Senate Bill 2293

AN ACT TO AMEND SECTION 43-1-28, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE DEPARTMENT OF HUMAN SERVICES TO RESTRICT SUPPLEMENTAL NUTRITIONAL ASSISTANCE (FOOD STAMP) PAYMENTS TO PURCHASES OF HEALTHY FOOD AND BEVERAGES AS DETERMINED BY THE DEPARTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-1-28, Mississippi Code of 1972, is amended as follows:

43-1-28. (1) The Department of Human Services shall develop an on-line Electronic Benefit Transfer (EBT) system for the food stamp program in Mississippi as an alternative to issuing food stamp coupons. The (EBT) system developed by the department under this section shall (a) provide that food stamp benefits are stored in and issued from a central computer database and are electronically accessed by households at the point of sale through the use of reusable magnetic-stripe plastic cards; and (b) meet all requirements and standards specified in 7 USCS Section 2016(i) and the rules and regulations issued under that provision for approval by the Secretary of the United States Department of Agriculture.

(2) The department shall develop the (EBT) system and shall submit an application to the Secretary of the United States Department of Agriculture for approval of the system. After the (EBT) system has been approved, the department shall implement and operate the system as a pilot project in a county selected by the department. After the pilot project has been evaluated and approved by the United States Department of Agriculture, and subject to the availability of funds specifically appropriated therefor, the system may be expanded statewide at a rate determined by the Executive Director of the Department of Human Services. The system shall be expanded and implemented statewide not later than October 1, 2002.

(3) The department shall seek to obtain the maximum amount of federal financial participation available to fund the cost of administering the (EBT) system.

(4) The Department of Human Services may develop an on-line electronic benefit transfer (EBT) system for the Temporary Assistance for Needy Families (TANF) program in Mississippi as an alternative to issuing cash or voucher payments. The (EBT) system developed by the department under this section shall (a) provide that (TANF) benefits are stored in and issued from a central computer database and are electronically accessed; and (b) meet all requirements and standards specified in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), and the rules and regulations issued under that act. The department shall seek to obtain the maximum amount of federal financial participation available to fund the cost of administering the (EBT) system for (TANF) payments.

(5) In order to facilitate the acquisition and deployment of EBT products and services in Mississippi, the Department of Human Services (DHS) and the Mississippi Department of Information Technology Services (MDITS), at their discretion, may utilize (EBT) agreements from other states and/or multistate coalition agreements that allow other states to acquire (EBT) products and services. After going through the approved ITS bidding process and the state is unable to acquire an (EBT) contract, DHS and ITS may negotiate an (EBT) contract with any vendor who meets DHS and ITS, (EBT) requirements.

(6) The Department of Human Services is authorized and directed to request necessary waivers to restrict recipients of assistance under the Supplemental Nutritional Assistance Program (SNAP), formerly known as the Food Stamp Program, to the usage of SNAP benefits for the purchase of healthy food and healthy beverage only. The items of healthy food and healthy beverage eligible for purchase shall be promulgated by the Department of Human Services pursuant to regulations of the United States Department of Agriculture (USDA), taking into account the most recent and advanced scientific principles regarding good human health and fitness, in order to advance good health, well-being and fitness of the recipients.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.