Bill Text: NY A04401 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires recipients of public assistance benefits submit to pre-qualification drug screening and testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-01-05 - referred to social services [A04401 Detail]
Download: New_York-2021-A04401-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4401 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Social Services AN ACT to amend the social services law, in relation to requiring recip- ients of public assistance benefits submit to pre-qualification drug screening and testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 132-b to read as follows: 3 § 132-b. Drug testing. 1. Every person who a. is eligible to receive 4 TANF assistance or who receives TANF assistance on behalf of a child; 5 and b. is at least eighteen years of age shall, as a condition of 6 receiving TANF assistance, submit to drug testing, random drug testing, 7 reasonable suspicion drug testing and resumption of benefits drug test- 8 ing, in accordance with the requirements of this section and otherwise 9 comply with the provisions of this section. 10 2. Each local social services office shall, at the time an applicant 11 applies for TANF assistance: 12 a. require the applicant to take a written substance abuse subtle 13 screening inventory test administered by a county office; and 14 b. notify the applicant that: 15 (1) the applicant is required to take a written substance abuse subtle 16 screening inventory test; 17 (2) the applicant may be subject to random drug testing based on the 18 results of the test described in paragraph a of this subdivision; 19 (3) the applicant may be subject to drug testing if the county office 20 believes, based on reasonable suspicion as set forth in subdivision 21 three of this section, that the individual is engaged in the illegal use 22 of a controlled substance; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06116-01-1A. 4401 2 1 (4) if the applicant tests positive on a drug test administered under 2 this section, the individual or the child on whose behalf the individual 3 receives TANF assistance may be ineligible for TANF assistance; 4 (5) if the applicant tests positive on a drug test administered under 5 this section, the amount of the cost of the drug test will be withheld 6 from any future TANF assistance the individual receives if the individ- 7 ual continues to receive TANF assistance; and 8 (6) if the applicant tests positive on a drug test administered under 9 this section, the amount of the cost of any subsequent drug tests the 10 individual is required to undergo will be withheld from the TANF assist- 11 ance the individual receives, if the individual continues to receive 12 TANF assistance, regardless of whether the individual tests positive or 13 tests negative on the drug test. 14 3. a. A local social services office is considered to have reasonable 15 suspicion to believe that an individual is engaged in the illegal use of 16 a controlled substance if one or more of the following apply: 17 (1) the individual has been charged with an offense under article two 18 hundred twenty (controlled substances offenses) or two hundred twenty- 19 one (offenses involving marihuana) of the penal law; 20 (2) the results of the substance abuse subtle screening inventory test 21 indicate that the individual is a risk for the illegal use of a 22 controlled substance; or 23 (3) the individual has previously failed a drug test administered 24 under this section. 25 b. If a local social services office has knowledge that an individual 26 has been formally charged with an offense described in subparagraph one 27 of paragraph a of this subdivision, the local social services office 28 shall administer a drug test to the individual. 29 c. If a local social services office has reasonable suspicion to 30 believe from the results of a substance abuse subtle screening inventory 31 test that an individual is engaged in the illegal use of a controlled 32 substance, the individual shall be placed in a pool of individuals who 33 are subject to drug testing described in paragraph a of subdivision four 34 of this section. 35 d. If a local social services office has reasonable suspicion to 36 believe that an individual is engaged in the illegal use of a controlled 37 substance as the result of failing a drug test administered under this 38 section, the individual shall be placed in a pool of individuals who are 39 subject to random drug testing as described in paragraph b of subdivi- 40 sion four of this section. 41 4. a. The local social services office shall administer a drug test to 42 at least fifty percent of the pool of individuals described in paragraph 43 c of subdivision three of this section. An individual may not be tested 44 more than once under this section. 45 b. The local social services office shall administer random drug tests 46 to twenty-five percent of the pool of individuals described in paragraph 47 d of subdivision three of this section each month. 48 c. The local social services office shall provide a list of drug abuse 49 treatment programs to any individual who tests positive under this 50 section. 51 5. a. An individual who tests positive under this section and provides 52 evidence that the individual is participating in a drug abuse treatment 53 program shall continue to receive TANF assistance. However, the office 54 of the secretary shall administer a drug test to the individual regular- 55 ly at intervals of at least twenty days and not more than thirty days 56 until the individual tests negative in two consecutive drug tests.A. 4401 3 1 b. If an individual does not test negative in two consecutive drug 2 tests as described in paragraph a of this subdivision not later than 3 four months after the date the office of the local social services 4 office begins testing the individual regularly under paragraph a of this 5 subdivision, the individual, or any child on whose behalf the individual 6 receives TANF assistance, is ineligible to receive TANF assistance for 7 three months from the date the local social services office determines 8 that the individual is unable to test negative on two consecutive drug 9 tests as described in paragraph a of this subdivision. 10 c. If an individual tests positive under this section and fails to 11 provide, not later than thirty days after the date the individual tests 12 positive, evidence that the individual is participating in a drug abuse 13 treatment program, the individual or any child on whose behalf the indi- 14 vidual receives TANF assistance is ineligible to receive TANF assistance 15 for three months after the thirty day period expires. 16 d. An individual who is ineligible under paragraph b or c of this 17 subdivision may reapply for TANF assistance after the applicable three 18 month ineligibility period. Upon reapplying, the individual must test 19 negative on a drug test before the individual may receive TANF assist- 20 ance. 21 e. If an individual described in paragraph d of this subdivision tests 22 positive on the drug test administered for the TANF reapplication proc- 23 ess, the following apply: 24 (1) The individual is permanently ineligible to receive TANF assist- 25 ance for the individual. 26 (2) A child on whose behalf the individual receives TANF assistance is 27 ineligible for TANF assistance for as long as the child resides with the 28 individual. 29 6. a. An individual who reapplies for TANF assistance under paragraph 30 d of subdivision five of this section and is eligible to receive TANF 31 assistance is subject to random drug testing as described in paragraph b 32 of subdivision four of this section for as long as the individual 33 receives TANF assistance. 34 b. The local social services office shall administer random drug tests 35 to twenty-five percent of the pool of individuals described in paragraph 36 a of this subdivision each month. 37 7. a. If an individual who is ineligible to receive TANF assistance 38 under the provisions of this section and who was not a parent or guardi- 39 an of a child at the time he or she became ineligible to receive TANF 40 assistance subsequently becomes a parent or guardian of a child and 41 tests negative on a drug test administered by the local social services 42 office, the child is eligible for TANF assistance under this section if 43 the child meets all the other eligibility requirements to receive TANF 44 assistance. 45 b. An individual described in paragraph a of this subdivision is 46 subject to random drug testing as described in paragraph b of subdivi- 47 sion six of this section for as long as the individual receives TANF 48 assistance. 49 c. If an individual described under paragraph a of this subdivision 50 tests positive on a drug test administered by the local social services 51 office, the child on whose behalf the individual receives TANF assist- 52 ance is ineligible to receive TANF assistance for as long as the child 53 resides with the individual. 54 8. If an individual refuses to take a substance abuse subtle screening 55 inventory test or drug test under this section, the following apply: 56 a. The individual is ineligible to receive TANF assistance.A. 4401 4 1 b. A child on whose behalf the individual receives TANF assistance is 2 ineligible for TANF assistance for as long as the child resides with the 3 individual. 4 9. a. Except as provided in paragraph b of this subdivision, the local 5 social services office shall pay the costs of a drug test administered 6 under this section. 7 b. If an individual tests positive on a drug test administered under 8 this section, the local social services office shall withhold the amount 9 of the cost of the drug test from the next payment of TANF assistance 10 the individual receives if the individual receives TANF assistance. 11 10. Any determination of ineligibility for TANF assistance under the 12 provisions of this section is subject to appeal and judicial review as 13 provided in section twenty-two of this chapter. 14 11. A drug test administered under the program must be performed by a 15 SAMHSA (as defined in IC 22-10-15-3) certified laboratory. 16 12. The local social services office shall notify the office of chil- 17 dren and family services regarding a child who is ineligible for TANF 18 assistance under this section. The office of children and family 19 services shall, not later than nine months after the date it receives 20 the notice, conduct a home visit at the child's residence to determine 21 whether to pursue the report as a report of suspected child abuse or 22 neglect. 23 13. The local social services office's records concerning the results 24 of a drug test under this section may not be admitted against a defend- 25 ant in a criminal proceeding. 26 14. As used in this section: a. "Controlled substance" means any 27 substance listed in schedule I, II, III, IV or V of section thirty-three 28 hundred six of the public health law other than marihuana, but including 29 concentrated cannabis as defined in paragraph (a) of subdivision four of 30 section thirty-three hundred two of such law. 31 b. "TANF assistance" means assistance under the federal Temporary 32 Assistance for Needy Families program under 42 U.S.C. 601 et seq. 33 c. "Tests negative" or "testing negative" means that an individual: 34 (1) tests negative for the use of a controlled substance in the indi- 35 vidual's body; and 36 (2) tests positive for the use of a controlled substance in the indi- 37 vidual's body but has a valid prescription or an order of a practitioner 38 acting in the course of the practitioner's professional practice for the 39 controlled substance. 40 d. "Tests positive" or "testing positive" means an individual: 41 (1) tests positive for the presence of a controlled substance in the 42 individual's body; and 43 (2) does not possess a valid prescription or an order of a practition- 44 er acting in the course of the practitioner's professional practice for 45 the controlled substance. 46 § 2. This act shall take effect on the first of January next succeed- 47 ing the date on which it shall have become a law.
