§ 139-a. Special provisions to avoid abuse of assistance and care. 1.\nAny person who shall apply for safety net assistance or family\nassistance within one year after arrival in this state, shall be\npresumed to have come into the state for the purpose of receiving public\nassistance or care and the social services official where application is\nmade, shall deny public assistance and care to such applicant unless\nsuch applicant shall establish by clear and convincing proof that the\npurpose of his or her entry was not for the purpose of securing public\nassistance and care in this state. In addition to complying with the\nforegoing provisions, the applicant shall also submit with his or her\napplication a certificate from the appropriate local employment office\nof the state department of labor issued within a two week period from\nthe date of his or her application stating that such employment office\nhas no order for an opening in part-time, full-time, temporary or\npermanent work of any kind to which the applicant could properly be\nreferred by such office, taking into consideration only his or her\nphysical and mental capacity without reference to his or her customary\noccupation or acquired skill.\n 2. The social services official shall in every case complete his\ninvestigation and make his determination of the application under this\nsection not more than thirty days after receipt of the application.\n 3. (a) The social services districts of Allegany, Broome, Dutchess,\nNiagara, Onondaga, Oneida, Orange, Oswego, Rensselaer, Rockland,\nSteuben, and Suffolk shall authorize and implement demonstration\nprojects for the purposes of determining the cost-effectiveness of\npreventing multiple enrollment of home relief benefit recipients through\nthe use of an automated two-digit finger imaging matching identification\nsystem. The system shall only include home relief benefit recipient\nfinger imaging upon application for eligibility for such benefits and\nfinger imaging of home relief recipients currently receiving home relief\nbenefits.\n (b) Notwithstanding the provisions of section one hundred thirty-six\nof this article or any other provision of law, data collected and\nmaintained through the use of an automated finger imaging matching\nidentification system as authorized by this subdivision may not be used,\ndisclosed or redisclosed for any purpose other than the prevention of\nmultiple enrollments in home relief, may not be used or admitted in any\ncriminal or civil investigation, prosecution, or proceeding, other than\na civil proceeding pursuant to section one hundred forty-five-c of this\narticle, and may not be disclosed in response to a subpoena or other\ncompulsory legal process or warrant, or upon request or order of any\nagency, authority, division, office or other private or public entity or\nperson, except that nothing contained herein shall prohibit disclosure\nin response to a subpoena issued by or on behalf of the applicant or\nrecipient who is the subject of the record maintained as a part of such\nsystem. Any person who knowingly makes or obtains any unauthorized\ndisclosure of data collected and maintained through the use of an\nautomated two-digit finger imaging matching identification system shall\nbe guilty of a class A misdemeanor, and shall be punished in accordance\nwith the provisions of the penal law.\n (c) Data collected and maintained on the automated two-digit finger\nimaging matching identification system shall be subject to those\nprovisions relating to unauthorized disclosure of confidential client\ninformation currently subject to part 357 of the commissioner's\nregulations.\n (d) Such social services districts shall develop a competitive request\nfor proposal for an automated two-digit finger imaging matching\nidentification system, and shall thereafter contract for the services of\na firm certified by the department as able to design and implement such\nautomated two-digit finger
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