S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3676

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. DiPIETRO, BORELLI, GRAF, CROUCH, HAWLEY, BARCLAY,
  OTIS, LALOR, FINCH, CORWIN, NOJAY, CERETTO -- Multi-Sponsored by -- M.
  of  A.  DUPREY,  GIGLIO,  McDONOUGH,  STEC,  TENNEY  --  read once and
  referred to the Committee 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:

  Section  1. The social services law is amended by adding a new section
132-b to read as follows:
  S 132-B. DRUG TESTING. 1. EVERY PERSON WHO A. IS ELIGIBLE  TO  RECEIVE
TANF  ASSISTANCE  OR  WHO RECEIVES TANF ASSISTANCE ON BEHALF OF A CHILD;
AND B. IS AT LEAST EIGHTEEN YEARS  OF  AGE  SHALL,  AS  A  CONDITION  OF
RECEIVING  TANF ASSISTANCE, SUBMIT TO DRUG TESTING, RANDOM DRUG TESTING,
REASONABLE SUSPICION DRUG TESTING AND RESUMPTION OF BENEFITS DRUG  TEST-
ING,  IN  ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND OTHERWISE
COMPLY WITH THE PROVISIONS OF THIS SECTION.
  2. EACH LOCAL SOCIAL SERVICES OFFICE SHALL, AT THE TIME  AN  APPLICANT
APPLIES FOR TANF ASSISTANCE:
  A.  REQUIRE  THE  APPLICANT  TO  TAKE A WRITTEN SUBSTANCE ABUSE SUBTLE
SCREENING INVENTORY TEST ADMINISTERED BY A COUNTY OFFICE; AND
  B. NOTIFY THE APPLICANT THAT:
  (1) THE APPLICANT IS REQUIRED TO TAKE A WRITTEN SUBSTANCE ABUSE SUBTLE
SCREENING INVENTORY TEST;
  (2) THE APPLICANT MAY BE SUBJECT TO RANDOM DRUG TESTING BASED  ON  THE
RESULTS OF THE TEST DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
  (3)  THE APPLICANT MAY BE SUBJECT TO DRUG TESTING IF THE COUNTY OFFICE
BELIEVES, BASED ON REASONABLE SUSPICION  AS  SET  FORTH  IN  SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07861-01-5

              

A. 3676                             2

THREE OF THIS SECTION, THAT THE INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE
OF A CONTROLLED SUBSTANCE;
  (4)  IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED UNDER
THIS SECTION, THE INDIVIDUAL OR THE CHILD ON WHOSE BEHALF THE INDIVIDUAL
RECEIVES TANF ASSISTANCE MAY BE INELIGIBLE FOR TANF ASSISTANCE;
  (5) IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED  UNDER
THIS  SECTION,  THE AMOUNT OF THE COST OF THE DRUG TEST WILL BE WITHHELD
FROM ANY FUTURE TANF ASSISTANCE THE INDIVIDUAL RECEIVES IF THE  INDIVID-
UAL CONTINUES TO RECEIVE TANF ASSISTANCE; AND
  (6)  IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED UNDER
THIS SECTION, THE AMOUNT OF THE COST OF ANY SUBSEQUENT  DRUG  TESTS  THE
INDIVIDUAL IS REQUIRED TO UNDERGO WILL BE WITHHELD FROM THE TANF ASSIST-
ANCE  THE  INDIVIDUAL  RECEIVES,  IF THE INDIVIDUAL CONTINUES TO RECEIVE
TANF ASSISTANCE, REGARDLESS OF WHETHER THE INDIVIDUAL TESTS POSITIVE  OR
TESTS NEGATIVE ON THE DRUG TEST.
  3.  A. A LOCAL SOCIAL SERVICES OFFICE IS CONSIDERED TO HAVE REASONABLE
SUSPICION TO BELIEVE THAT AN INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE OF
A CONTROLLED SUBSTANCE IF ONE OR MORE OF THE FOLLOWING APPLY:
  (1) THE INDIVIDUAL HAS BEEN CHARGED WITH AN OFFENSE UNDER ARTICLE  TWO
HUNDRED   TWENTY   (CONTROLLED   SUBSTANCES  OFFENSES)  OR  TWO  HUNDRED
TWENTY-ONE (OFFENSES INVOLVING MARIHUANA) OF THE PENAL CODE;
  (2) THE RESULTS OF THE SUBSTANCE ABUSE SUBTLE SCREENING INVENTORY TEST
INDICATE THAT THE INDIVIDUAL  IS  A  RISK  FOR  THE  ILLEGAL  USE  OF  A
CONTROLLED SUBSTANCE; OR
  (3)  THE  INDIVIDUAL  HAS  PREVIOUSLY  FAILED A DRUG TEST ADMINISTERED
UNDER THIS SECTION.
  B. IF A LOCAL SOCIAL SERVICES OFFICE HAS KNOWLEDGE THAT AN  INDIVIDUAL
HAS  BEEN FORMALLY CHARGED WITH AN OFFENSE DESCRIBED IN SUBPARAGRAPH ONE
OF PARAGRAPH A OF THIS SUBDIVISION, THE  LOCAL  SOCIAL  SERVICES  OFFICE
SHALL ADMINISTER A DRUG TEST TO THE INDIVIDUAL.
  C.  IF  A  LOCAL  SOCIAL  SERVICES  OFFICE HAS REASONABLE SUSPICION TO
BELIEVE FROM THE RESULTS OF A SUBSTANCE ABUSE SUBTLE SCREENING INVENTORY
TEST THAT AN INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE  OF  A  CONTROLLED
SUBSTANCE,  THE  INDIVIDUAL SHALL BE PLACED IN A POOL OF INDIVIDUALS WHO
ARE SUBJECT TO DRUG TESTING DESCRIBED IN PARAGRAPH A OF SUBDIVISION FOUR
OF THIS SECTION.
  D. IF A LOCAL SOCIAL  SERVICES  OFFICE  HAS  REASONABLE  SUSPICION  TO
BELIEVE THAT AN INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE OF A CONTROLLED
SUBSTANCE  AS  THE RESULT OF FAILING A DRUG TEST ADMINISTERED UNDER THIS
SECTION, THE INDIVIDUAL SHALL BE PLACED IN A POOL OF INDIVIDUALS WHO ARE
SUBJECT TO RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B  OF  SUBDIVI-
SION FOUR OF THIS SECTION.
  4. A. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER A DRUG TEST TO
AT LEAST FIFTY PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
C  OF SUBDIVISION THREE OF THIS SECTION. AN INDIVIDUAL MAY NOT BE TESTED
MORE THAN ONCE UNDER THIS SECTION.
  B. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER RANDOM DRUG TESTS
TO TWENTY-FIVE PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
D OF SUBDIVISION THREE OF THIS SECTION EACH MONTH.
  C. THE LOCAL SOCIAL SERVICES OFFICE SHALL PROVIDE A LIST OF DRUG ABUSE
TREATMENT PROGRAMS TO ANY  INDIVIDUAL  WHO  TESTS  POSITIVE  UNDER  THIS
SECTION.
  5. A. AN INDIVIDUAL WHO TESTS POSITIVE UNDER THIS SECTION AND PROVIDES
EVIDENCE  THAT THE INDIVIDUAL IS PARTICIPATING IN A DRUG ABUSE TREATMENT
PROGRAM SHALL CONTINUE TO RECEIVE TANF ASSISTANCE. HOWEVER,  THE  OFFICE
OF THE SECRETARY SHALL ADMINISTER A DRUG TEST TO THE INDIVIDUAL REGULAR-

A. 3676                             3

LY  AT  INTERVALS  OF AT LEAST TWENTY DAYS AND NOT MORE THAN THIRTY DAYS
UNTIL THE INDIVIDUAL TESTS NEGATIVE IN TWO CONSECUTIVE DRUG TESTS.
  B.  IF  AN  INDIVIDUAL  DOES NOT TEST NEGATIVE IN TWO CONSECUTIVE DRUG
TESTS AS DESCRIBED IN PARAGRAPH A OF THIS  SUBDIVISION  NOT  LATER  THAN
FOUR  MONTHS  AFTER  THE  DATE  THE  OFFICE OF THE LOCAL SOCIAL SERVICES
OFFICE BEGINS TESTING THE INDIVIDUAL REGULARLY UNDER PARAGRAPH A OF THIS
SUBDIVISION, THE INDIVIDUAL, OR ANY CHILD ON WHOSE BEHALF THE INDIVIDUAL
RECEIVES TANF ASSISTANCE, IS INELIGIBLE TO RECEIVE TANF  ASSISTANCE  FOR
THREE  MONTHS  FROM THE DATE THE LOCAL SOCIAL SERVICES OFFICE DETERMINES
THAT THE INDIVIDUAL IS UNABLE TO TEST NEGATIVE ON TWO  CONSECUTIVE  DRUG
TESTS AS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION.
  C.  IF  AN  INDIVIDUAL  TESTS POSITIVE UNDER THIS SECTION AND FAILS TO
PROVIDE, NOT LATER THAN THIRTY DAYS AFTER THE DATE THE INDIVIDUAL  TESTS
POSITIVE,  EVIDENCE THAT THE INDIVIDUAL IS PARTICIPATING IN A DRUG ABUSE
TREATMENT PROGRAM, THE INDIVIDUAL OR ANY CHILD ON WHOSE BEHALF THE INDI-
VIDUAL RECEIVES TANF ASSISTANCE IS INELIGIBLE TO RECEIVE TANF ASSISTANCE
FOR THREE MONTHS AFTER THE THIRTY DAY PERIOD EXPIRES.
  D. AN INDIVIDUAL WHO IS INELIGIBLE UNDER PARAGRAPH  B  OR  C  OF  THIS
SUBDIVISION  MAY  REAPPLY FOR TANF ASSISTANCE AFTER THE APPLICABLE THREE
MONTH INELIGIBILITY PERIOD. UPON REAPPLYING, THE  INDIVIDUAL  MUST  TEST
NEGATIVE  ON  A DRUG TEST BEFORE THE INDIVIDUAL MAY RECEIVE TANF ASSIST-
ANCE.
  E. IF AN INDIVIDUAL DESCRIBED IN PARAGRAPH D OF THIS SUBDIVISION TESTS
POSITIVE ON THE DRUG TEST ADMINISTERED FOR THE TANF REAPPLICATION  PROC-
ESS, THE FOLLOWING APPLY:
  (1)  THE  INDIVIDUAL IS PERMANENTLY INELIGIBLE TO RECEIVE TANF ASSIST-
ANCE FOR THE INDIVIDUAL.
  (2) A CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES TANF ASSISTANCE IS
INELIGIBLE FOR TANF ASSISTANCE FOR AS LONG AS THE CHILD RESIDES WITH THE
INDIVIDUAL.
  6. A. AN INDIVIDUAL WHO REAPPLIES FOR TANF ASSISTANCE UNDER  PARAGRAPH
D  OF  SUBDIVISION  FIVE OF THIS SECTION AND IS ELIGIBLE TO RECEIVE TANF
ASSISTANCE IS SUBJECT TO RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B
OF SUBDIVISION FOUR OF THIS  SECTION  FOR  AS  LONG  AS  THE  INDIVIDUAL
RECEIVES TANF ASSISTANCE.
  B. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER RANDOM DRUG TESTS
TO TWENTY-FIVE PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
A OF THIS SUBDIVISION EACH MONTH.
  7.  A.  IF  AN INDIVIDUAL WHO IS INELIGIBLE TO RECEIVE TANF ASSISTANCE
UNDER THE PROVISIONS OF THIS SECTION AND WHO WAS NOT A PARENT OR GUARDI-
AN OF A CHILD AT THE TIME HE OR SHE BECAME INELIGIBLE  TO  RECEIVE  TANF
ASSISTANCE  SUBSEQUENTLY  BECOMES  A  PARENT  OR GUARDIAN OF A CHILD AND
TESTS NEGATIVE ON A DRUG TEST ADMINISTERED BY THE LOCAL SOCIAL  SERVICES
OFFICE,  THE CHILD IS ELIGIBLE FOR TANF ASSISTANCE UNDER THIS SECTION IF
THE CHILD MEETS ALL THE OTHER ELIGIBILITY REQUIREMENTS TO  RECEIVE  TANF
ASSISTANCE.
  B.  AN  INDIVIDUAL  DESCRIBED  IN  PARAGRAPH  A OF THIS SUBDIVISION IS
SUBJECT TO RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B  OF  SUBDIVI-
SION  SIX  OF  THIS  SECTION FOR AS LONG AS THE INDIVIDUAL RECEIVES TANF
ASSISTANCE.
  C. IF AN INDIVIDUAL DESCRIBED UNDER PARAGRAPH A  OF  THIS  SUBDIVISION
TESTS  POSITIVE ON A DRUG TEST ADMINISTERED BY THE LOCAL SOCIAL SERVICES
OFFICE, THE CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES  TANF  ASSIST-
ANCE  IS  INELIGIBLE TO RECEIVE TANF ASSISTANCE FOR AS LONG AS THE CHILD
RESIDES WITH THE INDIVIDUAL.

A. 3676                             4

  8. IF AN INDIVIDUAL REFUSES TO TAKE A SUBSTANCE ABUSE SUBTLE SCREENING
INVENTORY TEST OR DRUG TEST UNDER THIS SECTION, THE FOLLOWING APPLY:
  A. THE INDIVIDUAL IS INELIGIBLE TO RECEIVE TANF ASSISTANCE.
  B.  A CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES TANF ASSISTANCE IS
INELIGIBLE FOR TANF ASSISTANCE FOR AS LONG AS THE CHILD RESIDES WITH THE
INDIVIDUAL.
  9. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE LOCAL
SOCIAL SERVICES OFFICE SHALL PAY THE COSTS OF A DRUG  TEST  ADMINISTERED
UNDER THIS SECTION.
  B.  IF  AN INDIVIDUAL TESTS POSITIVE ON A DRUG TEST ADMINISTERED UNDER
THIS SECTION, THE LOCAL SOCIAL SERVICES OFFICE SHALL WITHHOLD THE AMOUNT
OF THE COST OF THE DRUG TEST FROM THE NEXT PAYMENT  OF  TANF  ASSISTANCE
THE INDIVIDUAL RECEIVES IF THE INDIVIDUAL RECEIVES TANF ASSISTANCE.
  10.  ANY  DETERMINATION OF INELIGIBILITY FOR TANF ASSISTANCE UNDER THE
PROVISIONS OF THIS SECTION IS SUBJECT TO APPEAL AND JUDICIAL  REVIEW  AS
PROVIDED IN SECTION TWENTY-TWO OF THIS CHAPTER.
  11.  A DRUG TEST ADMINISTERED UNDER THE PROGRAM MUST BE PERFORMED BY A
SAMHSA (AS DEFINED IN IC 22-10-15-3) CERTIFIED LABORATORY.
  12. THE LOCAL SOCIAL SERVICES OFFICE SHALL NOTIFY THE OFFICE OF  CHIL-
DREN  AND  FAMILY  SERVICES REGARDING A CHILD WHO IS INELIGIBLE FOR TANF
ASSISTANCE UNDER  THIS  SECTION.  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL,  NOT  LATER THAN NINE MONTHS AFTER THE DATE IT RECEIVES
THE NOTICE, CONDUCT A HOME VISIT AT THE CHILD'S RESIDENCE  TO  DETERMINE
WHETHER  TO  PURSUE  THE  REPORT AS A REPORT OF SUSPECTED CHILD ABUSE OR
NEGLECT.
  13. THE LOCAL SOCIAL SERVICES OFFICE'S RECORDS CONCERNING THE  RESULTS
OF  A DRUG TEST UNDER THIS SECTION MAY NOT BE ADMITTED AGAINST A DEFEND-
ANT IN A CRIMINAL PROCEEDING.
  14. AS USED IN THIS  SECTION:  A.  "CONTROLLED  SUBSTANCE"  MEANS  ANY
SUBSTANCE LISTED IN SCHEDULE I, II, III, IV OR V OF SECTION THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING
CONCENTRATED CANNABIS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION THIRTY-THREE HUNDRED TWO OF SUCH LAW.
  B.  "TANF  ASSISTANCE"  MEANS  ASSISTANCE  UNDER THE FEDERAL TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM UNDER 42 U.S.C. 601 ET SEQ.
  C. "TESTS NEGATIVE" OR "TESTING NEGATIVE" MEANS THAT AN INDIVIDUAL:
  (1) TESTS NEGATIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN THE  INDI-
VIDUAL'S BODY; AND
  (2)  TESTS POSITIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN THE INDI-
VIDUAL'S BODY BUT HAS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITIONER
ACTING IN THE COURSE OF THE PRACTITIONER'S PROFESSIONAL PRACTICE FOR THE
CONTROLLED SUBSTANCE.
  D. "TESTS POSITIVE" OR "TESTING POSITIVE" MEANS AN INDIVIDUAL:
  (1) TESTS POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE  IN  THE
INDIVIDUAL'S BODY; AND
  (2) DOES NOT POSSESS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITION-
ER  ACTING IN THE COURSE OF THE PRACTITIONER'S PROFESSIONAL PRACTICE FOR
THE CONTROLLED SUBSTANCE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.