S T A T E O F N E W Y O R K
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5170
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
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Introduced by M. of A. DiPIETRO, HAWLEY, BARCLAY, NORRIS -- 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:
§ 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
THREE OF THIS SECTION, THAT THE INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE
OF A CONTROLLED SUBSTANCE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07598-01-9
A. 5170 2
(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-
LY AT INTERVALS OF AT LEAST TWENTY DAYS AND NOT MORE THAN THIRTY DAYS
UNTIL THE INDIVIDUAL TESTS NEGATIVE IN TWO CONSECUTIVE DRUG TESTS.
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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.
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.
A. 5170 4
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.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.