The Department may implement a Supplemental Nutrition Assistance Program in accordance with the federal Supplemental Nutrition Assistance Program. The Supplemental Nutrition Assistance Program shall include: a Restaurant Meals Program in accordance with § 5–505 of this subtitle; and a Heat and Eat Program in accordance with § 5–506 of this subtitle. The State shall bear the nonfederal portion of the administrative costs of the Supplemental Nutrition Assistance Program for each county. Each local department shall administer the Supplemental Nutrition Assistance Program: under the supervision and control of the Department; and in accordance with the regulations of the Department and federal law. If a household includes an individual who is at least 60 years old and receives a federally funded benefit in an amount less than $50 per month under the Supplemental Nutrition Assistance Program, the State shall provide a supplement to increase the total benefit to $50 per month.

In this section, “child” means an individual who is under the age of 19 years at any time during a calendar year. Subject to subsections (e) and (f) of this section, if a household includes an individual who receives a federally funded benefit under the food supplement program, the State shall provide matching funds to a county to supplement benefits received under § 5–501 of this subtitle for each child in the household. For each child in the household, the combined State and county supplement under paragraph (1) of this subsection shall equal at least: $30 per month in the months of June, July, and August; and $10 in the month of December. A supplement provided under subsection (b)(2)(i) of this section shall be added to the household food supplement program benefit account in June, July, and August. A supplement provided under subsection (b)(2)(ii) of this section shall be added to the household food supplement program benefit account in December. A household may not receive more than one supplement per child under subsection (b) of this section. To receive funding in the following fiscal year for the supplements under subsection (b) of this section, a county shall submit an application to the Department on or before the date established by the Department. The application shall include the following information: the number of program participants to be served; the county’s commitment to conducting an evaluation to assess the effectiveness of the program; certification of the availability of local share funds; and any other relevant information required by the Department. On or before the date established by the Department, the Department shall notify each county that submitted a complete application of the amount of funding available in the next fiscal year for supplements under subsection (b) of this section. Receipt of available funding under subparagraph (i) of this paragraph is contingent on approval by the Department of a county’s final plan submitted in accordance with paragraph (3) of this subsection. On or before the date established by the Department, a county that is notified of available funding shall submit a final plan to the Department that includes: a communication plan, coordinated with the Department, to inform eligible families of the food supplement program and the supplements available under this section; if funding is not sufficient to provide a minimum supplement of $100 to all children in the county receiving food supplement program benefits in the fiscal year, a designation of which children will be eligible to receive the supplements under this section; the criteria used to determine eligibility under item (ii) of this paragraph; and an evaluation plan to measure: the impact of the supplements on recipients; food supplement program participation; and any other relevant information required by the Department. The Department shall review a final plan submitted under paragraph (3) of this subsection and approve or reject the final plan. The Department shall notify a county of its decision under subparagraph (i) of this paragraph on or before April 1. If the Department rejects a county’s final plan, the county may submit a revised final plan for approval on or before April 15. If the Department approves a county’s final plan, the Department shall certify the amount of funding that will be provided for the county in the following fiscal year. Each county with an approved final plan shall be awarded funding in accordance with subsection (f) of this section. The State and local shares of funding required for a county with an approved final plan shall be equal to the State and local share percentages established by the State and local cost–share formula for that county required under § 5–303(d)(3)(i) of the Education Article. Except as provided in subparagraph (ii) of this paragraph, in each fiscal year, the Department shall provide the State share of funds for each county with an approved final plan for the fiscal year in an amount equal to the product of: the total amount of funds appropriated under subsection (g) of this section; and the number of children in households that receive a federal benefit under the food supplement program in the county, divided by the total number of children in households that receive a federal benefit under the food supplement program in all counties with an approved final plan. The amount of funds provided to a county under subparagraph (i) of this paragraph may not be greater than the State share amount that corresponds to the maximum available local share funds certified under subsection (e)(1)(ii)3 of this section. A county may provide funding in addition to the funding required under paragraph (1) of this subsection to increase the number of supplements provided in the county. Funding provided by a county under subparagraph (i) of this paragraph may not affect the amount of funding the Department is required to provide under paragraph (2) of this subsection. Subject to the State budget, the Department may use the funding the State is required to provide under subsection (b)(1) of this section to: provide funds to a county to supplement benefits; and offset administrative costs of the federal Summer Electronic Benefit Transfer Program.

Except as provided in § 5-503 of this subtitle, if any provision of this subtitle conflicts with any federal law, the federal law shall prevail.

Subject to the State budget, the Department shall provide food supplement benefits to a legal immigrant who: is a minor; is ineligible for federally funded Supplemental Nutrition Assistance Program benefits because of immigration status; meets all other Supplemental Nutrition Assistance Program eligibility requirements; and meets any other requirements of the State.

A person may not sell or purchase Supplemental Nutrition Assistance Program benefits unless otherwise authorized by law. A person may not knowingly buy or sell merchandise that has been purchased with Supplemental Nutrition Assistance Program benefits. If the value of the money or goods involved is $1,000 or more, a person who violates this section is guilty of a felony and on conviction: is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court. If the value of the money or goods involved is less than $1,000, a person who violates this section is guilty of a misdemeanor and on conviction: is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both; and shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court.

In this section, “RMP” means the Restaurant Meals Program. There is a Restaurant Meals Program within the Supplemental Nutrition Assistance Program in the Department. The purpose of the RMP is to expand food access to individuals who: do not have a place to store and cook food; may not be able to prepare food; or do not have access to a grocery store. A household eligible under subsection (d) of this section to participate in the RMP may purchase hot prepared foods at participating restaurants using a Supplemental Nutrition Assistance Program benefit. A household is eligible to participate in the RMP if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law, and the household: lacks a fixed, regular, and adequate nighttime residence; includes only individuals who are: 60 years of age or older; or designated disabled by a government entity; includes only an individual and the individual’s spouse if the individual is: 60 years of age or older; or designated disabled by a government entity; or includes only: individuals who are 60 years of age or older; and individuals who are designated disabled by a government entity. Before participating in the RMP, a restaurant shall: submit an application and be approved under a process determined by the Department; become a Supplemental Nutrition Assistance Program provider licensed by the U.S. Department of Agriculture; and be able to process electronic benefit transaction card payments at the point of sale. Each local department shall administer the RMP as part of the Supplemental Nutrition Assistance Program authorized under § 5–501 of this subtitle, in accordance with federal law. The Department shall adopt regulations: to verify household eligibility for participation in the RMP; to establish eligibility standards, an application process, and an approval process for restaurants to participate in the RMP; and otherwise necessary to carry out this section.

In this section, “standard utility allowance” means a Maryland Energy Assistance Program payment to a household that is at least $21 per year. There is a Heat and Eat Program within the Supplemental Nutrition Assistance Program in the Department. The purpose of the Heat and Eat Program is to expand food access to households that are receiving or eligible for Supplemental Nutrition Assistance Program benefits. A household is eligible to participate in the Heat and Eat Program if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law. In determining the eligibility of a household to receive Supplemental Nutrition Assistance Program benefits, the Department shall apply a standard utility allowance to the shelter deduction that is used for the purpose of determining countable gross income for Supplemental Nutrition Assistance Program eligibility. The Department shall adopt regulations: to verify household eligibility for participation in the Heat and Eat Program; and otherwise necessary to carry out this section.