Bill Text: NY S03905 | 2013-2014 | General Assembly | Amended


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 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO SOCIAL SERVICES [S03905 Detail]

Download: New_York-2013-S03905-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3905--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2013
                                      ___________
       Introduced by Sens. BALL, RITCHIE -- read twice and ordered printed, and
         when  printed  to  be committed to the Committee on Social Services --
         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    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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07289-03-3
       S. 3905--A                          2
    1  district has reason to believe that an applicant or recipient is abusing
    2  or dependent on alcohol or drugs, in accordance with regulations promul-
    3  gated  by  the  department]  AT THE EXPENSE OF SUCH HEAD OF HOUSEHOLD OR
    4  ADULT APPLICANT.
    5    (b)  When  the  screening  process  indicates  that there is reason to
    6  believe that an applicant or recipient is [abusing or dependent on alco-
    7  hol or drugs] ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE,  the
    8  social  services  district  shall [require a formal alcohol or substance
    9  abuse assessment, which may include drug testing, to be performed by  an
   10  alcohol  and/or  substance abuse professional credentialed by the office
   11  of alcoholism and  substance  abuse  services.  The  assessment  may  be
   12  performed  directly  by  the  district  or pursuant to contract with the
   13  district] IMMEDIATELY DENY SUCH HEAD OF HOUSEHOLD OR APPLICANT,  WHO  IS
   14  UNDER  THE AGE OF SIXTY-FIVE YEARS, FROM RECEIVING ANY PUBLIC ASSISTANCE
   15  BENEFITS.
   16    (c) The social services official shall refer applicants and recipients
   17  whom it determines are presently INELIGIBLE FOR PUBLIC ASSISTANCE  BENE-
   18  FITS  DUE  TO  A  POSITIVE  DRUG  TEST RESULT AND THUS unable to work by
   19  reason of their need for treatment  for  [alcohol  or]  substance  abuse
   20  [based  on  the  formal  assessment]  to a treatment program licensed or
   21  certified by the office of alcoholism and substance  abuse  services  or
   22  operated  by the United States office of veterans affairs and determined
   23  by the social services official to meet the rehabilitation needs of  the
   24  individual.  When  residential  treatment  is  appropriate  for a single
   25  custodial parent, the  social  services  official  shall  make  diligent
   26  efforts  to refer the parent to a program that would allow the family to
   27  remain intact for the duration of the treatment.
   28    (d) A person, WHO IS UNDER THE AGE OF SIXTY-FIVE YEARS, who  fails  to
   29  participate  in the URINE DRUG TEST screening or in the assessment shall
   30  be ineligible for public assistance. Other members of a household [which
   31  includes a person who has failed to  participate  in  the  screening  or
   32  assessment]  UNDER  THE AGE OF EIGHTEEN YEARS shall, if otherwise eligi-
   33  ble, receive public assistance only through [safety  net  assistance]  A
   34  CUSTODIAN  OF SUCH ASSISTANCE APPOINTED BY THE SOCIAL SERVICES DISTRICT,
   35  if [they] SUCH MEMBERS are otherwise eligible for public assistance.
   36    (e) [A person referred to a treatment program  pursuant  to  paragraph
   37  (c)  of this subdivision, and the household with which he or she resides
   38  shall receive safety net assistance while the person is participating in
   39  such treatment, if  the  household  is  otherwise  eligible  for  public
   40  assistance. If a person referred to treatment cannot participate in that
   41  treatment  because treatment is not presently available, that person and
   42  the household with which he or she  resides  shall  receive  safety  net
   43  assistance if the household is otherwise eligible for public assistance.
   44    (f)  If  an  applicant or recipient is required, pursuant to paragraph
   45  (c) of this subdivision, to participate in an appropriate rehabilitation
   46  program and refuses to participate in such program without good cause or
   47  leaves such program prior to completion  of  the  program  without  good
   48  cause,  provided  that  program completion shall be solely determined by
   49  the guidelines and rules of such rehabilitation program, or if an appli-
   50  cant or recipient has been suspended from the receipt of social security
   51  disability benefits or supplemental security income benefits  by  reason
   52  of noncompliance with requirements of the federal social security admin-
   53  istration for treatment for substance abuse or alcohol abuse, the person
   54  will be disqualified from receiving public assistance as follows:
       S. 3905--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    S  3.  The  social  services law is amended by adding two new sections
   37  147-a and 147-b to read as follows:
   38    S 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. 3905--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. 3905--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    S  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 THE
   35  SAME BUILDING OR COMPLEX AS CASINO, GAMBLING OR GAMING ACTIVITIES; OR
   36    (II) ANY OTHER ESTABLISHMENT THAT OFFERS CASINO,  GAMBLING  OR  GAMING
   37  ACTIVITIES  INCIDENTAL  TO THE PRINCIPAL PURPOSE OF THE BUSINESS OF SUCH
   38  ESTABLISHMENT.
   39    C. "LIQUOR STORE" MEANS ANY RETAIL ESTABLISHMENT WHICH EXCLUSIVELY  OR
   40  PRIMARILY  SELLS  ALCOHOLIC  BEVERAGES.  SUCH TERM SHALL NOT INCLUDE ANY
   41  GROCERY STORE WHICH SELLS BOTH  ALCOHOLIC  BEVERAGES  AND  STAPLE  FOODS
   42  (WITHIN  THE  MEANING  OF  SECTION 3(R) OF THE FOOD AND NUTRITION ACT OF
   43  2008 (7 U.S.C. 2012 (R)).
   44    D. "PUBLIC ASSISTANCE  BENEFITS"  MEANS  MONEY  OR  PROPERTY  PROVIDED
   45  DIRECTLY  OR  INDIRECTLY THROUGH PROGRAMS OF THE FEDERAL GOVERNMENT, THE
   46  STATE OR ANY POLITICAL SUBDIVISION  THEREOF,  AND  ADMINISTERED  BY  THE
   47  OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  OR  SOCIAL  SERVICES
   48  DISTRICTS.
   49    2. NO RECIPIENT OF PUBLIC ASSISTANCE BENEFITS SHALL  BY  MEANS  OF  AN
   50  ELECTRONIC BENEFIT TRANSFER TRANSACTION WITHDRAW OR USE SUCH BENEFITS IN
   51  ANY   LIQUOR  STORE,  CASINO  OR  RETAIL  ESTABLISHMENT  WHICH  PROVIDES
   52  ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
   53  AN  UNCLOTHED  STATE  FOR  ENTERTAINMENT.  ANY  PERSON  WHO VIOLATES THE
   54  PROVISIONS OF THIS SUBDIVISION SHALL UPON THE FIRST  SUCH  VIOLATION  BE
   55  DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF
   56  DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR  A
       S. 3905--A                          6
    1  PERIOD  OF ONE MONTH, UPON A FINDING OF A SECOND SUCH VIOLATION SHALL BE
    2  DISQUALIFIED FROM RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY  MEANS  OF
    3  DIRECT  CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
    4  PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
    5  VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
    6  ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC  BENE-
    7  FITS TRANSFER ACCESS DEVICE.  SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
    8  HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.
    9    3.  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH
   10  AND IMPLEMENT RULES AND REGULATIONS  PROHIBITING  RECIPIENTS  OF  PUBLIC
   11  ASSISTANCE  BENEFITS, BY MEANS OF ANY ELECTRONIC BENEFIT TRANSFER TRANS-
   12  ACTION, FROM WITHDRAWING OR USING ANY SUCH BENEFITS IN ANY LIQUOR STORE,
   13  CASINO OR RETAIL  ESTABLISHMENT  WHICH  PROVIDES  ADULT-ORIENTED  ENTER-
   14  TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
   15  FOR ENTERTAINMENT.
   16    S 4. The state finance law is amended by adding a new  section  85  to
   17  read as follows:
   18    S 85. PUBLIC ASSISTANCE INTEGRITY FUND. 1. THERE IS HEREBY ESTABLISHED
   19  IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
   20  TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS  THE  "PUBLIC
   21  ASSISTANCE INTEGRITY FUND".
   22    2.  THE  PUBLIC  ASSISTANCE  INTEGRITY  FUND  SHALL  CONSIST OF MONIES
   23  RECEIVED BY THE STATE FROM FINES AND FEES IMPOSED PURSUANT  TO  SECTIONS
   24  ONE  HUNDRED  FORTY-SEVEN-A  AND ONE HUNDRED FORTY-SEVEN-B OF THE SOCIAL
   25  SERVICES LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED OR TRANSFERRED
   26  THERETO FROM ANY OTHER FUND OR SOURCE.
   27    3. MONIES OF THE PUBLIC ASSISTANCE INTEGRITY FUND, FOLLOWING APPROPRI-
   28  ATION THEREOF, SHALL BE SOLELY MADE AVAILABLE TO THE OFFICE OF TEMPORARY
   29  AND DISABILITY ASSISTANCE FOR EXPENDITURE FOR THE COSTS OF  SUCH  OFFICE
   30  ASSOCIATED  WITH  THE PREVENTION OF MISUSE OF PUBLIC ASSISTANCE BENEFITS
   31  INCLUDING, BUT NOT LIMITED TO, ADMINISTRATION, OVERSIGHT,  TRAINING  AND
   32  ENFORCEMENT RELATED ACTIVITIES.
   33    S  5.  This  act  shall  take effect February 22, 2014; provided that,
   34  effective immediately, any actions necessary to implement the provisions
   35  of this act on its effective date are  authorized  and  directed  to  be
   36  completed on or before such date.
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