assembly Bill A2101

2021-2022 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

Current 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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to governmental operations
Jan 14, 2021 referred to governmental operations

Co-Sponsors

A2101 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A9627

A2101 (ACTIVE) - Summary

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

A2101 (ACTIVE) - Bill Text download pdf

 
                     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