Bill Text: NY A07097 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prohibiting illegal drug use; authorizes random drug testing of individuals receiving public assistance.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-06-05 - held for consideration in social services [A07097 Detail]
Download: New_York-2017-A07097-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7097 2017-2018 Regular Sessions IN ASSEMBLY April 4, 2017 ___________ Introduced by M. of A. GOODELL -- read once and referred to the Commit- tee on Social Services AN ACT to amend the social services law, in relation to prohibiting illegal drug use and to authorize random drug testing of individuals receiving public assistance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 4 of section 132 of the social 2 services law, as added by section 23 of part B of chapter 436 of the 3 laws of 1997, is amended and a new paragraph (b-1) is added to read as 4 follows: 5 (b) When the screening process indicates that there is reason to 6 believe that an applicant or recipient is abusing or dependent on alco- 7 hol or drugs, or in the event a random drug test performed by or on 8 behalf of the social services district indicates the presence of any 9 illegal drugs, the social services district shall require a formal alco- 10 hol or substance abuse assessment, which may include drug testing, to be 11 performed by an alcohol and/or substance abuse professional credentialed 12 by the office of alcoholism and substance abuse services. The assessment 13 may be performed directly by the district or pursuant to contract with 14 the district. Applicants or recipients who are exempt from participating 15 in work activities pursuant to section three hundred thirty-two of this 16 chapter shall be exempt from random drug testing. 17 (b-1) (i) Each social services district shall determine the nature and 18 extent of any random drug test based on the extent of the substance 19 abuse problem in the district, the most commonly abused substances, the 20 cost of drug testing, and the applicant or recipient's history of failed 21 drug tests, criminal history related to controlled substances offenses, 22 if any, and whether there are children under the age of eighteen living 23 with the applicant or recipient. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05927-03-7A. 7097 2 1 (ii) The district shall advise each applicant or recipient that they 2 may refuse to take a random drug test and that such refusal shall not 3 impact their eligibility for public assistance. An applicant or recipi- 4 ent who refuses to submit to a random drug test shall be required to 5 participate in a formal alcohol or substance abuse assessment pursuant 6 to paragraph (b) of this subdivision. 7 § 2. This act shall take effect on the sixtieth day after it shall 8 have become a law provided, however, that the commissioner of temporary 9 and disability assistance shall have the power to promulgate any rules 10 or regulations necessary for the implementation of this act.
