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