The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD14714-02-0

A. 9627                             2

ACCORDANCE WITH 49 CFR 40 OR ANY RULE PROMULGATED BY THE  DEPARTMENT  OF
TRANSPORTATION  OF  THIS  STATE ADOPTING SUCH REGULATION FOR PURPOSES OF
ENFORCING THE REQUIREMENTS OF THAT REGULATION WITH RESPECT TO INTRASTATE
COMMERCE;
  (II)  ANY  CONTRACT ENTERED INTO BETWEEN THE FEDERAL GOVERNMENT AND AN
EMPLOYER OR ANY GRANT OF FINANCIAL ASSISTANCE FROM THE  FEDERAL  GOVERN-
MENT  TO AN EMPLOYER THAT REQUIRES DRUG TESTING OF EMPLOYEES OR PROSPEC-
TIVE EMPLOYEES AS A CONDITION OF RECEIVING THE CONTRACT OR GRANT;
  (III) ANY FEDERAL OR STATE STATUTE, REGULATION, OR ORDER THAT REQUIRES
DRUG TESTING OF EMPLOYEES OR PROSPECTIVE EMPLOYEES FOR PURPOSES OF SAFE-
TY OR SECURITY; OR
  (IV) ANY PERSON WHOSE EMPLOYER OR PROSPECTIVE EMPLOYER IS A PARTY TO A
VALID COLLECTIVE BARGAINING AGREEMENT THAT  SPECIFICALLY  ADDRESSES  THE
DRUG TESTING OF SUCH PERSON.
  (D) THE DIVISION SHALL PROMULGATE RULES FOR THE IMPLEMENTATION OF THIS
SUBDIVISION.
  § 2. This act shall take effect immediately.