SB 963: RELATING TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

A BILL FOR AN ACT

RELATING TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding four new sections to part II to be appropriately designated and to read as follows:

     "§346-A  Supplemental nutrition assistance program; ineligible households.  The department shall exercise its option under federal regulations to prorate or exclude certain income from household members who are ineligible for the supplemental nutrition assistance program by:

     (1)  Counting only the proportionate share of income from those household members ineligible for the supplemental nutrition assistance program due to immigration status or other federally permitted exclusion criteria, as allowed under federal regulations; and

     (2)  Ensuring that household benefit calculations are completed in a manner that does not unduly penalize eligible household members.

     §346-B  Supplemental nutrition assistance program; standard medical deduction.  (a)  Pursuant to federal guidance, the department shall establish a standardized medical expense deduction option for elderly or disabled household members, as defined under federal regulations, who incur medical expenses above the federal minimum threshold.  The department shall apply a standard medical expense deduction for all eligible households, in lieu of requiring verification of actual medical expenses, to the extent allowed by federal law.

     (b)  Households with documented medical expenses exceeding the standard deduction may opt to claim actual medical expenses.

     §346-C  Supplemental nutrition assistance program; pre‑release application program.  (a)  In accordance with federal guidance, the department shall establish a pre-release supplemental nutrition assistance program application process for individuals who are incarcerated and scheduled for release.  The department shall:

     (1)  Partner with correctional facilities to identify eligible individuals within a specified time frame before their release date;

     (2)  Facilitate the completion and submission of supplemental nutrition assistance program applications so that benefits, if approved, are available immediately upon or shortly after release;

     (3)  Provide information, counseling, and assistance with supplemental nutrition assistance program eligibility criteria to incarcerated individuals transitioning back into the community;

     (4)  Seek any necessary federal waivers, approvals, or clarifications to effectuate this section; and

     (5)  Comply with all applicable federal rules governing supplemental nutrition assistance program application and eligibility processes, ensuring that no benefits are issued to an incarcerated individual before their release.

     (b)  The department shall adopt rules pursuant to chapter 91 for the purposes of this section.

     §346-D  Supplemental nutrition assistance program; reports.  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2026.  The annual report shall include:

     (1)  Data on the implementation and utilization of the supplemental nutrition program options established pursuant to sections 346-A, 346-B, and 346-C, including the number and characteristics of participating households;

     (2)  The administrative costs savings or changes resulting from the adoption of these options;

     (3)  An analysis of the impact of these options on participation rates in the State's supplemental nutrition assistance program and benefit adequacy; and

     (4)  Recommendations for any proposed changes or improvements."

     SECTION 2.  Section 346-53.3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§346-53.3[]]  Temporary assistance for needy families and [food stamps] supplemental nutrition assistance program for individuals with a felony conviction [which] that has as an element the possession, use, or distribution of a controlled substance.  Section 115(a) of Public Law 104-193 shall not apply in Hawaii [to persons who are complying with treatment or who have not refused or failed to comply with treatment]."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on December 31, 2050.

Report Title:

DHS; Supplemental Nutrition Assistance Program; Ineligible Income; Standard Medical Deduction; Incarcerated Individuals; Pre-release Application Process; Reports; Personal Responsibility and Work Opportunity Reconciliation Act; Drug Felony Ban; Temporary Assistance for Needy Families

Description:

Requires the Department of Human Services to:  (1) Prorate or exclude certain income from household members who are ineligible for the Supplemental Nutrition Assistance Program (SNAP) in determining SNAP household eligibility and benefit levels; (2) Establish a standardized medical expense deduction option for elderly or disabled household members who incur medical expenses above the federal minimum threshold; (3) Establish a pre-release SNAP application process for individuals who are incarcerated and scheduled for release; and submit annual reports to the Legislature.  Specifies that the restriction under federal law prohibiting individuals convicted of certain drug-related felonies from receiving SNAP benefits and Temporary Assistance for Needy Families (TANF) benefits does not apply in Hawaii.  Repeals treatment compliance requirements for TANF benefits.  Effective 12/31/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the supplemental nutrition assistance program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding four new sections to part II to be appropriately designated and to read as follows:

     "§346-A  Supplemental nutrition assistance program; ineligible households.  The department shall exercise its option under federal regulations to prorate or exclude certain income from household members who are ineligible for the supplemental nutrition assistance program by:

     (1)  Counting only the proportionate share of income from those household members ineligible for the supplemental nutrition assistance program due to immigration status or other federally permitted exclusion criteria, as allowed under federal regulations; and

     (2)  Ensuring that household benefit calculations are completed in a manner that does not unduly penalize eligible household members.

     §346-B  Supplemental nutrition assistance program; standard medical deduction.  (a)  Pursuant to federal guidance, the department shall establish a standardized medical expense deduction option for elderly or disabled household members, as defined under federal regulations, who incur medical expenses above the federal minimum threshold.  The department shall apply a standard medical expense deduction for all eligible households, in lieu of requiring verification of actual medical expenses, to the extent allowed by federal law.

     (b)  Households with documented medical expenses exceeding the standard deduction may opt to claim actual medical expenses.

     §346-C  Supplemental nutrition assistance program; pre‑release application program.  (a)  In accordance with federal guidance, the department shall establish a pre-release supplemental nutrition assistance program application process for individuals who are incarcerated and scheduled for release.  The department shall:

     (1)  Partner with correctional facilities to identify eligible individuals within a specified time frame before their release date;

     (2)  Facilitate the completion and submission of supplemental nutrition assistance program applications so that benefits, if approved, are available immediately upon or shortly after release;

     (3)  Provide information, counseling, and assistance with supplemental nutrition assistance program eligibility criteria to incarcerated individuals transitioning back into the community;

     (4)  Seek any necessary federal waivers, approvals, or clarifications to effectuate this section; and

     (5)  Comply with all applicable federal rules governing supplemental nutrition assistance program application and eligibility processes, ensuring that no benefits are issued to an incarcerated individual before their release.

     (b)  The department shall adopt rules pursuant to chapter 91 for the purposes of this section.

     §346-D  Supplemental nutrition assistance program; reports.  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2026.  The annual report shall include:

     (1)  Data on the implementation and utilization of the supplemental nutrition program options established pursuant to sections 346-A, 346-B, and 346-C, including the number and characteristics of participating households;

     (2)  The administrative costs savings or changes resulting from the adoption of these options;

     (3)  An analysis of the impact of these options on participation rates in the State's supplemental nutrition assistance program and benefit adequacy; and

     (4)  Recommendations for any proposed changes or improvements."

     SECTION 2.  Section 346-53.3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§346-53.3[]]  Temporary assistance for needy families and [food stamps] supplemental nutrition assistance program for individuals with a felony conviction [which] that has as an element the possession, use, or distribution of a controlled substance.  [Section] (a)  For purposes of temporary assistance for needy families, section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are complying with treatment or who have not refused or failed to comply with treatment.

     (b)  For purposes of the supplemental nutrition assistance program, section 115(a) of Public Law 104-193 shall not apply in Hawaii."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Supplemental Nutrition Assistance Program; Ineligible Income; Drug Felony Ban; Standard Medical Deduction; Pre-release Application Form; DHS

Description:

For the Supplemental Nutrition Assistance Program, requires the Department of Human Services to:  (1) prorate or exclude certain income from household members who are ineligible for the Program; (2) establish a standardized medical expense deduction option for elderly or disabled household members; (3) establish a pre-release Program application form for individuals who are incarcerated and scheduled for release; and (4) report to the Legislature.  Specifies that, for purposes of the Supplemental Nutrition Assistance Program, the federal restriction of providing Program benefits to certain individuals does not apply in Hawaii.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 644

Honolulu, Hawaii

RE:    S.B. No. 963

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 963 entitled:

"A BILL FOR AN ACT RELATING TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of Human Services to:

          (A)  Prorate or exclude certain income from household members who are ineligible for the Supplemental Nutrition Assistance Program (SNAP) in determining SNAP household eligibility and benefit levels;

          (B)  Establish a standardized medical expense deduction option for elderly or disabled household members who incur medical expenses above the federal minimum threshold;

          (C)  Establish a pre-release SNAP application process for individuals who are incarcerated and scheduled for release; and

          (D)  Submit annual reports to the Legislature; and

     (2)  Specify that, for purposes of SNAP, the federal restriction on providing SNAP benefits to certain individuals does not apply in Hawaii.

     Your Committee received testimony in support of this measure from the Hawaii Food Industry Association; Hawaii Appleseed Center for Law and Economic Justice; AAUW of Hawaii; Hawaiʻi Alliance for Progressive Action; Hawaii Substance Abuse Coalition; Hawaii Food Bank, Inc.; Hawaiʻi Farmers Union United; AlohaCare; Aloha United Way, Inc.; Catholic Charities Hawaiʻi; and seven individuals.

     Your Committee received comments on this measure from the Department of Human Services.

     Your Committee finds that SNAP provides food benefits to supplement the grocery budget for low-income households and is a vital resource serving more than 160,000 residents in the State.  Your Committee further finds that SNAP benefits are funded by the federal government and administered by the states, who are given certain flexibilities in how their programs are administered.  Your Committee also finds that section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193 (PRWORA), generally prohibits individuals convicted of certain drug-related felonies from receiving SNAP benefits and Temporary Assistance for Needy Families (TANF) benefits; however, federal law allows states to exempt their residents from this restriction.  This measure expands access to SNAP benefits for residents in Hawaii by removing financial obstacles relating to the household income eligibility criteria, allowing incarcerated individuals to apply for SNAP benefits before being released, and exempting the residents from being subject to the PRWORA restriction for SNAP benefits.

     Your Committee acknowledges the concerns raised in testimony by the Department of Human Services regarding the discrepancy between the proposed PRWORA exemption for SNAP benefits and the existing PRWORA exemption for TANF benefits for State residents.  Specifically, existing law allows the PRWORA exemption for TANF benefits only if the person is complying with treatment or has not refused or failed to comply with treatment, whereas the proposed exemption language for SNAP benefits does not include this condition.  Therefore, amendments to this measure are necessary to repeal the treatment compliance requirement for TANF benefits to align with the proposed exemption for SNAP benefits.

     Accordingly, your Committee has amended this measure by:

     (1)  Repealing language from existing law to clarify that neither TANF nor SNAP recipients need to comply with treatment; and

     (2)  Inserting an effective date of December 31, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 963, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 963, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,