NY State Senate Bill 2017-S3839A

Archive: Last Bill Status - In Senate Committee Social Services 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2018	print number 3839a
Feb 23, 2018	amend and recommit to social services
Jan 03, 2018	referred to social services
Jan 27, 2017	referred to social services

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3839 - Details

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 Other Legislative Sessions:: 2011-2012: S5728
2013-2014: S3905
2015-2016: S2943

2017-S3839 - 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

2017-S3839 - Sponsor Memo

                                 BILL NUMBER:  S3839

 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 1 provides the short title of the act as the "welfare reform
act." Section 2 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 in order to detect the illegal use
of controlled substances. The screening process shall be developed in

consolation with the office department of health and shall precept the
receipt public assistance benefits. Additionally, when the screening
process indicates reason to believe an applicant or recipient is
engaged in the illegal use of controlled substance, the social
services district shall require formal substance abuse assessment,
upon which positive assessment shall result in the immediate denial of
any public assistance benefit. Ineligible applicants for public
assistance, however, must be referred by the social services official
to a treatment or licensed certified program meeting the needs of the
individual.

Section 2 also stipulates that members of a household of those
applicants who have failed to participate in the screening or
assessment and who are under the age of eighteen years will be
eligible to receive assistance through "safety net assistance."
Lastly, Section 2 provides that any person submitting to a drug test
pursuant to this subdivision shall be reimbursed the expense of such
testing provided that his or her test returns negative results for the
illegal use of controlled substance; any person denied benefits
pursuant to this subdivision may reapply for such benefits upon
submission to another drug test returning a negative result for the
illegal use of controlled substances.

Section 3 amends the social services law by adding two new sections
147-a and 147-b. Section 147-a stipulates that no recipient of public
assistance benefits shall use any or portion of such benefits for the
purchase of any alcoholic beverages, tobacco products, or lottery
tickets, and provides penalties for such purchases. Public assistance
benefits is defined as money or property provided directly or
indirectly through programs of the federal government, state or any
political subdivision thereof, and administered by the office of
temporary and disability assistance or social services districts. This
section also prohibits the exchange of any alcoholic beverage, tobacco
product, or lottery ticket for consideration of public assistance
benefits by the means of an electronic benefits transfer access device
and provides a fine for those violating such provision. Rules and
regulations that would develop and establish criteria 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 shall be promulgate by the commissioner of
temporary and disability assistance. Furthermore, such entities
authorized to administer training programs shall issue certificates of
completion to all persons engaged in retail sales. Section 147-b
prohibits the use of public assistance benefits in certain facilities
including, electronic benefit transfer transactions, casinos, and
liquor stores.  The office of temporary and disability assistance
shall likewise promulgate rules and regulations prohibiting recipients
of public assistance benefits prohibiting the use of public assistance
benefits in such facilities.

Section 4 amends the state finance law adding section 85 establishing
the public assistance integrity fund for the expenditure of costs
associated with the prevention of misuse of public assistance
benefits.

Section 5 is the effective date.

 JUSTIFICATION :

This legislation will strengthen New York's social services law.
Although the law 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.
Taxpayers simply cannot subsidize drug use. This legislation provides
a mechanism for 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 :

2011-2012: S.5728
2013-2014: S.3905
2015-2016: S.2943

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on February 22, 2018; effective
immediately, any actions necessary to implement the provisions of this
act on its effect date are authorized to be made on or before such
date.

2017-S3839 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3839
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE, YOUNG -- 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 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".
   §  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 [alco-
 hol 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 thereaft-
 er  but  not  more frequently than every six months, unless the district
 has reason to believe that an  applicant  or  recipient  is  abusing  or
 dependent on alcohol or drugs, in accordance with regulations promulgat-

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

                                                            LBD09288-01-7

 S. 3839                             2

 ed  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:
   (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;

 S. 3839                             3

   (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.
   § 3. 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
 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

 S. 3839                             4
 
 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
 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

 S. 3839                             5
 
 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
 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

 S. 3839                             6
 
 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.
   §  4.  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.
   § 5. This act shall take effect February 22, 2018.    Effective  imme-
 diately,  any  actions necessary to implement the provisions of this act
 on its effective date are authorized to be made on or before such date.

co-Sponsors

2017-S3839A (ACTIVE) - Details

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 Other Legislative Sessions:: 2011-2012: S5728
2013-2014: S3905
2015-2016: S2943

2017-S3839A (ACTIVE) - Summary

2017-S3839A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3839A

SPONSOR: RITCHIE
 
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 facil-
ity; 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 1 provides the short title of the act as the "welfare reform
act." Section 2 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 in order to detect the illegal use of
controlled substances. The screening process shall be developed in
consolation with the office department of health and shall precept the
receipt public assistance benefits. Additionally, when the screening
process indicates reason to believe an applicant or recipient is engaged
in the illegal use of controlled substance, the social services district
shall require formal substance abuse assessment, upon which positive
assessment shall result in the immediate denial of any public assistance
benefit. Ineligible applicants for public assistance, however, must be
referred by the social services official to a treatment or licensed
certified program meeting the needs of the individual.

Section 2 also stipulates that members of a household of those appli-
cants who have failed to participate in the screening or assessment and
who are under the age of eighteen years will be eligible to receive
assistance through "safety net assistance."  Lastly, Section 2 provides
that any person submitting to a drug test pursuant to this subdivision
shall be reimbursed the expense of such testing provided that his or her
test returns negative results for the illegal use of controlled
substance; any person denied benefits pursuant to this subdivision may
reapply for such benefits upon submission to another drug test returning
a negative result for the illegal use of controlled substances.

Section 3 amends the social services law by adding two new sections
147-a and 147-b. Section 147-a stipulates that no recipient of public
assistance benefits shall use any or portion of such benefits for the
purchase of any alcoholic beverages, tobacco products, or lottery tick-
ets, and provides penalties for such purchases. Public assistance bene-
fits is defined as money or property provided directly or indirectly
through programs of the federal government, state or any political
subdivision thereof, and administered by the office of temporary and
disability assistance or social services districts. This section also
prohibits the exchange of any alcoholic beverage, tobacco product, or
lottery ticket for consideration of public assistance benefits by the
means of an electronic benefits transfer access device and provides a
fine for those violating such provision. Rules and regulations that
would develop and establish criteria for training programs on the prohi-
bition on the sale and purchase of alcoholic beverages, tobacco
products, and lottery tickets in exchange for public assistance benefits
shall be promulgate by the commissioner of temporary and disability
assistance. Furthermore, such entities authorized to administer training
programs shall issue certificates of completion to all persons engaged
in retail sales. Section 147-b prohibits the use of public assistance
benefits in certain facilities including, electronic benefit transfer
transactions, casinos, and liquor stores.  The office of temporary and
disability assistance shall likewise promulgate rules and regulations
prohibiting recipients of public assistance benefits prohibiting the use
of public assistance benefits in such facilities.

Section 4 amends the state finance law adding section 85 establishing
the public assistance integrity fund for the expenditure of costs asso-
ciated with the prevention of misuse of public assistance benefits.

Section 5 is the effective date.

 
JUSTIFICATION:

This legislation will strengthen New York's social services law.
Although the law 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 fall-
en 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.  Taxpayers simply
cannot subsidize drug use. This legislation provides a mechanism for 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:

2011-2012: S.5728
2013-2014: S.3905
2015-2016: S.2943

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on February 22, 2019; effective immediately,
any actions necessary to implement the provisions of this act on its
effect date are authorized to be made on or before such date.

2017-S3839A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3839--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE, YOUNG -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Social  Services
   --  recommitted to the Committee on Social Services in accordance with
   Senate Rule 6, sec. 8 -- 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".
   § 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 [alco-
 hol 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 thereaft-

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

                                                            LBD09288-02-8

 S. 3839--A                          2

 er but not more frequently than every six months,  unless  the  district
 has  reason  to  believe  that  an  applicant or recipient is abusing or
 dependent on alcohol or drugs, in accordance with regulations promulgat-
 ed  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. 3839--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.
   §  3.  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
 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. 3839--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. 3839--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.
   §  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

 S. 3839--A                          6

 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.
   §  4.  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.
   § 5. This act shall take effect February 22, 2019.    Effective  imme-
 diately,  any  actions necessary to implement the provisions of this act
 on its effective date are authorized to be made on or before such date.

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Senate Bill S3839A

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Social Services Committee

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Catharine Young

2017-S3839 - Details

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Catharine Young

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