Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 28, 2020 | referred to governmental operations |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Catalina Cruz
Michael Blake
Charles Barron
Dan Quart
A9627 (ACTIVE) - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §296, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
A2101
A9627 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9627 I N A S S E M B L Y January 28, 2020 ___________ Introduced by M. of A. FERNANDEZ -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to employee or prospec- tive employee testing for the presence of tetrahydrocannabinols or marihuana as a condition of employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 296 of the executive law is amended by adding a new subdivision 23 to read as follows: 23. (A) EXCEPT AS OTHERWISE PROVIDED BY LAW, IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, OR AGENT THEREOF TO REQUIRE AN EMPLOYEE OR A PROSPECTIVE EMPLOY- EE TO SUBMIT TO TESTING FOR THE PRESENCE OF ANY TETRAHYDROCANNABINOLS OR MARIHUANA IN SUCH EMPLOYEE'S OR PROSPECTIVE EMPLOYEE'S SYSTEM AS A CONDITION OF EMPLOYMENT. (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WORKING OR APPLYING TO WORK: (I) AS POLICE OFFICERS OR PEACE OFFICERS, AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, RESPECTIVELY, OR IN A POSITION WITH A LAW ENFORCEMENT OR INVESTIGATIVE FUNCTION AT THE DEPARTMENT OF INVESTI- GATION; (II) IN ANY POSITION REQUIRING COMPLIANCE WITH SECTION TWO HUNDRED TWENTY-H OF THE LABOR LAW; (III) IN ANY POSITION REQUIRING A COMMERCIAL DRIVER'S LICENSE; (IV) IN ANY POSITION REQUIRING THE SUPERVISION OR CARE OF CHILDREN, MEDICAL PATIENTS OR VULNERABLE PERSONS AS DEFINED IN PARAGRAPH FIFTEEN OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW; OR (V) IN ANY POSITION WITH THE POTENTIAL TO SIGNIFICANTLY IMPACT THE HEALTH OR SAFETY OF EMPLOYEES OR MEMBERS OF THE PUBLIC. (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO DRUG TESTING REQUIRED PURSUANT TO: (I) ANY REGULATION PROMULGATED BY THE FEDERAL DEPARTMENT OF TRANSPOR- TATION THAT REQUIRES TESTING OF AN EMPLOYEE OR A PROSPECTIVE EMPLOYEE IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets