involved in the controversy in
  which such judgement shall have been rendered.
    (k) This subdivision shall be effective only when and for so  long  as
  that   federal   approval,  as  set  forth  in  paragraph  (e)  of  this
  subdivision, has been obtained. This  subdivision  shall  terminate  and
  cease  to  be  in force and effect on and after September thirtieth, two
  thousand five.
    * NB Expired September 30, 2005
    11. Notwithstanding any other provision of law to  the  contrary,  the
  office  of  temporary and disability assistance within the department of
  family assistance shall develop a brief, simplified application form for
  the food stamp program only. The  office  of  temporary  and  disability

  assistance  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.