S T A T E O F N E W Y O R K
________________________________________________________________________
4693
2013-2014 Regular Sessions
I N S E N A T E
April 18, 2013
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Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to people receiving
public assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 131 of the social services law is amended by adding
a new subdivision 9-a to read as follows:
9-A. ALL APPLICANTS OR RECIPIENTS OF ANY FORM OR CATEGORY OF PUBLIC
ASSISTANCE OR BENEFITS SHALL BE REQUIRED TO SUBMIT TO DRUG TESTING. THE
COMMISSIONER OF HEALTH SHALL ESTABLISH RULES AND REGULATIONS REGARDING:
(A) THE METHOD OF TESTING; (B) THE FREQUENCY OF TESTING, WHICH SHALL
INCLUDE THE INITIAL TEST AND CONTINUING RANDOM TESTING TO VERIFY COMPLI-
ANCE WITH THIS SECTION; (C) THE SUBSTANCES FOR WHICH THERE WILL BE TEST-
ING; AND (D) THRESHOLD LEVELS FOR EACH SUCH SUBSTANCE. ANY INDIVIDUAL
EXCEEDING THE ESTABLISHED THRESHOLDS SHALL IMMEDIATELY BECOME INELIGIBLE
FOR FURTHER PUBLIC ASSISTANCE UNTIL SUCH INDIVIDUAL HAS ENROLLED IN A
DRUG REHABILITATION PROGRAM CERTIFIED BY THE COMMISSIONER OF HEALTH AND
CONTINUES ACTIVE PARTICIPATION IN SUCH PROGRAM THROUGH COMPLETION. AN
ACTIVE PARTICIPANT SHALL NOT BE LIABLE FOR THE COSTS OF TREATMENT. A
REFUSAL TO SUBMIT TO ANY DRUG TEST SHALL IMMEDIATELY RENDER THE REFUSING
INDIVIDUAL INELIGIBLE FOR FURTHER PUBLIC ASSISTANCE UNTIL SUCH INDIVID-
UAL CONSENTS TO A DRUG TEST AND COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10275-01-3