Requires applicants for public assistance to submit to a drug test

1 Co-sponsor

• Catharine Young

BILL NUMBER:S5728

Title of bill

An act to amend the social services law, in relation to drug testing of certain public assistance applicants

Purpose

This legislation will require applicants for public assistance to submit to a drug test.

Summary of provisions

Section One - 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 One - 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 them refer ineligible applicants for public assistants to a treatment program or licensed certified program that meet the needs of the individual.

Section One - 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 One - 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 Two - this act shall take effect on January 1,2012.

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

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect on January 1, 2012.