NY State Senate Bill 2015-S2943A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2016	print number 2943a
Feb 22, 2016	amend and recommit to social services
Jan 06, 2016	referred to social services
Jan 30, 2015	referred to social services

Bill Amendments

Original

A (Active)

2015-S2943 - 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
2017-2018: S3839

2015-S2943 - 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

2015-S2943 - Sponsor Memo

                                BILL NUMBER:S2943

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

FISCAL IMPLICATIONS:

To be determined.


EFFECTIVE DATE:

This act shall take effect on February 22, 2016; 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.

2015-S2943 - Bill Text download pdf

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

                                  2943

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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".
  S  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
[alcohol 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
thereafter  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 promul-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07071-01-5

S. 2943                             2

gated 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. 2943                             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.
  S 3. 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
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. 2943                             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. 2943                             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.
  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
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. 2943                             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.
  S  4.  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 5. This act shall take effect February 22, 2016.    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

2015-S2943A (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
2017-2018: S3839

2015-S2943A (ACTIVE) - Summary

2015-S2943A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2943A

 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

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on February 22, 2017; 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.

2015-S2943A (ACTIVE) - Bill Text download pdf

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

                                 2943--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services --  recom-
  mitted  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".
  S 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
[alcohol  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07071-02-6

S. 2943--A                          2

thereafter 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 promul-
gated  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. 2943--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.
  S  3.  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
VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
ASSISTANCE  BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC BENE-

S. 2943--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. 2943--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.
  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
PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST  SUCH  VIOLATION  BE
DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF

S. 2943--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.
  S  4.  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 5. This act shall take effect February 22, 2017.    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 S2943A

Sponsored By

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

Bill Amendments

2015-S2943 - Details

2015-S2943 - Summary

2015-S2943 - Sponsor Memo

2015-S2943 - Bill Text download pdf

co-Sponsors

2015-S2943A (ACTIVE) - Details

2015-S2943A (ACTIVE) - Summary

2015-S2943A (ACTIVE) - Sponsor Memo

2015-S2943A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2943A

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Sponsored By

Patty Ritchie

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

Bill Amendments

2015-S2943 - Details

2015-S2943 - Summary

2015-S2943 - Sponsor Memo

2015-S2943 - Bill Text download pdf

co-Sponsors

Catharine Young

2015-S2943A (ACTIVE) - Details

2015-S2943A (ACTIVE) - Summary

2015-S2943A (ACTIVE) - Sponsor Memo

2015-S2943A (ACTIVE) - Bill Text download pdf

Comments