senate Bill S174

2011-2012 Legislative Session

Provides that before a person may receive public assistance benefits, he or she must submit to a drug test

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to social services
Jan 05, 2011 referred to social services

Co-Sponsors

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S174 - Bill Details

See Assembly Version of this Bill:
A227
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง131, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S7436, A3602

S174 - Bill Texts

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Provides that before a person may receive public assistance benefits, he or she must submit to and pass a drug test.

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BILL NUMBER:S174

TITLE OF BILL:
An act
to amend the social services law, in relation to people receiving public
assistance

PURPOSE OR GENERAL IDEA OF BILL:
Provides that before a person may receive public assistance benefits,
he or she must submit to and pass a drug test.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 131 of the social services law is amended by adding
a new subdivision 9-a to read as follows:

9-a. Upon determining that a person is eligible for any form or
category of public assistance and prior to making any distribution to
such person, the social services official shall require the person
seeking assistance to submit to a drug test. The commissioner of
health shall establish rules and regulations regarding the method of
testing, the frequency of testing, the substance for which to be
tested, and what constitutes failing such drug test. If a person
fails the drug test, he or she shall enroll in a drug rehabilitation
program certified by the commissioner of health. Such person shall
not be eligible to receive any assistance under this chapter if he or
she fails to enroll and actively participate in the rehabilitation
program.

JUSTIFICATION:
New York State offers a variety of programs to financially assist low
to poor income families with food stamps and other necessities needed
to survive with little or no money. The assistance provided to them
from our State has very strict rules and regulations they must follow
in order to continue to receive such necessities. Too often
individuals take advantage of our public assistance program and try
to pocket or use their extra funds to purchase items they are not
supposed to such as drugs. Before determining that a person is
eligible for any form or category of public assistance, and prior to
making any distribution to such person, the social services official
shall require the person seeking assistance to submit to a drug test.
And if he or she fails the drug test then they must be required to
enroll in a drug rehabilitation program certified by the commissioner
of health.

PRIOR LEGISLATIVE HISTORY:
S.7436/A.3602 of 2009-2010; Referred to Social Services

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.

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

                                   174

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. MAZIARZ, LARKIN, LITTLE, RANZENHOFER, SEWARD -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Social Services

AN ACT to amend the social services law, in relation to people receiving
  public assistance

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

  Section 1. Section 131 of the social services law is amended by adding
a new subdivision 9-a to read as follows:
  9-A.  UPON DETERMINING THAT A PERSON IS ELIGIBLE FOR ANY FORM OR CATE-
GORY OF PUBLIC ASSISTANCE AND PRIOR TO MAKING ANY DISTRIBUTION  TO  SUCH
PERSON,  THE  SOCIAL  SERVICES OFFICIAL SHALL REQUIRE THE PERSON SEEKING
ASSISTANCE TO SUBMIT TO A DRUG TEST. THE COMMISSIONER  OF  HEALTH  SHALL
ESTABLISH  RULES  AND  REGULATIONS  REGARDING THE METHOD OF TESTING, THE
FREQUENCY OF TESTING, THE SUBSTANCES FOR WHICH TO BE  TESTED,  AND  WHAT
CONSTITUTES  FAILING SUCH DRUG TEST. IF A PERSON FAILS THE DRUG TEST, HE
OR SHE SHALL ENROLL IN A DRUG REHABILITATION PROGRAM  CERTIFIED  BY  THE
COMMISSIONER OF HEALTH. SUCH PERSON SHALL NOT BE ELIGIBLE TO RECEIVE ANY
ASSISTANCE  UNDER THIS CHAPTER IF HE OR SHE FAILS TO ENROLL AND ACTIVELY
PARTICIPATE IN THE REHABILITATION PROGRAM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01225-01-1

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