NY State Senate Bill 2011-S5728

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to social services
Jun 14, 2011	referred to rules

co-Sponsors

2011-S5728 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §132, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3905
2015-2016: S2943
2017-2018: S3839

2011-S5728 (ACTIVE) - Summary

Requires 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.

2011-S5728 (ACTIVE) - Sponsor Memo

                                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.

2011-S5728 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5728

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 132 of the social services law, as
added by section 23 of part B of chapter 436 of the laws of 1997,  para-
graphs  (a) and (c) as amended by chapter 214 of the laws of 1998, para-
graphs (d), (e), (f) and (g) as amended by section  43-a  and  paragraph
(i)  as added by section 44 of part C of chapter 58 of the laws of 2008,
is amended to read as follows:
  4. (a) Investigation into [the cause of] the condition of  a  head  of
household  or  of  any  adult  applicant [or recipient and the treatment
which will be  helpful  to  such  person],  WHO  IS  UNDER  THE  AGE  OF
SIXTY-FIVE  YEARS, shall include a URINE DRUG TEST screening PROCESS for
[alcohol and/or substance abuse] ILLEGAL USE  OF  CONTROLLED  SUBSTANCES
using  a  standardized screening [instrument] PROCESS to be developed by
the office of alcoholism and substance abuse  services  in  consultation
with  the  department OF HEALTH.  Such screening shall be performed by a
social services district at the time of  application  [and  periodically
thereafter  but  not  more  frequently than every six months, unless the
district has reason to believe that an applicant or recipient is abusing
or dependent on alcohol or drugs, in accordance with regulations promul-
gated by the department] AT THE EXPENSE OF SUCH  HEAD  OF  HOUSEHOLD  OR
ADULT APPLICANT.
  (b)  When  the  screening  process  indicates  that there is reason to
believe that an applicant or recipient is [abusing or dependent on alco-
hol or drugs] ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE,  the
social  services  district  shall [require a formal alcohol or substance
abuse assessment, which may include drug testing, to be performed by  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07836-02-1

S. 5728                             2

alcohol  and/or  substance abuse professional credentialed by the office
of alcoholism and  substance  abuse  services.  The  assessment  may  be
performed  directly  by  the  district  or pursuant to contract with the
district]  IMMEDIATELY  DENY SUCH HEAD OF HOUSEHOLD OR APPLICANT, WHO IS
UNDER THE AGE OF SIXTY-FIVE YEARS, FROM RECEIVING ANY PUBLIC  ASSISTANCE
BENEFITS.
  (c) The social services official shall refer applicants and recipients
whom  it determines are presently INELIGIBLE FOR PUBLIC ASSISTANCE BENE-
FITS DUE TO A POSITIVE DRUG TEST RESULT  AND  THUS  unable  to  work  by
reason  of  their  need  for  treatment for [alcohol or] substance abuse
[based on the formal assessment] to  a  treatment  program  licensed  or
certified  by  the  office of alcoholism and substance abuse services or
operated by the United States office of veterans affairs and  determined
by  the social services official to meet the rehabilitation needs of the
individual. When residential  treatment  is  appropriate  for  a  single
custodial  parent,  the  social  services  official  shall make diligent
efforts to refer the parent to a program that would allow the family  to
remain intact for the duration of the treatment.
  (d)  A  person, WHO IS UNDER THE AGE OF SIXTY-FIVE YEARS, who fails to
participate in the URINE DRUG TEST screening or in the assessment  shall
be ineligible for public assistance. Other members of a household [which
includes  a  person  who  has  failed to participate in the screening or
assessment] UNDER THE AGE OF EIGHTEEN YEARS shall, if  otherwise  eligi-
ble,  receive  public  assistance only through [safety net assistance] A
CUSTODIAN OF SUCH ASSISTANCE APPOINTED BY THE SOCIAL SERVICES  DISTRICT,
if [they] SUCH MEMBERS are otherwise eligible for public assistance.
  (e)  [A  person  referred to a treatment program pursuant to paragraph
(c) of this subdivision, and the household with which he or she  resides
shall receive safety net assistance while the person is participating in
such  treatment,  if  the  household  is  otherwise  eligible for public
assistance. If a person referred to treatment cannot participate in that
treatment because treatment is not presently available, that person  and
the  household  with  which  he  or she resides shall receive safety net
assistance if the household is otherwise eligible for public assistance.
  (f) If an applicant or recipient is required,  pursuant  to  paragraph
(c) of this subdivision, to participate in an appropriate rehabilitation
program and refuses to participate in such program without good cause or
leaves  such  program  prior  to  completion of the program without good
cause, provided that program completion shall be  solely  determined  by
the guidelines and rules of such rehabilitation program, or if an appli-
cant or recipient has been suspended from the receipt of social security
disability  benefits  or supplemental security income benefits by reason
of noncompliance with requirements of the federal social security admin-
istration for treatment for substance abuse or alcohol abuse, the person
will be disqualified from receiving public assistance as follows:
  (i) for the first failure to participate in or complete  the  program,
until  the  failure  ceases  or for forty-five days, whichever period of
time is longer;
  (ii) for the second such failure, until the failure ceases or for  one
hundred twenty days, whichever period of time is longer; and
  (iii)  for the third and subsequent failures, until the failure ceases
or for one hundred eighty days, whichever period is longer.
  Good cause shall be defined in regulations by the commissioner.
  The household with which the person resides shall continue to  receive
safety net assistance if otherwise eligible.

S. 5728                             3

  (g)  Persons disqualified from receiving public assistance pursuant to
paragraph (f) of this subdivision who would otherwise  be  eligible  for
public  assistance and who return to required treatment prior to the end
of the disqualification period and are  receiving  residential  care  as
defined  in  paragraph  (d)  of subdivision three of section two hundred
nine of this chapter shall be eligible for safety net assistance.
  (h) Notwithstanding any inconsistent provision of section one  hundred
thirty-one-o  of this article, if a recipient required to participate in
an appropriate treatment program  pursuant  to  paragraph  (c)  of  this
subdivision receives a personal needs allowance, such allowance shall be
made  as  a  restricted  payment to the treatment program and shall be a
conditional payment. If such  recipient  leaves  the  treatment  program
prior  to the completion of such program, any accumulated personal needs
allowance will be considered an overpayment and returned to  the  social
services district which provided the personal needs allowance.
  (i)  Compliance  with  the provisions of this subdivision shall not be
required as a condition of applying for or receiving medical assistance]
ANY PERSON WHO SUBMITS TO A DRUG TEST PURSUANT TO THIS  SUBDIVISION  AND
HIS  OR  HER  TEST  IS  NEGATIVE  FOR  THE  ILLEGAL  USE  OF  CONTROLLED
SUBSTANCES, SHALL BE REIMBURSED BY THE SOCIAL SERVICES DISTRICT FOR  THE
EXPENSE OF SUCH TEST.
  (F)  ANY PERSON DENIED BENEFITS PURSUANT TO THIS SUBDIVISION MAY REAP-
PLY 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.
  S 2. This act shall take effect January 1, 2012.

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Senate Bill S5728

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

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co-Sponsors

2011-S5728 (ACTIVE) - Details

2011-S5728 (ACTIVE) - Summary

2011-S5728 (ACTIVE) - Sponsor Memo

2011-S5728 (ACTIVE) - Bill Text download pdf

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Social Services Committee

Actions

co-Sponsors

Catharine Young

2011-S5728 (ACTIVE) - Details

2011-S5728 (ACTIVE) - Summary

2011-S5728 (ACTIVE) - Sponsor Memo

2011-S5728 (ACTIVE) - Bill Text download pdf

Comments