S T A T E O F N E W Y O R K ________________________________________________________________________ 4143 2015-2016 Regular Sessions I N A S S E M B L Y January 29, 2015 ___________ Introduced by M. of A. DenDEKKER, WEPRIN -- Multi-Sponsored by -- M. of A. BRENNAN, CERETTO, ORTIZ, ROBINSON, SKARTADOS, TITONE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to unlawful discriminato- ry practices by government agencies relating to persons recovering from alcohol and/or substance abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new section 296-d 2 to read as follows: 3 S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES BY GOVERNMENT AGENCIES 4 RELATING TO PERSONS RECOVERING FROM ALCOHOL AND/OR SUBSTANCE ABUSE. 1. 5 FOR THE PURPOSES OF THIS SECTION: 6 (A) "GOVERNMENT AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD, 7 BUREAU, COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR 8 PUBLIC CORPORATION OF THE STATE OR A COUNTY, CITY, TOWN OR VILLAGE 9 GOVERNMENT OR ANY OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC 10 EDUCATIONAL INSTITUTION. 11 (B) "ALCOHOL ABUSE" AND/OR "SUBSTANCE ABUSE" SHALL HAVE THE SAME MEAN- 12 INGS AS SET FORTH IN SECTION 1.03 OF THE MENTAL HYGIENE LAW. 13 2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A GOVERNMENT 14 AGENCY EMPLOYER TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE SOLELY ON 15 THE BASIS THAT SUCH PROSPECTIVE EMPLOYEE IS RECOVERING FROM ALCOHOL 16 AND/OR SUBSTANCE ABUSE. 17 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07990-01-5