Bill Text: NY S02943 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-02-22 - PRINT NUMBER 2943A [S02943 Detail]
Download: New_York-2015-S02943-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-02-22 - PRINT NUMBER 2943A [S02943 Detail]
Download: New_York-2015-S02943-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2943
2015-2016 Regular Sessions
I N S E N A T E
January 30, 2015
___________
Introduced by Sen. RITCHIE -- 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 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 S 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
12 SIXTY-FIVE YEARS, shall include a URINE DRUG TEST screening PROCESS for
13 [alcohol and/or substance abuse] ILLEGAL USE OF CONTROLLED SUBSTANCES
14 using a standardized screening [instrument] PROCESS to be developed by
15 the office of alcoholism and substance abuse services in consultation
16 with the department OF HEALTH. Such screening shall be performed by a
17 social services district at the time of application [and periodically
18 thereafter but not more frequently than every six months, unless the
19 district has reason to believe that an applicant or recipient is abusing
20 or dependent on alcohol or drugs, in accordance with regulations promul-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07071-01-5
S. 2943 2
1 gated by the department] AT THE EXPENSE OF SUCH HEAD OF HOUSEHOLD OR
2 ADULT APPLICANT.
3 (b) When the screening process indicates that there is reason to
4 believe that an applicant or recipient is [abusing or dependent on alco-
5 hol or drugs] ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE, the
6 social services district shall [require a formal alcohol or substance
7 abuse assessment, which may include drug testing, to be performed by an
8 alcohol and/or substance abuse professional credentialed by the office
9 of alcoholism and substance abuse services. The assessment may be
10 performed directly by the district or pursuant to contract with the
11 district] IMMEDIATELY DENY SUCH HEAD OF HOUSEHOLD OR APPLICANT, WHO IS
12 UNDER THE AGE OF SIXTY-FIVE YEARS, FROM RECEIVING ANY PUBLIC ASSISTANCE
13 BENEFITS.
14 (c) The social services official shall refer applicants and recipients
15 whom it determines are presently INELIGIBLE FOR PUBLIC ASSISTANCE BENE-
16 FITS DUE TO A POSITIVE DRUG TEST RESULT AND THUS unable to work by
17 reason of their need for treatment for [alcohol or] substance abuse
18 [based on the formal assessment] to a treatment program licensed or
19 certified by the office of alcoholism and substance abuse services or
20 operated by the United States office of veterans affairs and determined
21 by the social services official to meet the rehabilitation needs of the
22 individual. When residential treatment is appropriate for a single
23 custodial parent, the social services official shall make diligent
24 efforts to refer the parent to a program that would allow the family to
25 remain intact for the duration of the treatment.
26 (d) A person, WHO IS UNDER THE AGE OF SIXTY-FIVE YEARS, who fails to
27 participate in the URINE DRUG TEST screening or in the assessment shall
28 be ineligible for public assistance. Other members of a household [which
29 includes a person who has failed to participate in the screening or
30 assessment] UNDER THE AGE OF EIGHTEEN YEARS shall, if otherwise eligi-
31 ble, receive public assistance only through [safety net assistance] A
32 CUSTODIAN OF SUCH ASSISTANCE APPOINTED BY THE SOCIAL SERVICES DISTRICT,
33 if [they] SUCH MEMBERS are otherwise eligible for public assistance.
34 (e) [A person referred to a treatment program pursuant to paragraph
35 (c) of this subdivision, and the household with which he or she resides
36 shall receive safety net assistance while the person is participating in
37 such treatment, if the household is otherwise eligible for public
38 assistance. If a person referred to treatment cannot participate in that
39 treatment because treatment is not presently available, that person and
40 the household with which he or she resides shall receive safety net
41 assistance if the household is otherwise eligible for public assistance.
42 (f) If an applicant or recipient is required, pursuant to paragraph
43 (c) of this subdivision, to participate in an appropriate rehabilitation
44 program and refuses to participate in such program without good cause or
45 leaves such program prior to completion of the program without good
46 cause, provided that program completion shall be solely determined by
47 the guidelines and rules of such rehabilitation program, or if an appli-
48 cant or recipient has been suspended from the receipt of social security
49 disability benefits or supplemental security income benefits by reason
50 of noncompliance with requirements of the federal social security admin-
51 istration for treatment for substance abuse or alcohol abuse, the person
52 will be disqualified from receiving public assistance as follows:
53 (i) for the first failure to participate in or complete the program,
54 until the failure ceases or for forty-five days, whichever period of
55 time is longer;
S. 2943 3
1 (ii) for the second such failure, until the failure ceases or for one
2 hundred twenty days, whichever period of time is longer; and
3 (iii) for the third and subsequent failures, until the failure ceases
4 or for one hundred eighty days, whichever period is longer.
5 Good cause shall be defined in regulations by the commissioner.
6 The household with which the person resides shall continue to receive
7 safety net assistance if otherwise eligible.
8 (g) Persons disqualified from receiving public assistance pursuant to
9 paragraph (f) of this subdivision who would otherwise be eligible for
10 public assistance and who return to required treatment prior to the end
11 of the disqualification period and are receiving residential care as
12 defined in paragraph (d) of subdivision three of section two hundred
13 nine of this chapter shall be eligible for safety net assistance.
14 (h) Notwithstanding any inconsistent provision of section one hundred
15 thirty-one-o of this article, if a recipient required to participate in
16 an appropriate treatment program pursuant to paragraph (c) of this
17 subdivision receives a personal needs allowance, such allowance shall be
18 made as a restricted payment to the treatment program and shall be a
19 conditional payment. If such recipient leaves the treatment program
20 prior to the completion of such program, any accumulated personal needs
21 allowance will be considered an overpayment and returned to the social
22 services district which provided the personal needs allowance.
23 (i) Compliance with the provisions of this subdivision shall not be
24 required as a condition of applying for or receiving medical assistance]
25 ANY PERSON WHO SUBMITS TO A DRUG TEST PURSUANT TO THIS SUBDIVISION AND
26 HIS OR HER TEST IS NEGATIVE FOR THE ILLEGAL USE OF CONTROLLED
27 SUBSTANCES, SHALL BE REIMBURSED BY THE SOCIAL SERVICES DISTRICT FOR THE
28 EXPENSE OF SUCH TEST.
29 (F) ANY PERSON DENIED BENEFITS PURSUANT TO THIS SUBDIVISION MAY REAP-
30 PLY FOR SUCH BENEFITS UPON SUBMISSION TO ANOTHER DRUG TEST AND THE
31 RETURN RESULT OF SUCH TEST WHICH IS NEGATIVE FOR THE ILLEGAL USE OF
32 CONTROLLED SUBSTANCES.
33 S 3. The social services law is amended by adding two new sections
34 147-a and 147-b to read as follows:
35 S 147-A. PENALTIES FOR THE PURCHASE OR SALE OF ALCOHOLIC BEVERAGES,
36 TOBACCO PRODUCTS OR LOTTERY TICKETS WITH PUBLIC ASSISTANCE BENEFITS. 1.
37 FOR THE PURPOSES OF THIS SECTION, "PUBLIC ASSISTANCE BENEFITS" MEANS
38 MONEY OR PROPERTY PROVIDED DIRECTLY OR INDIRECTLY THROUGH PROGRAMS OF
39 THE FEDERAL GOVERNMENT, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF,
40 AND ADMINISTERED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR
41 SOCIAL SERVICES DISTRICTS.
42 2. NO RECIPIENT OF PUBLIC ASSISTANCE BENEFITS SHALL USE ALL OR ANY
43 PORTION OF SUCH BENEFITS FOR THE PURCHASE OF ANY ALCOHOLIC BEVERAGE,
44 TOBACCO PRODUCT OR LOTTERY TICKET. ANY PERSON WHO VIOLATES THE
45 PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST SUCH VIOLATION BE
46 DISQUALIFIED FROM RECEIVING PUBLIC ASSISTANCE BENEFITS BY MEANS OF
47 DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
48 PERIOD OF ONE MONTH, UPON A FINDING OF A SECOND 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 THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
52 VIOLATION SHALL BE PERMANENTLY DISQUALIFIED FROM RECEIVING PUBLIC
53 ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC BENE-
54 FITS TRANSFER ACCESS DEVICE. SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
55 HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER. NOTWITHSTANDING
56 ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW TO THE CONTRARY, NO
S. 2943 4
1 APPLICANT FOR PUBLIC ASSISTANCE BENEFITS SHALL BE APPROVED UNLESS HE OR
2 SHE ATTESTS TO THE FACT THAT ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND
3 LOTTERY TICKETS ARE PRODUCTS WHICH ARE PROHIBITED FROM BEING PURCHASED
4 WITH SUCH BENEFITS PURSUANT TO THIS SECTION. SUCH ATTESTATION SHALL BE
5 IN A FORM PRESCRIBED BY THE COMMISSIONER OF TEMPORARY AND DISABILITY
6 ASSISTANCE.
7 3. NO PERSON ENGAGED IN RETAIL SALES, OR ANY AGENT OR EMPLOYEE THERE-
8 OF, SHALL SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE, TOBACCO PRODUCT
9 OR LOTTERY TICKET TO ANY OTHER PERSON IN EXCHANGE FOR OR FOR CONSIDER-
10 ATION OF PUBLIC ASSISTANCE BENEFITS BY MEANS OF AN ELECTRONIC BENEFITS
11 TRANSFER ACCESS DEVICE. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
12 SUBDIVISION SHALL BE SUBJECT TO A CIVIL FINE OF ONE HUNDRED DOLLARS FOR
13 THE FIRST SUCH VIOLATION, A CIVIL FINE OF FIVE HUNDRED DOLLARS FOR THE
14 SECOND SUCH VIOLATION WITHIN ANY FIVE YEAR PERIOD OF TIME, AND UPON A
15 FINDING OF A THIRD OR A SUBSEQUENT VIOLATION WITHIN ANY FIVE YEAR PERIOD
16 OF TIME THE LICENSE, PERMIT OR CERTIFICATION ISSUED TO SUCH PERSON
17 PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW, AND/OR ARTICLE TWENTY
18 AND/OR ARTICLE THIRTY-FOUR OF THE TAX LAW SHALL BE SUSPENDED.
19 4. IN ANY PROCEEDING BROUGHT AGAINST THE OPERATOR OF A RETAIL BUSINESS
20 ENGAGED IN RETAIL SALES, PURSUANT TO SUBDIVISION THREE OF THIS SECTION
21 WHEN THE UNLAWFUL SALE WAS MADE BY AN AGENT OR EMPLOYEE OF THE OPERATOR
22 OF SUCH BUSINESS, IT SHALL BE AN AFFIRMATIVE DEFENSE IN FAVOR OF SUCH
23 OPERATOR THAT, AT THE TIME OF SUCH ALLEGED VIOLATION, THE BUSINESS OPER-
24 ATOR CAN AND DOES PRODUCE PROOF THAT THE AGENT OR EMPLOYEE WHO COMMITTED
25 SUCH VIOLATION COMPLETED A TRAINING PROGRAM ESTABLISHED PURSUANT TO
26 SUBDIVISION FIVE OF THIS SECTION.
27 5. A. THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
28 PROMULGATE RULES AND REGULATIONS THAT WOULD DEVELOP AND ESTABLISH CRITE-
29 RIA FOR TRAINING PROGRAMS ON THE PROHIBITION ON THE SALE AND PURCHASE OF
30 ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND LOTTERY TICKETS IN EXCHANGE
31 FOR PUBLIC ASSISTANCE BENEFITS. SUCH TRAINING MAY BE GIVEN AND ADMINIS-
32 TERED BY SCHOOLS; OTHER ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE
33 MEMBERS ARE ENGAGED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES, TOBACCO
34 PRODUCTS AND/OR LOTTERY TICKETS; AND NATIONAL AND REGIONAL FRANCHISORS
35 WITH AT LEAST FIVE FRANCHISES IN THE STATE WHICH ENGAGE IN THE SALES OF
36 ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND/OR LOTTERY TICKETS. THE OFFICE
37 OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROVIDE FOR THE ISSUANCE OF
38 CERTIFICATES OF APPROVAL TO ALL CERTIFIED TRAINING PROGRAMS ON THE
39 PROHIBITION ON THE SALE AND PURCHASE OF ALCOHOLIC BEVERAGES, TOBACCO
40 PRODUCTS AND/OR LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE BENE-
41 FITS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE OFFICE OF TEMPORARY
42 AND DISABILITY ASSISTANCE FOR FAILURE TO ADHERE TO THE COMMISSIONER'S
43 RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL AFFORD THOSE WHO
44 HAVE BEEN ISSUED A CERTIFICATE OF APPROVAL AN OPPORTUNITY FOR A HEARING
45 PRIOR TO ANY DETERMINATION OF WHETHER SUCH CERTIFICATE SHOULD BE
46 REVOKED. THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
47 ADOPT RULES TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
48 MINIMUM REQUIREMENTS FOR THE CURRICULUM OF EACH SUCH TRAINING PROGRAM
49 AND THE REGULAR TRAINING OF AGENTS AND EMPLOYEES HOLDING CERTIFICATES OF
50 COMPLETION OR RENEWAL CERTIFICATES.
51 B. TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, THE OFFICE OF
52 TEMPORARY AND DISABILITY ASSISTANCE IS EMPOWERED TO REQUIRE IN
53 CONNECTION WITH AN APPLICATION THE SUBMISSION OF SUCH INFORMATION AS
54 SUCH OFFICE MAY DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL
55 REPORTS IT DEEMS NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE
56 HOLDER; TO CONDUCT INVESTIGATIONS, TO REQUIRE MAINTENANCE OF SUCH BOOKS
S. 2943 5
1 AND RECORDS AS SUCH OFFICE MAY DIRECT; AND TO CANCEL, REVOKE OR SUSPEND
2 FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION.
3 C. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A TRAINING PROGRAM ON
4 THE PROHIBITION ON THE SALE AND PURCHASE OF ALCOHOLIC BEVERAGES, TOBACCO
5 PRODUCTS AND LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE BENEFITS
6 SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL PERSONS ENGAGED IN RETAIL
7 SALES, AND THE AGENTS AND EMPLOYEES THEREOF WHO SUCCESSFULLY COMPLETE
8 SUCH APPROVED TRAINING PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT TO
9 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE THE NAMES, ADDRESSES
10 AND DATES OF ATTENDANCE OF ALL SUCH PERSONS, AGENTS AND EMPLOYEES WHO
11 SUCCESSFULLY COMPLETE AN APPROVED TRAINING PROGRAM. SUCH TRANSMITTAL
12 SHALL BE IN A FORM AND MANNER PRESCRIBED BY SUCH OFFICE. A CERTIFICATE
13 OF COMPLETION OR RENEWAL THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE
14 AND ADMINISTER A TRAINING PROGRAM PURSUANT TO THIS SUBDIVISION TO
15 PERSONS ENGAGED IN RETAIL SALES, AND THE AGENTS AND EMPLOYEES THEREOF
16 SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYER. ATTENDANCE AT ANY
17 COURSE ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE IN PERSON,
18 THROUGH DISTANCE LEARNING METHODS OR THROUGH AN INTERNET BASED ONLINE
19 PROGRAM. EACH CERTIFICATE OF APPROVAL, RENEWAL AND COMPLETION THEREOF
20 SHALL BE ISSUED FOR A PERIOD OF THREE YEARS.
21 S 147-B. PROHIBITION OF USE OF PUBLIC ASSISTANCE BENEFITS IN CERTAIN
22 FACILITIES. 1. FOR THE PURPOSES OF THIS SECTION:
23 A. "ELECTRONIC BENEFIT TRANSFER TRANSACTION" MEANS THE USE OF A CREDIT
24 CARD OR DEBIT CARD SERVICE, AUTOMATED TELLER MACHINE, POINT-OF-SALE
25 TERMINAL OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR
26 THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
27 B. "CASINO" MEANS ANY CASINO, GAMING ESTABLISHMENT OR GAMBLING CASINO,
28 BUT SHALL NOT INCLUDE:
29 (I) ANY RETAIL STORE WHICH SELLS GROCERIES INCLUDING STAPLE FOODS
30 (WITHIN THE MEANING OF SECTION 3(R) OF THE FOOD AND NUTRITION ACT OF
31 2008 (7 U.S.C. 2012 (R))), AND WHICH ALSO OFFERS OR IS LOCATED WITHIN
32 THE SAME BUILDING OR COMPLEX AS CASINO, GAMBLING OR GAMING ACTIVITIES;
33 OR
34 (II) ANY OTHER ESTABLISHMENT THAT OFFERS CASINO, GAMBLING OR GAMING
35 ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS OF SUCH
36 ESTABLISHMENT.
37 C. "LIQUOR STORE" MEANS ANY RETAIL ESTABLISHMENT WHICH EXCLUSIVELY OR
38 PRIMARILY SELLS ALCOHOLIC BEVERAGES. SUCH TERM SHALL NOT INCLUDE ANY
39 GROCERY STORE WHICH SELLS BOTH ALCOHOLIC BEVERAGES AND STAPLE FOODS
40 (WITHIN THE MEANING OF SECTION 3(R) OF THE FOOD AND NUTRITION ACT OF
41 2008 (7 U.S.C. 2012 (R))).
42 D. "PUBLIC ASSISTANCE BENEFITS" MEANS MONEY OR PROPERTY PROVIDED
43 DIRECTLY OR INDIRECTLY THROUGH PROGRAMS OF THE FEDERAL GOVERNMENT, THE
44 STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND ADMINISTERED BY THE
45 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR SOCIAL SERVICES
46 DISTRICTS.
47 2. NO RECIPIENT OF PUBLIC ASSISTANCE BENEFITS SHALL BY MEANS OF AN
48 ELECTRONIC BENEFIT TRANSFER TRANSACTION WITHDRAW OR USE SUCH BENEFITS IN
49 ANY LIQUOR STORE, CASINO OR RETAIL ESTABLISHMENT WHICH PROVIDES
50 ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN
51 AN UNCLOTHED STATE FOR ENTERTAINMENT. ANY PERSON WHO VIOLATES THE
52 PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST SUCH VIOLATION BE
53 DISQUALIFIED FROM RECEIVING PUBLIC ASSISTANCE BENEFITS BY MEANS OF
54 DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
55 PERIOD OF ONE MONTH, UPON A FINDING OF A SECOND SUCH VIOLATION SHALL BE
56 DISQUALIFIED FROM RECEIVING PUBLIC ASSISTANCE BENEFITS BY MEANS OF
S. 2943 6
1 DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
2 PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
3 VIOLATION SHALL BE PERMANENTLY DISQUALIFIED FROM RECEIVING PUBLIC
4 ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC BENE-
5 FITS TRANSFER ACCESS DEVICE. SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
6 HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.
7 3. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH
8 AND IMPLEMENT RULES AND REGULATIONS PROHIBITING RECIPIENTS OF PUBLIC
9 ASSISTANCE BENEFITS, BY MEANS OF ANY ELECTRONIC BENEFIT TRANSFER TRANS-
10 ACTION, FROM WITHDRAWING OR USING ANY SUCH BENEFITS IN ANY LIQUOR STORE,
11 CASINO OR RETAIL ESTABLISHMENT WHICH PROVIDES ADULT-ORIENTED ENTER-
12 TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
13 FOR ENTERTAINMENT.
14 S 4. The state finance law is amended by adding a new section 85 to
15 read as follows:
16 S 85. PUBLIC ASSISTANCE INTEGRITY FUND. 1. THERE IS HEREBY ESTABLISHED
17 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
18 TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "PUBLIC
19 ASSISTANCE INTEGRITY FUND".
20 2. THE PUBLIC ASSISTANCE INTEGRITY FUND SHALL CONSIST OF MONIES
21 RECEIVED BY THE STATE FROM FINES AND FEES IMPOSED PURSUANT TO SECTIONS
22 ONE HUNDRED FORTY-SEVEN-A AND ONE HUNDRED FORTY-SEVEN-B OF THE SOCIAL
23 SERVICES LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED OR TRANSFERRED
24 THERETO FROM ANY OTHER FUND OR SOURCE.
25 3. MONIES OF THE PUBLIC ASSISTANCE INTEGRITY FUND, FOLLOWING APPROPRI-
26 ATION THEREOF, SHALL BE SOLELY MADE AVAILABLE TO THE OFFICE OF TEMPORARY
27 AND DISABILITY ASSISTANCE FOR EXPENDITURE FOR THE COSTS OF SUCH OFFICE
28 ASSOCIATED WITH THE PREVENTION OF MISUSE OF PUBLIC ASSISTANCE BENEFITS
29 INCLUDING, BUT NOT LIMITED TO, ADMINISTRATION, OVERSIGHT, TRAINING AND
30 ENFORCEMENT RELATED ACTIVITIES.
31 S 5. This act shall take effect February 22, 2016. Effective imme-
32 diately, any actions necessary to implement the provisions of this act
33 on its effective date are authorized to be made on or before such date.
