NY State Senate Bill 2017-S2135

Senate Bill S2135

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2018	reported and committed to finance
Jan 03, 2018	referred to social services
Mar 02, 2017	reported and committed to finance
Jan 12, 2017	referred to social services

Votes

- Jan 29, 2018 - Social Services Committee Vote
  S2135
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Jan 29, 2018
      
      aye (5)
      
      Alcantara
      
      Amedore
      
      Helming
      
      LaValle
      
      Tedisco
      
      nay (2)
      
      Kavanagh
      
      Persaud
  Mar 2, 2017 - Social Services Committee Vote
  S2135
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 2, 2017
      
      aye (5)
      
      Alcantara
      
      Amedore
      
      Helming
      
      LaValle
      
      Tedisco
      
      nay (1)
      
      Squadron
      
      aye wr (1)
      
      Persaud

co-Sponsors

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2017-S2135 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Add §§147-a & 147-b, Soc Serv L; add §85, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7671
2013-2014: S966
2015-2016: S1290, S6713

2017-S2135 (ACTIVE) - Summary

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.

2017-S2135 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2135

 TITLE OF BILL :  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 entertainment facility; and to amend the state finance
law, in relation to establishing the public assistance integrity fund

 PURPOSE :

Protects the use of public assistance benefits by prohibiting the sale
or purchase of alcoholic beverages, tobacco products or lottery
tickets with public assistance benefits and the electronic withdrawal
of public assistance benefits in casinos, liquor stores and
establishments providing adult-oriented entertainment.

 SUMMARY OF PROVISIONS :

Section 2: Amends Social Services Law by adding two sections:

Section 147-a, which defines "public assistance benefits"; prohibits
the purchase or sale of alcoholic beverages, tobacco products or
lottery tickets with public assistance benefits; establishes penalties
for violation; directs the commissioner of temporary and disability
assistance to develop and establish criteria for training programs on

prohibition of the sale of such items to be administered by certain
entities, establish criteria for applying issuing, revoking and
renewing certificates of approval and completion for training
programs.

Section 147-b, which prohibits the withdrawal and use of public
assistance benefits in certain facilities.

Section 3: Amends state finance law establishing the public assistance
integrity fund, containing monies received from fines and fees
established in Section 2.

Section 4: Provides the effective date.

 EXISTING LAW :

No law exists protecting public assistance cash benefits from being
either used to purchase alcohol, tobacco or lottery tickets, or with
drawn or used in any liquor store, casino or establishment providing
adult-oriented entertainment.

 JUSTIFICATION :

Public assistance is designed to help needy families provide care for
their children, promote job preparation and achieve self-sufficiency.
There are many families who desperately need this assistance, but
unfortunately there are also others who take advantage of New Yorkers'
desire to help those in need.

Food Stamps and Temporary Assistance programs such as Family
Assistance are intended to provide benefits to low-income workers,
seniors and the disabled to help pay for necessities such as food,
housing and energy costs, paper products and school supplies. This
cash assistance is increasingly administered to these families through
Electronic Benefit Transfer (EBT) Cards. Currently, no state law
protects public assistance cash benefits from either being misused to
purchase alcoholic beverages, tobacco or lottery tickets or withdrawn
from Automatic Teller Machines (ATMs) at locations such as liquor
stores, casinos or establishments providing adult-oriented
entertainment.
New York is full of people who sincerely care about their neighbors
and are happy to help families in need keep food on the table and a
roof over their head. However, one would be hard pressed to find
someone who thinks that money intended to help those in need should be
split with people looking to spend it on alcohol, tobacco or lottery
tickets. Constituents from across New York have logged complaints
about misuse of public funds for such items. These abuses are not just
hurting taxpayers, they are hurting the families who need this
assistance most, and it must stop.

Additionally, a report from WNYT in Albany examined records from 11
counties and showed tens of thousands of dollars in cash assistance
had been withdrawn from ATMs located at adult entertainment clubs,
OTBs, liquor stores and beverage and tobacco retailers.

Similar reports have resulted in other states, including Arizona,
California, Colorado, Indiana, Massachusetts, Minnesota, Missouri,
Pennsylvania and Washington, enacting similar restrictions on the use
of public assistance.

The "Public Assistance Integrity Act" would prohibit misuse in
compliance with Section 4004 of the federal Middle Class Tax Relief
and Job Creation Act of 2012, signed by President Barack Obama on
February 22, 2012, requiring states to maintain policies and practices
as necessary to prevent public assistance provided through federal
programs from being used in any electronic benefit transfer
transaction in any liquor store or casino.

Current law protects assistance through Supplemental Nutrition
Assistance Program (SNAP), and the "Public Assistance Integrity Act"
extends that protection to cash assistance with the aims of ensuring
this much needed assistance does indeed help those families in need
for which it was intended.

 LEGISLATIVE HISTORY :

2015-16: S.6713 Passed Senate
2013-14: S.966
Passed Senate 2012: S.7671 Passed Senate

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall have become
law; 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.

2017-S2135 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2135
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by Sens. SERINO, MARCHIONE, MURPHY, 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 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".
   § 2. The social services law is amended by  adding  two  new  sections
 147-a and 147-b to read as follows:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04903-01-7

 S. 2135                             2
 
 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.  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.

 S. 2135                             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.
   §  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

 S. 2135                             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.
   §  3.  The  state finance law is amended by adding a new section 85 to
 read as follows:
   § 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that,  effective  immediately,  any
 actions  necessary to implement the provisions of this act on its effec-
 tive date are authorized and directed to be completed on or before  such
 date.

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Senate Bill S2135

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Pamela Helming

Kathleen A. Marchione

Terrence Murphy

Robert G. Ortt

2017-S2135 (ACTIVE) - Details

2017-S2135 (ACTIVE) - Summary

2017-S2135 (ACTIVE) - Sponsor Memo

2017-S2135 (ACTIVE) - Bill Text download pdf

Comments