S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7097
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Paragraph (b) of subdivision 4 of section 132 of the social
 services  law,  as  added  by section 23 of part B of chapter 436 of the
 laws of 1997, is amended and a new paragraph (b-1) is added to  read  as
 follows:
   (b)  When  the  screening  process  indicates  that there is reason to
 believe that an applicant or recipient is abusing or dependent on  alco-
 hol  or  drugs,  OR  IN  THE EVENT A RANDOM DRUG TEST PERFORMED BY OR ON
 BEHALF OF THE SOCIAL SERVICES DISTRICT INDICATES  THE  PRESENCE  OF  ANY
 ILLEGAL DRUGS, the social services district shall require a formal alco-
 hol or substance abuse assessment, which may include drug testing, to be
 performed by an alcohol and/or substance abuse professional credentialed
 by the office of alcoholism and substance abuse services. The assessment
 may  be  performed directly by the district or pursuant to contract with
 the district. APPLICANTS OR RECIPIENTS WHO ARE EXEMPT FROM PARTICIPATING
 IN WORK ACTIVITIES PURSUANT TO SECTION THREE HUNDRED THIRTY-TWO OF  THIS
 CHAPTER SHALL BE EXEMPT FROM RANDOM DRUG TESTING.
   (B-1) (I) EACH SOCIAL SERVICES DISTRICT SHALL DETERMINE THE NATURE AND
 EXTENT  OF  ANY  RANDOM  DRUG  TEST BASED ON THE EXTENT OF THE SUBSTANCE
 ABUSE PROBLEM IN THE DISTRICT, THE MOST COMMONLY ABUSED SUBSTANCES,  THE
 COST OF DRUG TESTING, AND THE APPLICANT OR RECIPIENT'S HISTORY OF FAILED
 DRUG  TESTS, CRIMINAL HISTORY RELATED TO CONTROLLED SUBSTANCES OFFENSES,
 IF ANY, AND WHETHER THERE ARE CHILDREN UNDER THE AGE OF EIGHTEEN  LIVING
 WITH THE APPLICANT OR RECIPIENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05927-03-7
              

 A. 7097                             2
 
   (II)  THE  DISTRICT SHALL ADVISE EACH APPLICANT OR RECIPIENT THAT THEY
 MAY REFUSE TO TAKE A RANDOM DRUG TEST AND THAT SUCH  REFUSAL  SHALL  NOT
 IMPACT  THEIR ELIGIBILITY FOR PUBLIC ASSISTANCE. AN APPLICANT OR RECIPI-
 ENT WHO REFUSES TO SUBMIT TO A RANDOM DRUG TEST  SHALL  BE  REQUIRED  TO
 PARTICIPATE  IN  A FORMAL ALCOHOL OR SUBSTANCE ABUSE ASSESSMENT PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law provided, however, that the commissioner of temporary
 and disability assistance shall have the power to promulgate  any  rules
 or regulations necessary for the implementation of this act.