Brabenec, Brown K, DeStefano, DiPietro, Lemondes, Manktelow, McDonough, Morinello, Chludzinski
MLTSPNSR
Amd §131, Soc Serv L
Provides that before a person may receive public assistance benefits, they must submit to and pass a drug test; requires health care professionals, law enforcement agencies, and courts report certain instances of substance abuse to the commissioner of social services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1065
SPONSOR: Angelino TITLE OF BILL:
An act to amend the social services law, in relation to people receiving
public assistance
PURPOSE OR GENERAL IDEA OF BILL:
Provides that before a person may receive public assistance benefits, he
or she must submit to and pass a drug test.
SUMMARY OF PROVISIONS:
Section 1. Section 131 of the social services law is amended by adding a
new subdivision 9-a to read: Upon determining that a person is eligible
for any form or category of public assistance and prior to making any
distribution to such person, the social services official shall require
the person seeking assistance to submit to a drug test. The commissioner
of health shall establish rules and regulations regarding the method of
testing, the frequency of testing, the substance for which to be tested,
and what constitutes failing such drug test. If a person fails the drug
test, he or she shall enroll in a drug rehabilitation program certified
by the commissioner of health. Such person shall not be eligible to
receive any assistance under this chapter if he or she fails to enroll
and actively participate in the rehabilitation program. b. Any health
care professional, law enforcement agency or court shall report
substance abuse information of persons eligible for any form or category
of public assistance to the commissioner. The commissioner shall launch
an investigation into and withhold public assistance from any person
reported under this paragraph and have such person placed into a
substance abuse rehabilitation facility or another program to end the
drug abuse.
JUSTIFICATION:
New York State offers a variety of programs to financially assist low to
poor income families with food stamps and other necessities needed to
survive with little or no money. The assistance provided to them from
our State has very strict rules and regulations they must follow in
order to continue to receive such necessities. Too often individuals
take advantage of our public assistance program and try to pocket or use
their extra funds to purchase items they're not supposed to such as
drugs. Before determining that a person is eligible for any form or
category of public assistance, and prior to making any distribution to
such person, the social services official shall require the person seek-
ing assistance to submit to a drug test. And if he or she fails the drug
test then they must be required to enroll in a drug rehabilitation
program certified by the commissioner of health.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.
STATE OF NEW YORK
________________________________________________________________________
1065
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. ANGELINO, BRABENEC, K. BROWN, DeSTEFANO, DiPIE-
TRO, LEMONDES, MANKTELOW, McDONOUGH, MORINELLO -- read once and
referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to people receiving
public assistance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 131 of the social services law is amended by adding
2 a new subdivision 9-a to read as follows:
3 9-a. a. Upon determining that a person is eligible for any form or
4 category of public assistance and prior to making any distribution to
5 such person, the social services official shall require the person seek-
6 ing assistance to submit to a drug test. The commissioner of health
7 shall establish rules and regulations regarding the method of testing,
8 the frequency of testing, the substances for which to be tested, and
9 what constitutes failing such drug test. If a person fails the drug
10 test, they shall enroll in a drug rehabilitation program certified by
11 the commissioner of health. Such person shall not be eligible to receive
12 any assistance under this chapter if they fail to enroll and actively
13 participate in the rehabilitation program.
14 b. Any health care professional, law enforcement agency or court shall
15 report substance abuse information of persons eligible for any form or
16 category of public assistance to the commissioner. The commissioner
17 shall launch an investigation into and withhold public assistance from
18 any person reported under this paragraph and have such person placed
19 into a substance abuse rehabilitation facility or another program to end
20 the drug abuse.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02668-01-5
