The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2101
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. FERNANDEZ, BARRON, CRUZ, QUART -- 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 SUBDIVISION 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05497-01-1

 A. 2101                             2
 
   (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
 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.