senate Bill S3905A

Requires applicants for public assistance to submit to a drug test

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 26 / Feb / 2013
    • REFERRED TO SOCIAL SERVICES
  • 26 / Aug / 2013
    • AMEND (T) AND RECOMMIT TO SOCIAL SERVICES
  • 26 / Aug / 2013
    • PRINT NUMBER 3905A
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES

Summary

Enacts the "welfare reform act" to require applicants for public assistance to submit to a drug test; provides that the illegal use of a controlled substance, indicated in such a test, shall result in the denial of public assistance benefits; such provisions do not apply to persons 65 or older; prohibits the sale or purchase of alcoholic beverages, tobacco products or lottery tickets with public assistance benefits; prohibits the use of public assistance benefits, by means of an electronic benefit transfer transaction, at a liquor store, casino or adult entertainment facility; establishes the public assistance integrity fund.

do you support this bill?

Bill Details

Versions:
S3905
S3905A
Legislative Cycle:
2013-2014
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §132, add §§147-a & 147-b, Soc Serv L; add §85, St Fin L
Versions Introduced in 2011-2012 Legislative Cycle:
S5728

Sponsor Memo

BILL NUMBER:S3905A

TITLE OF BILL: An act to amend the social services law, in relation
to drug testing of certain public assistance applicants, prohibiting
the sale or purchase of alcoholic beverages, tobacco products or
lottery tickets with public assistance benefits and prohibiting use of
or access to such benefits in a casino, liquor store or adult
entertainment facility; and to amend the state finance law, in
relation to establishing the public assistance integrity fund

PURPOSE:

This legislation will require applicants for public assistance to
submit to a drug test.

SUMMARY OF PROVISIONS:

Section Two - amends subdivision 4 of section 132 of the social
services law by adding section 23 of part B of chapter 436 of the laws
of 1997 to stipulate the condition of a head of household or of any
adult applicant who is under the age of sixty-five years to include a
urine drug test screening process for illegal use of controlled
substances in consolation with the department of health to receive
public assistance benefits.

Section Two - amends the screening process to include an indication
when there is reason to believe an applicant or recipient is engaged
in the illegal use of controlled substance. If the assessment,
performed directly by the district or pursuant to contract with the
district indicates the use of illegal or controlled substances the
head of the household or applicant with be immediately denied any
public assistance benefits. The social services official will then
refer ineligible applicants for public assistants to a treatment
program or licensed certified program that meet the needs of the
individual.

Section Two - stipulates anyone who fails to participate in the urine
drug test screening or assessment shall also be ineligible for public
assistance. Other Members of a household of those who have failed to
participate in the screening or assessment and are under the age of
eighteen years will be eligible to receive assistance through a
"safety net assistance." A "safety net assistance" is defined as a
custodian appointed by the social services who is eligible for public
assistance.

Section Two - any person denied benefits pursuant to this legislation
may reapply for such benefits upon submission to another drug test and
the return result of such test which is negative for the illegal use
of controlled substances.

Section Five - this act shall take effect on February 22, 2014.

JUSTIFICATION:

This legislation will strengthen New York's social services law, which
already requires applicants of public assistance to be screened for
alcohol and/or substance abuse, but does not currently prescribe how


the screening will be conducted. The current legislation also does not
define consequences for a failed substance abuse test. This
legislation stipulates if a person applying for public assistance
tests positive for illegal use of a controlled substance, they will be
referred to a treatment program and denied public assistance. This
legislation will also deny public assistance for those who refuse a
drug test. Residents of New York State receiving public assistance
will also be required to be screened for alcohol and/or substance
abuse every 6 months.

In these tough economic times it is imperative that those who have
fallen victim to our economy are protected with a safety net.
However, using tax-payer dollars to fuel drug addiction and drug
related crime and violence is unacceptable and must come to an end.
In no way should taxpayers be subsidizing drug use. This legislation
is one way to not only tighten our belts, and ensure public assistance
funds are used for their intended purpose, but to get those people
suffering from addiction the help they need.

LEGISLATIVE HISTORY:

01/14/12 Referred to social services.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on February 22, 2014.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3905--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced by Sens. BALL, RITCHIE -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Social Services --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the social services law, in relation to drug testing of
  certain public assistance applicants, prohibiting the sale or purchase
  of alcoholic beverages,  tobacco  products  or  lottery  tickets  with
  public  assistance  benefits  and prohibiting use of or access to such
  benefits in a casino, liquor store or  adult  entertainment  facility;
  and  to  amend  the state finance law, in relation to establishing the
  public assistance integrity fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Short title. This act shall be known and may be cited as
the "welfare reform act".
  S 2.  Subdivision 4 of section 132 of  the  social  services  law,  as
added  by section 23 of part B of chapter 436 of the laws of 1997, para-
graphs (a) and (c) as amended by chapter 214 of the laws of 1998,  para-
graphs  (d),  (e),  (f) and (g) as amended by section 43-a and paragraph
(i) as added by section 44 of part C of chapter 58 of the laws of  2008,
is amended to read as follows:
  4.  (a)  Investigation  into [the cause of] the condition of a head of
household or of any adult applicant  [or  recipient  and  the  treatment
which  will  be  helpful  to  such  person],  WHO  IS  UNDER  THE AGE OF
SIXTY-FIVE YEARS, shall include a URINE DRUG TEST screening PROCESS  for
[alcohol  and/or  substance  abuse] ILLEGAL USE OF CONTROLLED SUBSTANCES
using a standardized screening [instrument] PROCESS to be  developed  by
the  office  of  alcoholism and substance abuse services in consultation
with the department OF HEALTH.  Such screening shall be performed  by  a
social  services  district  at the time of application [and periodically
thereafter but not more frequently than every  six  months,  unless  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07289-03-3

S. 3905--A                          2

district has reason to believe that an applicant or recipient is abusing
or dependent on alcohol or drugs, in accordance with regulations promul-
gated  by  the  department]  AT THE EXPENSE OF SUCH HEAD OF HOUSEHOLD OR
ADULT APPLICANT.
  (b)  When  the  screening  process  indicates  that there is reason to
believe that an applicant or recipient is [abusing or dependent on alco-
hol or drugs] ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE,  the
social  services  district  shall [require a formal alcohol or substance
abuse assessment, which may include drug testing, to be performed by  an
alcohol  and/or  substance abuse professional credentialed by the office
of alcoholism and  substance  abuse  services.  The  assessment  may  be
performed  directly  by  the  district  or pursuant to contract with the
district] IMMEDIATELY DENY SUCH HEAD OF HOUSEHOLD OR APPLICANT,  WHO  IS
UNDER  THE AGE OF SIXTY-FIVE YEARS, FROM RECEIVING ANY PUBLIC ASSISTANCE
BENEFITS.
  (c) The social services official shall refer applicants and recipients
whom it determines are presently INELIGIBLE FOR PUBLIC ASSISTANCE  BENE-
FITS  DUE  TO  A  POSITIVE  DRUG  TEST RESULT AND THUS unable to work by
reason of their need for treatment  for  [alcohol  or]  substance  abuse
[based  on  the  formal  assessment]  to a treatment program licensed or
certified by the office of alcoholism and substance  abuse  services  or
operated  by the United States office of veterans affairs and determined
by the social services official to meet the rehabilitation needs of  the
individual.  When  residential  treatment  is  appropriate  for a single
custodial parent, the  social  services  official  shall  make  diligent
efforts  to refer the parent to a program that would allow the family to
remain intact for the duration of the treatment.
  (d) A person, WHO IS UNDER THE AGE OF SIXTY-FIVE YEARS, who  fails  to
participate  in the URINE DRUG TEST screening or in the assessment shall
be ineligible for public assistance. Other members of a household [which
includes a person who has failed to  participate  in  the  screening  or
assessment]  UNDER  THE AGE OF EIGHTEEN YEARS shall, if otherwise eligi-
ble, receive public assistance only through [safety  net  assistance]  A
CUSTODIAN  OF SUCH ASSISTANCE APPOINTED BY THE SOCIAL SERVICES DISTRICT,
if [they] SUCH MEMBERS are otherwise eligible for public assistance.
  (e) [A person referred to a treatment program  pursuant  to  paragraph
(c)  of this subdivision, and the household with which he or she resides
shall receive safety net assistance while the person is participating in
such treatment, if  the  household  is  otherwise  eligible  for  public
assistance. If a person referred to treatment cannot participate in that
treatment  because treatment is not presently available, that person and
the household with which he or she  resides  shall  receive  safety  net
assistance if the household is otherwise eligible for public assistance.
  (f)  If  an  applicant or recipient is required, pursuant to paragraph
(c) of this subdivision, to participate in an appropriate rehabilitation
program and refuses to participate in such program without good cause or
leaves such program prior to completion  of  the  program  without  good
cause,  provided  that  program completion shall be solely determined by
the guidelines and rules of such rehabilitation program, or if an appli-
cant or recipient has been suspended from the receipt of social security
disability benefits or supplemental security income benefits  by  reason
of noncompliance with requirements of the federal social security admin-
istration for treatment for substance abuse or alcohol abuse, the person
will be disqualified from receiving public assistance as follows:

S. 3905--A                          3

  (i)  for  the first failure to participate in or complete the program,
until the failure ceases or for forty-five  days,  whichever  period  of
time is longer;
  (ii)  for the second such failure, until the failure ceases or for one
hundred twenty days, whichever period of time is longer; and
  (iii) for the third and subsequent failures, until the failure  ceases
or for one hundred eighty days, whichever period is longer.
  Good cause shall be defined in regulations by the commissioner.
  The  household with which the person resides shall continue to receive
safety net assistance if otherwise eligible.
  (g) Persons disqualified from receiving public assistance pursuant  to
paragraph  (f)  of  this subdivision who would otherwise be eligible for
public assistance and who return to required treatment prior to the  end
of  the  disqualification  period  and are receiving residential care as
defined in paragraph (d) of subdivision three  of  section  two  hundred
nine of this chapter shall be eligible for safety net assistance.
  (h)  Notwithstanding any inconsistent provision of section one hundred
thirty-one-o of this article, if a recipient required to participate  in
an  appropriate  treatment  program  pursuant  to  paragraph (c) of this
subdivision receives a personal needs allowance, such allowance shall be
made as a restricted payment to the treatment program  and  shall  be  a
conditional  payment.  If  such  recipient  leaves the treatment program
prior to the completion of such program, any accumulated personal  needs
allowance  will  be considered an overpayment and returned to the social
services district which provided the personal needs allowance.
  (i) Compliance with the provisions of this subdivision  shall  not  be
required as a condition of applying for or receiving medical assistance]
ANY  PERSON  WHO SUBMITS TO A DRUG TEST PURSUANT TO THIS SUBDIVISION AND
HIS  OR  HER  TEST  IS  NEGATIVE  FOR  THE  ILLEGAL  USE  OF  CONTROLLED
SUBSTANCES,  SHALL BE REIMBURSED BY THE SOCIAL SERVICES DISTRICT FOR THE
EXPENSE OF SUCH TEST.
  (F) ANY PERSON DENIED BENEFITS PURSUANT TO THIS SUBDIVISION MAY  REAP-
PLY  FOR  SUCH  BENEFITS  UPON  SUBMISSION  TO ANOTHER DRUG TEST AND THE
RETURN RESULT OF SUCH TEST WHICH IS NEGATIVE  FOR  THE  ILLEGAL  USE  OF
CONTROLLED SUBSTANCES.
  S  3.  The  social  services law is amended by adding two new sections
147-a and 147-b to read as follows:
  S 147-A. PENALTIES FOR THE PURCHASE OR SALE  OF  ALCOHOLIC  BEVERAGES,
TOBACCO  PRODUCTS OR LOTTERY TICKETS WITH PUBLIC ASSISTANCE BENEFITS. 1.
FOR THE PURPOSES OF THIS SECTION,  "PUBLIC  ASSISTANCE  BENEFITS"  MEANS
MONEY  OR  PROPERTY  PROVIDED DIRECTLY OR INDIRECTLY THROUGH PROGRAMS OF
THE FEDERAL GOVERNMENT, THE STATE OR ANY POLITICAL SUBDIVISION  THEREOF,
AND ADMINISTERED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR
SOCIAL SERVICES DISTRICTS.
  2.  NO  RECIPIENT  OF  PUBLIC ASSISTANCE BENEFITS SHALL USE ALL OR ANY
PORTION OF SUCH BENEFITS FOR THE PURCHASE  OF  ANY  ALCOHOLIC  BEVERAGE,
TOBACCO   PRODUCT  OR  LOTTERY  TICKET.  ANY  PERSON  WHO  VIOLATES  THE
PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST  SUCH  VIOLATION  BE
DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF
DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR  A
PERIOD  OF  ONE  MONTH,  UPON  A  FINDING  OF A SECOND SUCH VIOLATION BE
DISQUALIFIED FROM RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY  MEANS  OF
DIRECT  CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
ASSISTANCE  BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC BENE-

S. 3905--A                          4

FITS TRANSFER ACCESS DEVICE.  SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.  NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER OR ANY  OTHER  LAW  TO  THE  CONTRARY,  NO
APPLICANT  FOR PUBLIC ASSISTANCE BENEFITS SHALL BE APPROVED UNLESS HE OR
SHE ATTESTS TO THE FACT THAT ALCOHOLIC BEVERAGES, TOBACCO  PRODUCTS  AND
LOTTERY  TICKETS  ARE PRODUCTS WHICH ARE PROHIBITED FROM BEING PURCHASED
WITH SUCH BENEFITS PURSUANT TO THIS SECTION. SUCH ATTESTATION  SHALL  BE
IN  A  FORM  PRESCRIBED  BY THE COMMISSIONER OF TEMPORARY AND DISABILITY
ASSISTANCE.
  3. NO PERSON ENGAGED IN RETAIL SALES, OR ANY AGENT OR EMPLOYEE  THERE-
OF, SHALL SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE, TOBACCO PRODUCT
OR  LOTTERY  TICKET TO ANY OTHER PERSON IN EXCHANGE FOR OR FOR CONSIDER-
ATION OF PUBLIC ASSISTANCE BENEFITS BY MEANS OF AN  ELECTRONIC  BENEFITS
TRANSFER  ACCESS  DEVICE. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SUBDIVISION SHALL BE SUBJECT TO A CIVIL FINE OF ONE HUNDRED DOLLARS  FOR
THE  FIRST  SUCH VIOLATION, A CIVIL FINE OF FIVE HUNDRED DOLLARS FOR THE
SECOND SUCH VIOLATION WITHIN ANY FIVE YEAR PERIOD OF TIME,  AND  UPON  A
FINDING OF A THIRD OR A SUBSEQUENT VIOLATION WITHIN ANY FIVE YEAR PERIOD
OF  TIME  THE  LICENSE,  PERMIT  OR  CERTIFICATION ISSUED TO SUCH PERSON
PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW,  AND/OR  ARTICLE  TWENTY
AND/OR ARTICLE THIRTY-FOUR OF THE TAX LAW SHALL BE SUSPENDED.
  4. IN ANY PROCEEDING BROUGHT AGAINST THE OPERATOR OF A RETAIL BUSINESS
ENGAGED  IN  RETAIL SALES, PURSUANT TO SUBDIVISION THREE OF THIS SECTION
WHEN THE UNLAWFUL SALE WAS MADE BY AN AGENT OR EMPLOYEE OF THE  OPERATOR
OF  SUCH  BUSINESS,  IT SHALL BE AN AFFIRMATIVE DEFENSE IN FAVOR OF SUCH
OPERATOR THAT, AT THE TIME OF SUCH ALLEGED VIOLATION, THE BUSINESS OPER-
ATOR CAN AND DOES PRODUCE PROOF THAT THE AGENT OR EMPLOYEE WHO COMMITTED
SUCH VIOLATION COMPLETED A  TRAINING  PROGRAM  ESTABLISHED  PURSUANT  TO
SUBDIVISION FIVE OF THIS SECTION.
  5.  A.   THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
PROMULGATE RULES AND REGULATIONS THAT WOULD DEVELOP AND ESTABLISH CRITE-
RIA FOR TRAINING PROGRAMS ON THE PROHIBITION ON THE SALE AND PURCHASE OF
ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND LOTTERY  TICKETS  IN  EXCHANGE
FOR  PUBLIC ASSISTANCE BENEFITS. SUCH TRAINING MAY BE GIVEN AND ADMINIS-
TERED BY SCHOOLS; OTHER  ENTITIES  INCLUDING  TRADE  ASSOCIATIONS  WHOSE
MEMBERS  ARE  ENGAGED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES, TOBACCO
PRODUCTS AND/OR LOTTERY TICKETS; AND NATIONAL AND  REGIONAL  FRANCHISORS
WITH  AT LEAST FIVE FRANCHISES IN THE STATE WHICH ENGAGE IN THE SALES OF
ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND/OR LOTTERY TICKETS. THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROVIDE FOR THE ISSUANCE OF
CERTIFICATES OF APPROVAL TO  ALL  CERTIFIED  TRAINING  PROGRAMS  ON  THE
PROHIBITION  ON  THE  SALE  AND PURCHASE OF ALCOHOLIC BEVERAGES, TOBACCO
PRODUCTS AND/OR LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE  BENE-
FITS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE OFFICE OF TEMPORARY
AND  DISABILITY  ASSISTANCE  FOR FAILURE TO ADHERE TO THE COMMISSIONER'S
RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL AFFORD THOSE WHO
HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN OPPORTUNITY FOR A  HEARING
PRIOR  TO  ANY  DETERMINATION  OF  WHETHER  SUCH  CERTIFICATE  SHOULD BE
REVOKED.  THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL
ADOPT  RULES TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
MINIMUM REQUIREMENTS FOR THE CURRICULUM OF EACH  SUCH  TRAINING  PROGRAM
AND THE REGULAR TRAINING OF AGENTS AND EMPLOYEES HOLDING CERTIFICATES OF
COMPLETION OR RENEWAL CERTIFICATES.
  B.    TO  EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, THE OFFICE OF
TEMPORARY  AND  DISABILITY  ASSISTANCE  IS  EMPOWERED  TO   REQUIRE   IN
CONNECTION  WITH  AN  APPLICATION  THE SUBMISSION OF SUCH INFORMATION AS

S. 3905--A                          5

SUCH OFFICE MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS  AND  OF  ALL
REPORTS  IT  DEEMS  NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE
HOLDER; TO CONDUCT INVESTIGATIONS, TO REQUIRE MAINTENANCE OF SUCH  BOOKS
AND  RECORDS AS SUCH OFFICE MAY DIRECT; AND TO CANCEL, REVOKE OR SUSPEND
FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION.
  C. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A TRAINING PROGRAM ON
THE PROHIBITION ON THE SALE AND PURCHASE OF ALCOHOLIC BEVERAGES, TOBACCO
PRODUCTS AND LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE  BENEFITS
SHALL  ISSUE CERTIFICATES OF COMPLETION TO ALL PERSONS ENGAGED IN RETAIL
SALES, AND THE AGENTS AND EMPLOYEES THEREOF  WHO  SUCCESSFULLY  COMPLETE
SUCH  APPROVED TRAINING PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT TO
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE THE  NAMES,  ADDRESSES
AND  DATES  OF  ATTENDANCE OF ALL SUCH PERSONS, AGENTS AND EMPLOYEES WHO
SUCCESSFULLY COMPLETE AN APPROVED  TRAINING  PROGRAM.  SUCH  TRANSMITTAL
SHALL  BE IN A FORM AND MANNER PRESCRIBED BY SUCH OFFICE.  A CERTIFICATE
OF COMPLETION OR RENEWAL THEREOF ISSUED BY AN ENTITY AUTHORIZED TO  GIVE
AND  ADMINISTER  A  TRAINING  PROGRAM  PURSUANT  TO  THIS SUBDIVISION TO
PERSONS ENGAGED IN RETAIL SALES, AND THE AGENTS  AND  EMPLOYEES  THEREOF
SHALL  NOT  BE  INVALIDATED  BY A CHANGE OF EMPLOYER.  ATTENDANCE AT ANY
COURSE ESTABLISHED PURSUANT TO THIS  SUBDIVISION  SHALL  BE  IN  PERSON,
THROUGH  DISTANCE  LEARNING  METHODS OR THROUGH AN INTERNET BASED ONLINE
PROGRAM.  EACH CERTIFICATE OF APPROVAL, RENEWAL AND  COMPLETION  THEREOF
SHALL BE ISSUED FOR A PERIOD OF THREE YEARS.
  S  147-B.  PROHIBITION OF USE OF PUBLIC ASSISTANCE BENEFITS IN CERTAIN
FACILITIES. 1. FOR THE PURPOSES OF THIS SECTION:
  A. "ELECTRONIC BENEFIT TRANSFER TRANSACTION" MEANS THE USE OF A CREDIT
CARD OR DEBIT CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,  POINT-OF-SALE
TERMINAL  OR  ACCESS  TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR
THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  B. "CASINO" MEANS ANY CASINO, GAMING ESTABLISHMENT OR GAMBLING CASINO,
BUT SHALL NOT INCLUDE:
  (I) ANY RETAIL STORE WHICH  SELLS  GROCERIES  INCLUDING  STAPLE  FOODS
(WITHIN  THE  MEANING  OF  SECTION 3(R) OF THE FOOD AND NUTRITION ACT OF
2008 (7 U.S.C. 2012 (R)), AND WHICH ALSO OFFERS OR IS LOCATED WITHIN THE
SAME BUILDING OR COMPLEX AS CASINO, GAMBLING OR GAMING ACTIVITIES; OR
  (II) ANY OTHER ESTABLISHMENT THAT OFFERS CASINO,  GAMBLING  OR  GAMING
ACTIVITIES  INCIDENTAL  TO THE PRINCIPAL PURPOSE OF THE BUSINESS OF SUCH
ESTABLISHMENT.
  C. "LIQUOR STORE" MEANS ANY RETAIL ESTABLISHMENT WHICH EXCLUSIVELY  OR
PRIMARILY  SELLS  ALCOHOLIC  BEVERAGES.  SUCH TERM SHALL NOT INCLUDE ANY
GROCERY STORE WHICH SELLS BOTH  ALCOHOLIC  BEVERAGES  AND  STAPLE  FOODS
(WITHIN  THE  MEANING  OF  SECTION 3(R) OF THE FOOD AND NUTRITION ACT OF
2008 (7 U.S.C. 2012 (R)).
  D. "PUBLIC ASSISTANCE  BENEFITS"  MEANS  MONEY  OR  PROPERTY  PROVIDED
DIRECTLY  OR  INDIRECTLY THROUGH PROGRAMS OF THE FEDERAL GOVERNMENT, THE
STATE OR ANY POLITICAL SUBDIVISION  THEREOF,  AND  ADMINISTERED  BY  THE
OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  OR  SOCIAL  SERVICES
DISTRICTS.
  2. NO RECIPIENT OF PUBLIC ASSISTANCE BENEFITS SHALL  BY  MEANS  OF  AN
ELECTRONIC BENEFIT TRANSFER TRANSACTION WITHDRAW OR USE SUCH BENEFITS IN
ANY   LIQUOR  STORE,  CASINO  OR  RETAIL  ESTABLISHMENT  WHICH  PROVIDES
ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
AN  UNCLOTHED  STATE  FOR  ENTERTAINMENT.  ANY  PERSON  WHO VIOLATES THE
PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST  SUCH  VIOLATION  BE
DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF
DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR  A

S. 3905--A                          6

PERIOD  OF ONE MONTH, UPON A FINDING OF A SECOND SUCH VIOLATION SHALL BE
DISQUALIFIED FROM RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY  MEANS  OF
DIRECT  CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC  BENE-
FITS TRANSFER ACCESS DEVICE.  SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.
  3.  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH
AND IMPLEMENT RULES AND REGULATIONS  PROHIBITING  RECIPIENTS  OF  PUBLIC
ASSISTANCE  BENEFITS, BY MEANS OF ANY ELECTRONIC BENEFIT TRANSFER TRANS-
ACTION, FROM WITHDRAWING OR USING ANY SUCH BENEFITS IN ANY LIQUOR STORE,
CASINO OR RETAIL  ESTABLISHMENT  WHICH  PROVIDES  ADULT-ORIENTED  ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT.
  S 4. The state finance law is amended by adding a new  section  85  to
read as follows:
  S 85. PUBLIC ASSISTANCE INTEGRITY FUND. 1. THERE IS HEREBY ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS  THE  "PUBLIC
ASSISTANCE INTEGRITY FUND".
  2.  THE  PUBLIC  ASSISTANCE  INTEGRITY  FUND  SHALL  CONSIST OF MONIES
RECEIVED BY THE STATE FROM FINES AND FEES IMPOSED PURSUANT  TO  SECTIONS
ONE  HUNDRED  FORTY-SEVEN-A  AND ONE HUNDRED FORTY-SEVEN-B OF THE SOCIAL
SERVICES LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE.
  3. MONIES OF THE PUBLIC ASSISTANCE INTEGRITY FUND, FOLLOWING APPROPRI-
ATION THEREOF, SHALL BE SOLELY MADE AVAILABLE TO THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE FOR EXPENDITURE FOR THE COSTS OF  SUCH  OFFICE
ASSOCIATED  WITH  THE PREVENTION OF MISUSE OF PUBLIC ASSISTANCE BENEFITS
INCLUDING, BUT NOT LIMITED TO, ADMINISTRATION, OVERSIGHT,  TRAINING  AND
ENFORCEMENT RELATED ACTIVITIES.
  S  5.  This  act  shall  take effect February 22, 2014; provided that,
effective immediately, any actions necessary to implement the provisions
of this act on its effective date are  authorized  and  directed  to  be
completed on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.