S T A T E O F N E W Y O R K
________________________________________________________________________
533
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. YOUNG, O'MARA, ORTT -- read twice and ordered print-
ed, and when printed to be committed to the Committee 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 to read as follows:
(b) When the screening process indicates that there is reason to
believe that an applicant or recipient is ILLEGALLY USING ANY DRUGS OR
IS abusing or dependent on alcohol 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 alcohol 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.
§ 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05927-01-7