What's happening
This bill requires all adult applicants and recipients of TANF public assistance in New York to undergo drug screening and testing, with loss of benefits for positive tests or refusal.
Why it matters
Shifts the burden of drug testing costs to TANF recipients who test positive. While initial drug tests are paid for by the state, anyone who tests positive will have the cost of that and any future required tests deducted from their benefits, potentially reducing already limited resources for vulnerable families.
Creates multiple pathways for loss of benefits, affecting both adults and children. Applicants or recipients who test positive and don’t enter treatment, or who refuse testing altogether, become ineligible for TANF for at least three months, with children also losing benefits if they reside with the affected adult. This could increase child hardship and potentially strain other social services.
Links TANF eligibility to participation in drug treatment and ongoing surveillance. Those who test positive can retain benefits only by enrolling in a drug abuse treatment program and must pass two consecutive drug tests within four months, or lose eligibility. This effectively mandates ongoing compliance and monitoring, adding significant oversight into recipients’ lives.
Introduces potential privacy and child welfare implications. Positive drug tests trigger a requirement for child welfare authorities to conduct a home visit within nine months to assess for possible abuse or neglect, potentially increasing state intervention in family life based on drug screening results rather than direct evidence of harm.
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Who cares
Headline styles
Require Drug Tests for Welfare
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Drug Test Welfare Recipients
In Assembly Committee · Social Services · Sponsor David DiPietro
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7574
IN SENATE
January 26, 2018
Introduced by Sen. GALLIVAN -- 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 requiring recipients of public assistance benefits submit to pre-qualification drug screening and testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The social services law is amended by adding a new section 132-b to read as follows:
§ 132-b. Drug testing. 1. Every person who a. is eligible to receive TANF assistance or who receives TANF assistance on behalf of a child; and b. is at least eighteen years of age shall, as a condition of receiving TANF assistance, submit to drug testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing, in accordance with the requirements of this section and otherwise comply with the provisions of this section.
2. Each local social services office shall, at the time an applicant applies for TANF assistance:
a. require the applicant to take a written substance abuse subtle screening inventory test administered by a county office; and
b. notify the applicant that:
(1) the applicant is required to take a written substance abuse subtle screening inventory test;
(2) the applicant may be subject to random drug testing based on the results of the test described in paragraph a of this subdivision;
(3) the applicant may be subject to drug testing if the county office believes, based on reasonable suspicion as set forth in subdivision three of this section, that the individual is engaged in the illegal use of a controlled substance;
(4) if the applicant tests positive on a drug test administered under this section, the individual or the child on whose behalf the individual receives TANF assistance may be ineligible for TANF assistance;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05868-01-7
S. 7574 2
(5) if the applicant tests positive on a drug test administered under this section, the amount of the cost of the drug test will be withheld from any future TANF assistance the individual receives if the individual continues to receive TANF assistance; and
(6) if the applicant tests positive on a drug test administered under this section, the amount of the cost of any subsequent drug tests the individual is required to undergo will be withheld from the TANF assistance the individual receives, if the individual continues to receive TANF assistance, regardless of whether the individual tests positive or tests negative on the drug test.
3. a. A local social services office is considered to have reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance if one or more of the following apply:
(1) the individual has been charged with an offense under article two hundred twenty (controlled substances offenses) or two hundred twentyone (offenses involving marihuana) of the penal code;
(2) the results of the substance abuse subtle screening inventory test indicate that the individual is a risk for the illegal use of a controlled substance; or
(3) the individual has previously failed a drug test administered under this section.
b. If a local social services office has knowledge that an individual has been formally charged with an offense described in subparagraph one of paragraph a of this subdivision, the local social services office shall administer a drug test to the individual.
c. If a local social services office has reasonable suspicion to believe from the results of a substance abuse subtle screening inventory test that an individual is engaged in the illegal use of a controlled substance, the individual shall be placed in a pool of individuals who are subject to drug testing described in paragraph a of subdivision four of this section.
d. If a local social services office has reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance as the result of failing a drug test administered under this section, the individual shall be placed in a pool of individuals who are subject to random drug testing as described in paragraph b of subdivision four of this section.
4. a. The local social services office shall administer a drug test to at least fifty percent of the pool of individuals described in paragraph c of subdivision three of this section. An individual may not be tested more than once under this section.
b. The local social services office shall administer random drug tests to twenty-five percent of the pool of individuals described in paragraph d of subdivision three of this section each month.
c. The local social services office shall provide a list of drug abuse treatment programs to any individual who tests positive under this section.
5. a. An individual who tests positive under this section and provides evidence that the individual is participating in a drug abuse treatment program shall continue to receive TANF assistance. However, the office of the secretary shall administer a drug test to the individual regularly at intervals of at least twenty days and not more than thirty days until the individual tests negative in two consecutive drug tests.
b. If an individual does not test negative in two consecutive drug tests as described in paragraph a of this subdivision not later than four months after the date the office of the local social services
S. 7574 3
office begins testing the individual regularly under paragraph a of this subdivision, the individual, or any child on whose behalf the individual receives TANF assistance, is ineligible to receive TANF assistance for three months from the date the local social services office determines that the individual is unable to test negative on two consecutive drug tests as described in paragraph a of this subdivision.
c. If an individual tests positive under this section and fails to provide, not later than thirty days after the date the individual tests positive, evidence that the individual is participating in a drug abuse treatment program, the individual or any child on whose behalf the individual receives TANF assistance is ineligible to receive TANF assistance for three months after the thirty day period expires.
d. An individual who is ineligible under paragraph b or c of this subdivision may reapply for TANF assistance after the applicable three month ineligibility period. Upon reapplying, the individual must test negative on a drug test before the individual may receive TANF assistance.
e. If an individual described in paragraph d of this subdivision tests positive on the drug test administered for the TANF reapplication process, the following apply:
(1) The individual is permanently ineligible to receive TANF assistance for the individual.
(2) A child on whose behalf the individual receives TANF assistance is ineligible for TANF assistance for as long as the child resides with the individual.
6. a. An individual who reapplies for TANF assistance under paragraph d of subdivision five of this section and is eligible to receive TANF assistance is subject to random drug testing as described in paragraph b of subdivision four of this section for as long as the individual receives TANF assistance.
b. The local social services office shall administer random drug tests to twenty-five percent of the pool of individuals described in paragraph a of this subdivision each month.
7. a. If an individual who is ineligible to receive TANF assistance under the provisions of this section and who was not a parent or guardian of a child at the time he or she became ineligible to receive TANF assistance subsequently becomes a parent or guardian of a child and tests negative on a drug test administered by the local social services office, the child is eligible for TANF assistance under this section if the child meets all the other eligibility requirements to receive TANF assistance.
b. An individual described in paragraph a of this subdivision is subject to random drug testing as described in paragraph b of subdivision six of this section for as long as the individual receives TANF assistance.
c. If an individual described under paragraph a of this subdivision tests positive on a drug test administered by the local social services office, the child on whose behalf the individual receives TANF assistance is ineligible to receive TANF assistance for as long as the child resides with the individual.
8. If an individual refuses to take a substance abuse subtle screening inventory test or drug test under this section, the following apply:
a. The individual is ineligible to receive TANF assistance.
b. A child on whose behalf the individual receives TANF assistance is ineligible for TANF assistance for as long as the child resides with the individual.
S. 7574 4
9. a. Except as provided in paragraph b of this subdivision, the local social services office shall pay the costs of a drug test administered under this section.
b. If an individual tests positive on a drug test administered under this section, the local social services office shall withhold the amount of the cost of the drug test from the next payment of TANF assistance the individual receives if the individual receives TANF assistance.
10. Any determination of ineligibility for TANF assistance under the provisions of this section is subject to appeal and judicial review as provided in section twenty-two of this chapter.
11. A drug test administered under the program must be performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory.
12. The local social services office shall notify the office of children and family services regarding a child who is ineligible for TANF assistance under this section. The office of children and family services shall, not later than nine months after the date it receives the notice, conduct a home visit at the child's residence to determine whether to pursue the report as a report of suspected child abuse or neglect.
13. The local social services office's records concerning the results of a drug test under this section may not be admitted against a defendant in a criminal proceeding.
14. As used in this section: a. "Controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.
b. "TANF assistance" means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
c. "Tests negative" or "testing negative" means that an individual:
(1) tests negative for the use of a controlled substance in the individual's body; and
(2) tests positive for the use of a controlled substance in the individual's body but has a valid prescription or an order of a practitioner acting in the course of the practitioner's professional practice for the controlled substance.
d. "Tests positive" or "testing positive" means an individual:
(1) tests positive for the presence of a controlled substance in the individual's body; and
(2) does not possess a valid prescription or an order of a practitioner acting in the course of the practitioner's professional practice for the controlled substance.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to requiring recipients of public assistance benefits submit to pre-qua- lification drug screening and testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing
Purpose or general idea of bill
The purpose of this bill is to require those receiving public assistance benefits to submit to drug testing in order to receive benefits.
Summary of specific provisions
Section 1. The social services law is amended by adding a new section 132-b. It adds:
(1) Sets the eligibility of those being drug tested
(2) Each local social services office shall, at the time an applicant applies for TANF assistance: (a) require the applicant to take a written substance abuse subtle screening inventory test administered by a county office and (b) notify the applicant the situations in which they will lose their TANF funding
(3) (a) A local social services office is considered to have reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance if specific mentioned situations OMIT
(4) A local social services office shall administer a drug test to a specific percentage of the pool of individuals receiving TANF assistance and provide a list
(5) (a) An individual who tests positive but provides proof they are participating in a drug abuse treatment program shall continue to receive TANF but will be drug tested a specific number of times (b) If an individual does not test negative in two consecutive tries, is ineli- gible for TANF for set amount of time (e) If an individual tests posi- tive and fails to provide evidence of drug assistance program, the indi- vidual losses TANF for set amount of time (d) Declared ineligible and upon reapplying individual must test negative (e) If individual tests positive on drug test for TANF reapplication process certain things apply
(6) Individual mentioned above must commit to random drug testing. Random drug testing done to specific number of people
(7) If an individual who is ineligible to receive TANF and then has a child and tests negative on a drug test, the child may be eligible for TANF. The individual must commit to random drug testing
(8) If the individual refuses to take a substance abuse subtle screening inventory test or drug test certain things may occur
(9) The local social services office shall pay the cost of the drug test unless (b) the person tests positive on the drug test
(10) Determination of ineligibility is subject to appeal and judicial review
(11) A drug test administered under the program must be performed by SAMHSA certified laboratory
(12) Office of Children and Family will be notified if a child is ineli- gible for TANF and will conduct a home visit no later than nine months later
(13) The results of a drug test may not be admitted against a defendant in criminal proceedings
(14) (a) Defines controlled substance (b) Defines TANF assistance (c) Defines test negative or testing negative.
Section two establishes the effective date.
Justification
The TANF (Temporary Aid for Needy Families) program was created to ensure that families in need use the benefits given to them for the purpose of feeding, clothing, and providing shelter for their children. Protecting the purpose of this program necessitates the drug testing of applicants.
Legislative history
A.3676 of 2015-16 A.6146 of 2013-14
Fiscal implications
Unknown
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.