S174-2011 Actions

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

S174-2011 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.

S174-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          174
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01225-01-1

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