Requires applicants for public assistance to submit to a drug test

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.