NY State Senate Bill 2019-S895

Senate Bill S895

2019-2020 Legislative Session

Relates to prohibiting illegal drug use and authorizing random drug testing of individuals receiving public assistance

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to social services

co-Sponsors

2019-S895 (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Amd §132, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7079
2013-2014: S2680
2015-2016: S3063
2017-2018: S533

2019-S895 (ACTIVE) - Summary

Relates to prohibiting illegal drug use; authorizes random drug testing of individuals receiving public assistance.

2019-S895 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S895

SPONSOR: YOUNG
 
TITLE OF BILL:  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

 
PURPOSE:

To prohibit illegal drug use and authorize random drug testing of indi-
viduals receiving public assistance.

 
SUMMARY OF PROVISIONS:

Section 1. Amends paragraph b of subdivision 4 of section 132 of the
social services law to allow random drug testing or drug testing when
there is reason to believe an applicant or recipient of public assist-
ance is illegally using any drugs or is dependent on alcohol or drugs.
Exempts from testing certain individuals who are exempt from work activ-
ities pursuant to Section 332 of this chapter.

Section 2. Provides for the effective date.

 
JUSTIFICATION:

This bill was created in response to the growing suspicion that some
individuals who receive public assistance are also using illegal drugs.
Therefore, this bill would permit local social services districts who
may have some concerns of illegal drug use to drug test applicants or
recipients of public assistance.

 
LEGISLATIVE HISTORY:

2017,2018: S.533 Referred to Social Services
2016: S.3063A/A.5105A Referred to Social Services
2015: S.3063/A.5105 Referred to Social Services
2014: S.2680/A.5026 Referred to Social Services
2013: S.2680/A.5026 Referred to Social Services
2012: S.7079/A.10082 Referred to Social Services

 
FISCAL IMPLICATIONS:

Minimal to the state.

 
EFFECTIVE DATE:
This act shall take effect 60 days after becoming a law provided, howev-
er, 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.

2019-S895 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    895
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 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.
                                                            LBD03631-01-9

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Senate Bill S895

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Sponsored By

Catharine Young