Bill S174-2011

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

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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  • Jan 4, 2012: REFERRED TO SOCIAL SERVICES
  • Jan 5, 2011: REFERRED TO SOCIAL SERVICES

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 174 2011-2012 Regular Sessions IN SENATE (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.

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