2015 -- H 5576

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LC001278

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

     Introduced By: Representatives Morgan, Roberts, Filippi, Lancia, and Giarrusso

     Date Introduced: February 25, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-6-8 of the General Laws in Chapter 40-6 entitled "Public

Assistance Act" is hereby amended to read as follows:

     40-6-8. Supplemental nutrition assistance program (SNAP). -- (a) The department

shall have the responsibility to administer the food stamp program for the state in compliance

with the provisions of the federal Food Stamp Act of 1964, as amended, 7 U.S.C. § 2011 et seq.

The supplemental nutrition assistance program (SNAP) is and shall be the new title of the

program formerly known as the food stamp program. All references in the Rhode Island general

laws to food stamps shall be deemed to mean, apply to, refer to, and be interpreted in accordance

with the supplemental nutrition assistance program (SNAP).

      (b) The department is empowered and authorized to submit its plan for food stamps to

the federal government or any agency or department of it. The department shall act for the state in

any negotiations relative to the submission and approval of a plan, and may make any

arrangement or changes in its plan not inconsistent with this chapter which may be required by

the Food Stamp Act or the rules and regulations promulgated pursuant to it to obtain and retain

such approval and to secure for this state the benefits of the provisions of the federal act relating

to food stamps. The department shall make reports to the federal government or any agency or

department of it in the form and nature required by it, and in all respects comply with any request

or direction of the federal government or any agency or department of it, which may be necessary

to assure the correctness and verification of the reports.

      (c) The department is authorized and directed to pay one hundred percent (100%) of the

state's share of the administrative cost involved in the operation of the food stamp program.

      (d) No person shall be ineligible for food stamp benefits due solely to the restricted

eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), 21 U.S.C. § 862a(a)(2), and

as this section may hereafter be amended.

     (e) Each recipient of food stamp benefits shall present photo identification when using an

EBT card, and each retailer shall request and inspect such photo identification at each transaction

to ensure that the individual presenting the EBT card is the person identified by the photo

identification. Failure to request such photo identification and perform such verification of

identity shall result in the suspension of the retailer's privilege of accepting EBT cards for

payment of any transactions for a period of one month for each offense. The department is

authorized to promulgate regulations implementing the provisions of this subsection consistent

herewith. The penalty provided in this subsection shall be in addition to the penalties provided in

§ 40-6-16, and a successful prosecution under that section shall not be a necessary precedent for

the penalty provided herein.

     (f) Where the recipient of food stamp benefits is mentally or physically disabled, there is

an exception to the requirement to present photo identification. In such case, a caregiver is

authorized to use the EBT card on behalf of the recipient. The department is authorized and

directed to promulgate rules and procedures whereby this exception shall be implemented.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

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     This act would require retailers to examine photo identification to verify that a buyer

presenting an EBT card ("food stamps") is in fact the person entitled to use the card. It further

provides that a retailer who neglects to perform such verification shall be suspended from the

program for one month. Where the recipient of food stamp benefits is mentally or physically

disabled, a caregiver is authorized to use the EBT card on behalf of the recipient and a photo ID

will not be needed since.

     This act would take effect upon passage.

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