assembly Bill A2386

2013-2014 Legislative Session

Enacts the "public assistance integrity act" to prohibit sale or purchase of alcoholic beverages, tobacco products or lottery tickets with public assistance benefits

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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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Senate Actions - UPPERCASE
Jan 08, 2014 referred to social services
Jan 14, 2013 referred to social services

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A2386 - Bill Details

See Senate Version of this Bill:
S966
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §§147-a & 147-b, Soc Serv L; add §85, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A10758, S7671

A2386 - Bill Texts

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Enacts the "public assistance integrity act" to prohibit 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.

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

                                  2386

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M. of A. CUSICK, SIMANOWITZ -- read once and referred to
  the Committee on Social Services

AN ACT to amend the social services law, in relation to 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 enter-
  tainment 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 "public assistance integrity act".
  S  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05269-01-3

A. 2386                             2

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.  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.

A. 2386                             3

  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
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

A. 2386                             4

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 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  3.  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 4. 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.

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