S03839 Summary:

BILL NOS03839A
 
SAME ASNo Same As
 
SPONSORRITCHIE
 
COSPNSRYOUNG
 
MLTSPNSR
 
Amd 132, add 147-a & 147-b, Soc Serv L; add 85, St Fin L
 
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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S03839 Actions:

BILL NOS03839A
 
01/27/2017REFERRED TO SOCIAL SERVICES
01/03/2018REFERRED TO SOCIAL SERVICES
02/23/2018AMEND AND RECOMMIT TO SOCIAL SERVICES
02/23/2018PRINT NUMBER 3839A
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S03839 Committee Votes:

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S03839 Floor Votes:

There are no votes for this bill in this legislative session.
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S03839 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3839--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section  1.   Short title. This act shall be known and may be cited as
     2  the "welfare reform act".
     3    § 2.  Subdivision 4 of section 132 of  the  social  services  law,  as
     4  added  by section 23 of part B of chapter 436 of the laws of 1997, para-
     5  graphs (a) and (c) as amended by chapter 214 of the laws of 1998,  para-
     6  graphs  (d),  (e),  (f) and (g) as amended by section 43-a and paragraph
     7  (i) as added by section 44 of part C of chapter 58 of the laws of  2008,
     8  is amended to read as follows:
     9    4.  (a)  Investigation  into [the cause of] the condition of a head of
    10  household or of any adult applicant  [or  recipient  and  the  treatment
    11  which  will  be  helpful to such person], who is under the age of sixty-
    12  five years, shall include a urine drug test screening process for [alco-
    13  hol and/or substance abuse] illegal use of controlled substances using a
    14  standardized screening [instrument]  process  to  be  developed  by  the
    15  office  of  alcoholism and substance abuse services in consultation with
    16  the department of health.  Such screening shall be performed by a social
    17  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

     1  er but not more frequently than every six months,  unless  the  district
     2  has  reason  to  believe  that  an  applicant or recipient is abusing or
     3  dependent on alcohol or drugs, in accordance with regulations promulgat-
     4  ed  by the department] at the expense of such head of household or adult
     5  applicant.
     6    (b) When the screening process  indicates  that  there  is  reason  to
     7  believe that an applicant or recipient is [abusing or dependent on alco-
     8  hol  or drugs] engaged in the illegal use of a controlled substance, the
     9  social services district shall [require a formal  alcohol  or  substance
    10  abuse  assessment, which may include drug testing, to be performed by an
    11  alcohol and/or substance abuse professional credentialed by  the  office
    12  of  alcoholism  and  substance  abuse  services.  The  assessment may be
    13  performed directly by the district or  pursuant  to  contract  with  the
    14  district]  immediately  deny such head of household or applicant, who is
    15  under the age of sixty-five years, from receiving any public  assistance
    16  benefits.
    17    (c) The social services official shall refer applicants and recipients
    18  whom  it determines are presently ineligible for public assistance bene-
    19  fits due to a positive drug test result  and  thus  unable  to  work  by
    20  reason  of  their  need  for  treatment for [alcohol or] substance abuse
    21  [based on the formal assessment] to  a  treatment  program  licensed  or
    22  certified  by  the  office of alcoholism and substance abuse services or
    23  operated by the United States office of veterans affairs and  determined
    24  by  the social services official to meet the rehabilitation needs of the
    25  individual. When residential  treatment  is  appropriate  for  a  single
    26  custodial  parent,  the  social  services  official  shall make diligent
    27  efforts to refer the parent to a program that would allow the family  to
    28  remain intact for the duration of the treatment.
    29    (d)  A  person, who is under the age of sixty-five years, who fails to
    30  participate in the urine drug test screening or in the assessment  shall
    31  be ineligible for public assistance. Other members of a household [which
    32  includes  a  person  who  has  failed to participate in the screening or
    33  assessment] under the age of eighteen years shall, if  otherwise  eligi-
    34  ble,  receive  public  assistance only through [safety net assistance] a
    35  custodian of such assistance appointed by the social services  district,
    36  if [they] such members are otherwise eligible for public assistance.
    37    (e)  [A  person  referred to a treatment program pursuant to paragraph
    38  (c) of this subdivision, and the household with which he or she  resides
    39  shall receive safety net assistance while the person is participating in
    40  such  treatment,  if  the  household  is  otherwise  eligible for public
    41  assistance. If a person referred to treatment cannot participate in that
    42  treatment because treatment is not presently available, that person  and
    43  the  household  with  which  he  or she resides shall receive safety net
    44  assistance if the household is otherwise eligible for public assistance.
    45    (f) If an applicant or recipient is required,  pursuant  to  paragraph
    46  (c) of this subdivision, to participate in an appropriate rehabilitation
    47  program and refuses to participate in such program without good cause or
    48  leaves  such  program  prior  to  completion of the program without good
    49  cause, provided that program completion shall be  solely  determined  by
    50  the guidelines and rules of such rehabilitation program, or if an appli-
    51  cant or recipient has been suspended from the receipt of social security
    52  disability  benefits  or supplemental security income benefits by reason
    53  of noncompliance with requirements of the federal social security admin-
    54  istration for treatment for substance abuse or alcohol abuse, the person
    55  will be disqualified from receiving public assistance as follows:

        S. 3839--A                          3

     1    (i) for the first failure to participate in or complete  the  program,
     2  until  the  failure  ceases  or for forty-five days, whichever period of
     3  time is longer;
     4    (ii)  for the second such failure, until the failure ceases or for one
     5  hundred twenty days, whichever period of time is longer; and
     6    (iii) for the third and subsequent failures, until the failure  ceases
     7  or for one hundred eighty days, whichever period is longer.
     8    Good cause shall be defined in regulations by the commissioner.
     9    The  household with which the person resides shall continue to receive
    10  safety net assistance if otherwise eligible.
    11    (g) Persons disqualified from receiving public assistance pursuant  to
    12  paragraph  (f)  of  this subdivision who would otherwise be eligible for
    13  public assistance and who return to required treatment prior to the  end
    14  of  the  disqualification  period  and are receiving residential care as
    15  defined in paragraph (d) of subdivision three  of  section  two  hundred
    16  nine of this chapter shall be eligible for safety net assistance.
    17    (h)  Notwithstanding any inconsistent provision of section one hundred
    18  thirty-one-o of this article, if a recipient required to participate  in
    19  an  appropriate  treatment  program  pursuant  to  paragraph (c) of this
    20  subdivision receives a personal needs allowance, such allowance shall be
    21  made as a restricted payment to the treatment program  and  shall  be  a
    22  conditional  payment.  If  such  recipient  leaves the treatment program
    23  prior to the completion of such program, any accumulated personal  needs
    24  allowance  will  be considered an overpayment and returned to the social
    25  services district which provided the personal needs allowance.
    26    (i) Compliance with the provisions of this subdivision  shall  not  be
    27  required as a condition of applying for or receiving medical assistance]
    28  Any  person  who submits to a drug test pursuant to this subdivision and
    29  his  or  her  test  is  negative  for  the  illegal  use  of  controlled
    30  substances,  shall be reimbursed by the social services district for the
    31  expense of such test.
    32    (f) Any person denied benefits pursuant to this subdivision may  reap-
    33  ply  for  such  benefits  upon  submission  to another drug test and the
    34  return result of such test which is negative  for  the  illegal  use  of
    35  controlled substances.
    36    §  3.  The  social  services law is amended by adding two new sections
    37  147-a and 147-b to read as follows:
    38    § 147-a. Penalties for the purchase or sale  of  alcoholic  beverages,
    39  tobacco  products or lottery tickets with public assistance benefits. 1.
    40  For the purposes of this section,  "public  assistance  benefits"  means
    41  money  or  property  provided directly or indirectly through programs of
    42  the federal government, the state or any political subdivision  thereof,
    43  and administered by the office of temporary and disability assistance or
    44  social services districts.
    45    2.  No  recipient  of  public assistance benefits shall use all or any
    46  portion of such benefits for the purchase  of  any  alcoholic  beverage,
    47  tobacco   product  or  lottery  ticket.  Any  person  who  violates  the
    48  provisions of this subdivision shall upon the first  such  violation  be
    49  disqualified  from  receiving  public  assistance  benefits  by means of
    50  direct cash payment or electronic benefits transfer access device for  a
    51  period  of  one  month,  upon  a  finding  of a second such violation be
    52  disqualified from receiving  public  assistance  benefits  by  means  of
    53  direct  cash payment or electronic benefits transfer access device for a
    54  period of three months, and upon a finding of a third or subsequent such
    55  violation  shall  be  permanently  disqualified  from  receiving  public
    56  assistance  benefits by means of direct cash payment or electronic bene-

        S. 3839--A                          4
 
     1  fits transfer access device.  Such person shall have the right to a fair
     2  hearing pursuant to section twenty-two of this chapter.  Notwithstanding
     3  any provision of this chapter or any  other  law  to  the  contrary,  no
     4  applicant  for public assistance benefits shall be approved unless he or
     5  she attests to the fact that alcoholic beverages, tobacco  products  and
     6  lottery  tickets  are products which are prohibited from being purchased
     7  with such benefits pursuant to this section. Such attestation  shall  be
     8  in  a  form  prescribed  by the commissioner of temporary and disability
     9  assistance.
    10    3. No person engaged in retail sales, or any agent or employee  there-
    11  of, shall sell or offer for sale any alcoholic beverage, tobacco product
    12  or  lottery  ticket to any other person in exchange for or for consider-
    13  ation of public assistance benefits by means of an  electronic  benefits
    14  transfer  access  device. Any person who violates the provisions of this
    15  subdivision shall be subject to a civil fine of one hundred dollars  for
    16  the  first  such violation, a civil fine of five hundred dollars for the
    17  second such violation within any five year period of time,  and  upon  a
    18  finding of a third or a subsequent violation within any five year period
    19  of  time  the  license,  permit  or  certification issued to such person
    20  pursuant to the alcoholic beverage control law,  and/or  article  twenty
    21  and/or article thirty-four of the tax law shall be suspended.
    22    4. In any proceeding brought against the operator of a retail business
    23  engaged  in  retail sales, pursuant to subdivision three of this section
    24  when the unlawful sale was made by an agent or employee of the  operator
    25  of  such  business,  it shall be an affirmative defense in favor of such
    26  operator that, at the time of such alleged violation, the business oper-
    27  ator can and does produce proof that the agent or employee who committed
    28  such violation completed a  training  program  established  pursuant  to
    29  subdivision five of this section.
    30    5.  a.   The commissioner of temporary and disability assistance shall
    31  promulgate rules and regulations that would develop and establish crite-
    32  ria for training programs on the prohibition on the sale and purchase of
    33  alcoholic beverages, tobacco products and lottery  tickets  in  exchange
    34  for  public assistance benefits. Such training may be given and adminis-
    35  tered by schools; other  entities  including  trade  associations  whose
    36  members  are  engaged in the retail sale of alcoholic beverages, tobacco
    37  products and/or lottery tickets; and national and  regional  franchisors
    38  with  at least five franchises in the state which engage in the sales of
    39  alcoholic beverages, tobacco products and/or lottery tickets. The office
    40  of temporary and disability assistance shall provide for the issuance of
    41  certificates of approval to  all  certified  training  programs  on  the
    42  prohibition  on  the  sale  and purchase of alcoholic beverages, tobacco
    43  products and/or lottery tickets in exchange for public assistance  bene-
    44  fits. Certificates of approval may be revoked by the office of temporary
    45  and  disability  assistance  for failure to adhere to the commissioner's
    46  rules and regulations. Such rules and regulations shall afford those who
    47  have been issued a certificate of approval an opportunity for a  hearing
    48  prior  to  any  determination  of  whether  such  certificate  should be
    49  revoked.  The commissioner of temporary and disability assistance  shall
    50  adopt  rules to effectuate the provisions of this subdivision, including
    51  minimum requirements for the curriculum of each  such  training  program
    52  and the regular training of agents and employees holding certificates of
    53  completion or renewal certificates.
    54    b.    To  effectuate the provisions of this subdivision, the office of
    55  temporary  and  disability  assistance  is  empowered  to   require   in
    56  connection  with  an  application  the submission of such information as

        S. 3839--A                          5
 
     1  such office may direct; to prescribe forms of applications  and  of  all
     2  reports  it  deems  necessary to be made by any applicant or certificate
     3  holder; to conduct investigations, to require maintenance of such  books
     4  and  records as such office may direct; and to cancel, revoke or suspend
     5  for cause any certificate provided for in this subdivision.
     6    c. Each entity authorized to give and administer a training program on
     7  the prohibition on the sale and purchase of alcoholic beverages, tobacco
     8  products and lottery tickets in exchange for public assistance  benefits
     9  shall  issue certificates of completion to all persons engaged in retail
    10  sales, and the agents and employees thereof  who  successfully  complete
    11  such  approved training program. Such entity shall regularly transmit to
    12  the office of temporary and disability assistance the  names,  addresses
    13  and  dates  of  attendance of all such persons, agents and employees who
    14  successfully complete an approved  training  program.  Such  transmittal
    15  shall  be in a form and manner prescribed by such office.  A certificate
    16  of completion or renewal thereof issued by an entity authorized to  give
    17  and  administer  a  training  program  pursuant  to  this subdivision to
    18  persons engaged in retail sales, and the agents  and  employees  thereof
    19  shall  not  be  invalidated  by a change of employer.  Attendance at any
    20  course established pursuant to this  subdivision  shall  be  in  person,
    21  through  distance  learning  methods or through an internet based online
    22  program.  Each certificate of approval, renewal and  completion  thereof
    23  shall be issued for a period of three years.
    24    §  147-b.  Prohibition of use of public assistance benefits in certain
    25  facilities. 1. For the purposes of this section:
    26    a. "Electronic benefit transfer transaction" means the use of a credit
    27  card or debit card  service,  automated  teller  machine,  point-of-sale
    28  terminal  or  access  to an online system for the withdrawal of funds or
    29  the processing of a payment for merchandise or a service.
    30    b. "Casino" means any casino, gaming establishment or gambling casino,
    31  but shall not include:
    32    (i) any retail store which  sells  groceries  including  staple  foods
    33  (within  the  meaning  of  section 3(r) of the Food and Nutrition Act of
    34  2008 (7 U.S.C. 2012 (r))), and which also offers or  is  located  within
    35  the  same  building or complex as casino, gambling or gaming activities;
    36  or
    37    (ii) any other establishment that offers casino,  gambling  or  gaming
    38  activities  incidental  to the principal purpose of the business of such
    39  establishment.
    40    c. "Liquor store" means any retail establishment which exclusively  or
    41  primarily  sells  alcoholic  beverages.  Such term shall not include any
    42  grocery store which sells both  alcoholic  beverages  and  staple  foods
    43  (within  the  meaning  of  section 3(r) of the Food and Nutrition Act of
    44  2008 (7 U.S.C. 2012 (r))).
    45    d. "Public assistance  benefits"  means  money  or  property  provided
    46  directly  or  indirectly through programs of the federal government, the
    47  state or any political subdivision  thereof,  and  administered  by  the
    48  office  of  temporary  and  disability  assistance  or  social  services
    49  districts.
    50    2. No recipient of public assistance benefits shall  by  means  of  an
    51  electronic benefit transfer transaction withdraw or use such benefits in
    52  any  liquor  store, casino or retail establishment which provides adult-
    53  oriented entertainment in which performers  disrobe  or  perform  in  an
    54  unclothed   state   for  entertainment.  Any  person  who  violates  the
    55  provisions of this subdivision shall upon the first  such  violation  be
    56  disqualified  from  receiving  public  assistance  benefits  by means of

        S. 3839--A                          6

     1  direct cash payment or electronic benefits transfer access device for  a
     2  period  of one month, upon a finding of a second such violation shall be
     3  disqualified from receiving  public  assistance  benefits  by  means  of
     4  direct  cash payment or electronic benefits transfer access device for a
     5  period of three months, and upon a finding of a third or subsequent such
     6  violation  shall  be  permanently  disqualified  from  receiving  public
     7  assistance  benefits by means of direct cash payment or electronic bene-
     8  fits transfer access device.  Such person shall have the right to a fair
     9  hearing pursuant to section twenty-two of this chapter.
    10    3. The office of temporary and disability assistance  shall  establish
    11  and  implement  rules  and  regulations prohibiting recipients of public
    12  assistance benefits, by means of any electronic benefit transfer  trans-
    13  action, from withdrawing or using any such benefits in any liquor store,
    14  casino  or  retail  establishment  which  provides adult-oriented enter-
    15  tainment in which performers disrobe or perform in  an  unclothed  state
    16  for entertainment.
    17    §  4.  The  state finance law is amended by adding a new section 85 to
    18  read as follows:
    19    § 85. Public assistance integrity fund. 1. There is hereby established
    20  in the joint custody of the state comptroller and  the  commissioner  of
    21  taxation  and  finance a special revenue fund to be known as the "public
    22  assistance integrity fund".
    23    2. The public  assistance  integrity  fund  shall  consist  of  monies
    24  received  by  the state from fines and fees imposed pursuant to sections
    25  one hundred forty-seven-a and one hundred forty-seven-b  of  the  social
    26  services law, and all other monies appropriated, credited or transferred
    27  thereto from any other fund or source.
    28    3. Monies of the public assistance integrity fund, following appropri-
    29  ation thereof, shall be solely made available to the office of temporary
    30  and  disability  assistance for expenditure for the costs of such office
    31  associated with the prevention of misuse of public  assistance  benefits
    32  including,  but  not limited to, administration, oversight, training and
    33  enforcement related activities.
    34    § 5. This act shall take effect February 22, 2019.    Effective  imme-
    35  diately,  any  actions necessary to implement the provisions of this act
    36  on its effective date are authorized to be made on or before such date.
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