assembly Bill A9627

2019-2020 Legislative Session

Relates to employee or prospective employee testing for the presence of tetrahydrocannabinols or marihuana as a condition of employment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2020 referred to governmental operations

Co-Sponsors

A9627 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A2101

A9627 (ACTIVE) - Summary

Relates to employee or prospective employee testing for the presence of tetrahydrocannabinols or marihuana as a condition of employment.

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