Bill S3905A-2013

Requires applicants for public assistance to submit to a drug test

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; prohibits the use of public assistance benefits, by means of an electronic benefit transfer transaction, at a liquor store, casino or adult entertainment facility; establishes the public assistance integrity fund.

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  • Jan 8, 2014: REFERRED TO SOCIAL SERVICES
  • Aug 26, 2013: PRINT NUMBER 3905A
  • Aug 26, 2013: AMEND (T) AND RECOMMIT TO SOCIAL SERVICES
  • Feb 26, 2013: REFERRED TO SOCIAL SERVICES

Memo

BILL NUMBER:S3905A

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 Two - 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 for illegal use of controlled substances in consolation with the department of health to receive public assistance benefits.

Section Two - amends the screening process to include an indication when there is reason to believe an applicant or recipient is engaged in the illegal use of controlled substance. If the assessment, performed directly by the district or pursuant to contract with the district indicates the use of illegal or controlled substances the head of the household or applicant with be immediately denied any public assistance benefits. The social services official will then refer ineligible applicants for public assistants to a treatment program or licensed certified program that meet the needs of the individual.

Section Two - stipulates anyone who fails to participate in the urine drug test screening or assessment shall also be ineligible for public assistance. Other Members of a household of those who have failed to participate in the screening or assessment and are under the age of eighteen years will be eligible to receive assistance through a "safety net assistance." A "safety net assistance" is defined as a custodian appointed by the social services who is eligible for public assistance.

Section Two - any person denied benefits pursuant to this legislation may reapply 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.

Section Five - this act shall take effect on February 22, 2014.

JUSTIFICATION:

This legislation will strengthen New York's social services law, which 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. In no way should taxpayers be subsidizing drug use. This legislation 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:

01/14/12 Referred to social services.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on February 22, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 3905--A 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________
Introduced by Sens. BALL, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- 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 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:
(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-
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
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 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, 2014; provided that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

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