S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4401
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Social Services
 
 AN ACT to amend the social services law, in relation to requiring recip-
   ients  of  public assistance benefits submit to pre-qualification drug
   screening and testing, random drug testing, reasonable suspicion  drug
   testing and resumption of benefits drug testing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 132-b to read as follows:
   §  132-B.  DRUG TESTING. 1. EVERY PERSON WHO A. IS ELIGIBLE TO RECEIVE
 TANF ASSISTANCE OR WHO RECEIVES TANF ASSISTANCE ON BEHALF  OF  A  CHILD;
 AND  B.  IS  AT  LEAST  EIGHTEEN  YEARS  OF AGE SHALL, AS A CONDITION OF
 RECEIVING TANF ASSISTANCE, SUBMIT TO DRUG TESTING, RANDOM DRUG  TESTING,
 REASONABLE  SUSPICION DRUG TESTING AND RESUMPTION OF BENEFITS DRUG TEST-
 ING, IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION  AND  OTHERWISE
 COMPLY WITH THE PROVISIONS OF THIS SECTION.
   2.  EACH  LOCAL SOCIAL SERVICES OFFICE SHALL, AT THE TIME AN APPLICANT
 APPLIES FOR TANF ASSISTANCE:
   A. REQUIRE THE APPLICANT TO TAKE  A  WRITTEN  SUBSTANCE  ABUSE  SUBTLE
 SCREENING INVENTORY TEST ADMINISTERED BY A COUNTY OFFICE; AND
   B. NOTIFY THE APPLICANT THAT:
   (1) THE APPLICANT IS REQUIRED TO TAKE A WRITTEN SUBSTANCE ABUSE SUBTLE
 SCREENING INVENTORY TEST;
   (2)  THE  APPLICANT MAY BE SUBJECT TO RANDOM DRUG TESTING BASED ON THE
 RESULTS OF THE TEST DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
   (3) THE APPLICANT MAY BE SUBJECT TO DRUG TESTING IF THE COUNTY  OFFICE
 BELIEVES,  BASED  ON  REASONABLE  SUSPICION  AS SET FORTH IN SUBDIVISION
 THREE OF THIS SECTION, THAT THE INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE
 OF A CONTROLLED SUBSTANCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06116-01-1
              

 A. 4401                             2
 
   (4) IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED  UNDER
 THIS SECTION, THE INDIVIDUAL OR THE CHILD ON WHOSE BEHALF THE INDIVIDUAL
 RECEIVES TANF ASSISTANCE MAY BE INELIGIBLE FOR TANF ASSISTANCE;
   (5)  IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED UNDER
 THIS SECTION, THE AMOUNT OF THE COST OF THE DRUG TEST WILL  BE  WITHHELD
 FROM  ANY FUTURE TANF ASSISTANCE THE INDIVIDUAL RECEIVES IF THE INDIVID-
 UAL CONTINUES TO RECEIVE TANF ASSISTANCE; AND
   (6) IF THE APPLICANT TESTS POSITIVE ON A DRUG TEST ADMINISTERED  UNDER
 THIS  SECTION,  THE  AMOUNT OF THE COST OF ANY SUBSEQUENT DRUG TESTS THE
 INDIVIDUAL IS REQUIRED TO UNDERGO WILL BE WITHHELD FROM THE TANF ASSIST-
 ANCE THE INDIVIDUAL RECEIVES, IF THE  INDIVIDUAL  CONTINUES  TO  RECEIVE
 TANF  ASSISTANCE, REGARDLESS OF WHETHER THE INDIVIDUAL TESTS POSITIVE OR
 TESTS NEGATIVE ON THE DRUG TEST.
   3. A. A LOCAL SOCIAL SERVICES OFFICE IS CONSIDERED TO HAVE  REASONABLE
 SUSPICION TO BELIEVE THAT AN INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE OF
 A CONTROLLED SUBSTANCE IF ONE OR MORE OF THE FOLLOWING APPLY:
   (1)  THE INDIVIDUAL HAS BEEN CHARGED WITH AN OFFENSE UNDER ARTICLE TWO
 HUNDRED TWENTY (CONTROLLED SUBSTANCES OFFENSES) OR TWO  HUNDRED  TWENTY-
 ONE (OFFENSES INVOLVING MARIHUANA) OF THE PENAL LAW;
   (2) THE RESULTS OF THE SUBSTANCE ABUSE SUBTLE SCREENING INVENTORY TEST
 INDICATE  THAT  THE  INDIVIDUAL  IS  A  RISK  FOR  THE  ILLEGAL USE OF A
 CONTROLLED SUBSTANCE; OR
   (3) THE INDIVIDUAL HAS PREVIOUSLY  FAILED  A  DRUG  TEST  ADMINISTERED
 UNDER THIS SECTION.
   B.  IF A LOCAL SOCIAL SERVICES OFFICE HAS KNOWLEDGE THAT AN INDIVIDUAL
 HAS BEEN FORMALLY CHARGED WITH AN OFFENSE DESCRIBED IN SUBPARAGRAPH  ONE
 OF  PARAGRAPH  A  OF  THIS SUBDIVISION, THE LOCAL SOCIAL SERVICES OFFICE
 SHALL ADMINISTER A DRUG TEST TO THE INDIVIDUAL.
   C. IF A LOCAL SOCIAL  SERVICES  OFFICE  HAS  REASONABLE  SUSPICION  TO
 BELIEVE FROM THE RESULTS OF A SUBSTANCE ABUSE SUBTLE SCREENING INVENTORY
 TEST  THAT  AN  INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE OF A CONTROLLED
 SUBSTANCE, THE INDIVIDUAL SHALL BE PLACED IN A POOL OF  INDIVIDUALS  WHO
 ARE SUBJECT TO DRUG TESTING DESCRIBED IN PARAGRAPH A OF SUBDIVISION FOUR
 OF THIS SECTION.
   D.  IF  A  LOCAL  SOCIAL  SERVICES  OFFICE HAS REASONABLE SUSPICION TO
 BELIEVE THAT AN INDIVIDUAL IS ENGAGED IN THE ILLEGAL USE OF A CONTROLLED
 SUBSTANCE AS THE RESULT OF FAILING A DRUG TEST ADMINISTERED  UNDER  THIS
 SECTION, THE INDIVIDUAL SHALL BE PLACED IN A POOL OF INDIVIDUALS WHO ARE
 SUBJECT  TO  RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B OF SUBDIVI-
 SION FOUR OF THIS SECTION.
   4. A. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER A DRUG TEST TO
 AT LEAST FIFTY PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
 C OF SUBDIVISION THREE OF THIS SECTION. AN INDIVIDUAL MAY NOT BE  TESTED
 MORE THAN ONCE UNDER THIS SECTION.
   B. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER RANDOM DRUG TESTS
 TO TWENTY-FIVE PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
 D OF SUBDIVISION THREE OF THIS SECTION EACH MONTH.
   C. THE LOCAL SOCIAL SERVICES OFFICE SHALL PROVIDE A LIST OF DRUG ABUSE
 TREATMENT  PROGRAMS  TO  ANY  INDIVIDUAL  WHO  TESTS POSITIVE UNDER THIS
 SECTION.
   5. A. AN INDIVIDUAL WHO TESTS POSITIVE UNDER THIS SECTION AND PROVIDES
 EVIDENCE THAT THE INDIVIDUAL IS PARTICIPATING IN A DRUG ABUSE  TREATMENT
 PROGRAM  SHALL  CONTINUE TO RECEIVE TANF ASSISTANCE. HOWEVER, THE OFFICE
 OF THE SECRETARY SHALL ADMINISTER A DRUG TEST TO THE INDIVIDUAL REGULAR-
 LY AT INTERVALS OF AT LEAST TWENTY DAYS AND NOT MORE  THAN  THIRTY  DAYS
 UNTIL THE INDIVIDUAL TESTS NEGATIVE IN TWO CONSECUTIVE DRUG TESTS.

 A. 4401                             3
 
   B.  IF  AN  INDIVIDUAL  DOES NOT TEST NEGATIVE IN TWO CONSECUTIVE DRUG
 TESTS AS DESCRIBED IN PARAGRAPH A OF THIS  SUBDIVISION  NOT  LATER  THAN
 FOUR  MONTHS  AFTER  THE  DATE  THE  OFFICE OF THE LOCAL SOCIAL SERVICES
 OFFICE BEGINS TESTING THE INDIVIDUAL REGULARLY UNDER PARAGRAPH A OF THIS
 SUBDIVISION, THE INDIVIDUAL, OR ANY CHILD ON WHOSE BEHALF THE INDIVIDUAL
 RECEIVES  TANF  ASSISTANCE, IS INELIGIBLE TO RECEIVE TANF ASSISTANCE FOR
 THREE MONTHS FROM THE DATE THE LOCAL SOCIAL SERVICES  OFFICE  DETERMINES
 THAT  THE  INDIVIDUAL IS UNABLE TO TEST NEGATIVE ON TWO CONSECUTIVE DRUG
 TESTS AS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION.
   C. IF AN INDIVIDUAL TESTS POSITIVE UNDER THIS  SECTION  AND  FAILS  TO
 PROVIDE,  NOT LATER THAN THIRTY DAYS AFTER THE DATE THE INDIVIDUAL TESTS
 POSITIVE, EVIDENCE THAT THE INDIVIDUAL IS PARTICIPATING IN A DRUG  ABUSE
 TREATMENT PROGRAM, THE INDIVIDUAL OR ANY CHILD ON WHOSE BEHALF THE INDI-
 VIDUAL RECEIVES TANF ASSISTANCE IS INELIGIBLE TO RECEIVE TANF ASSISTANCE
 FOR THREE MONTHS AFTER THE THIRTY DAY PERIOD EXPIRES.
   D.  AN  INDIVIDUAL  WHO  IS  INELIGIBLE UNDER PARAGRAPH B OR C OF THIS
 SUBDIVISION MAY REAPPLY FOR TANF ASSISTANCE AFTER THE  APPLICABLE  THREE
 MONTH  INELIGIBILITY  PERIOD.  UPON REAPPLYING, THE INDIVIDUAL MUST TEST
 NEGATIVE ON A DRUG TEST BEFORE THE INDIVIDUAL MAY RECEIVE  TANF  ASSIST-
 ANCE.
   E. IF AN INDIVIDUAL DESCRIBED IN PARAGRAPH D OF THIS SUBDIVISION TESTS
 POSITIVE  ON THE DRUG TEST ADMINISTERED FOR THE TANF REAPPLICATION PROC-
 ESS, THE FOLLOWING APPLY:
   (1) THE INDIVIDUAL IS PERMANENTLY INELIGIBLE TO RECEIVE  TANF  ASSIST-
 ANCE FOR THE INDIVIDUAL.
   (2) A CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES TANF ASSISTANCE IS
 INELIGIBLE FOR TANF ASSISTANCE FOR AS LONG AS THE CHILD RESIDES WITH THE
 INDIVIDUAL.
   6.  A. AN INDIVIDUAL WHO REAPPLIES FOR TANF ASSISTANCE UNDER PARAGRAPH
 D OF SUBDIVISION FIVE OF THIS SECTION AND IS ELIGIBLE  TO  RECEIVE  TANF
 ASSISTANCE IS SUBJECT TO RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B
 OF  SUBDIVISION  FOUR  OF  THIS  SECTION  FOR  AS LONG AS THE INDIVIDUAL
 RECEIVES TANF ASSISTANCE.
   B. THE LOCAL SOCIAL SERVICES OFFICE SHALL ADMINISTER RANDOM DRUG TESTS
 TO TWENTY-FIVE PERCENT OF THE POOL OF INDIVIDUALS DESCRIBED IN PARAGRAPH
 A OF THIS SUBDIVISION EACH MONTH.
   7. A. IF AN INDIVIDUAL WHO IS INELIGIBLE TO  RECEIVE  TANF  ASSISTANCE
 UNDER THE PROVISIONS OF THIS SECTION AND WHO WAS NOT A PARENT OR GUARDI-
 AN  OF  A  CHILD AT THE TIME HE OR SHE BECAME INELIGIBLE TO RECEIVE TANF
 ASSISTANCE SUBSEQUENTLY BECOMES A PARENT OR  GUARDIAN  OF  A  CHILD  AND
 TESTS  NEGATIVE ON A DRUG TEST ADMINISTERED BY THE LOCAL SOCIAL SERVICES
 OFFICE, THE CHILD IS ELIGIBLE FOR TANF ASSISTANCE UNDER THIS SECTION  IF
 THE  CHILD  MEETS ALL THE OTHER ELIGIBILITY REQUIREMENTS TO RECEIVE TANF
 ASSISTANCE.
   B. AN INDIVIDUAL DESCRIBED IN  PARAGRAPH  A  OF  THIS  SUBDIVISION  IS
 SUBJECT  TO  RANDOM DRUG TESTING AS DESCRIBED IN PARAGRAPH B OF SUBDIVI-
 SION SIX OF THIS SECTION FOR AS LONG AS  THE  INDIVIDUAL  RECEIVES  TANF
 ASSISTANCE.
   C.  IF  AN  INDIVIDUAL DESCRIBED UNDER PARAGRAPH A OF THIS SUBDIVISION
 TESTS POSITIVE ON A DRUG TEST ADMINISTERED BY THE LOCAL SOCIAL  SERVICES
 OFFICE,  THE  CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES TANF ASSIST-
 ANCE IS INELIGIBLE TO RECEIVE TANF ASSISTANCE FOR AS LONG AS  THE  CHILD
 RESIDES WITH THE INDIVIDUAL.
   8. IF AN INDIVIDUAL REFUSES TO TAKE A SUBSTANCE ABUSE SUBTLE SCREENING
 INVENTORY TEST OR DRUG TEST UNDER THIS SECTION, THE FOLLOWING APPLY:
   A. THE INDIVIDUAL IS INELIGIBLE TO RECEIVE TANF ASSISTANCE.

 A. 4401                             4
 
   B.  A CHILD ON WHOSE BEHALF THE INDIVIDUAL RECEIVES TANF ASSISTANCE IS
 INELIGIBLE FOR TANF ASSISTANCE FOR AS LONG AS THE CHILD RESIDES WITH THE
 INDIVIDUAL.
   9. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE LOCAL
 SOCIAL  SERVICES  OFFICE SHALL PAY THE COSTS OF A DRUG TEST ADMINISTERED
 UNDER THIS SECTION.
   B. IF AN INDIVIDUAL TESTS POSITIVE ON A DRUG TEST  ADMINISTERED  UNDER
 THIS SECTION, THE LOCAL SOCIAL SERVICES OFFICE SHALL WITHHOLD THE AMOUNT
 OF  THE  COST  OF THE DRUG TEST FROM THE NEXT PAYMENT OF TANF ASSISTANCE
 THE INDIVIDUAL RECEIVES IF THE INDIVIDUAL RECEIVES TANF ASSISTANCE.
   10. ANY DETERMINATION OF INELIGIBILITY FOR TANF ASSISTANCE  UNDER  THE
 PROVISIONS  OF  THIS SECTION IS SUBJECT TO APPEAL AND JUDICIAL REVIEW AS
 PROVIDED IN SECTION TWENTY-TWO OF THIS CHAPTER.
   11. A DRUG TEST ADMINISTERED UNDER THE PROGRAM MUST BE PERFORMED BY  A
 SAMHSA (AS DEFINED IN IC 22-10-15-3) CERTIFIED LABORATORY.
   12.  THE LOCAL SOCIAL SERVICES OFFICE SHALL NOTIFY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES REGARDING A CHILD WHO IS  INELIGIBLE  FOR  TANF
 ASSISTANCE  UNDER  THIS  SECTION.  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES SHALL, NOT LATER THAN NINE MONTHS AFTER THE  DATE  IT  RECEIVES
 THE  NOTICE,  CONDUCT A HOME VISIT AT THE CHILD'S RESIDENCE TO DETERMINE
 WHETHER TO PURSUE THE REPORT AS A REPORT OF  SUSPECTED  CHILD  ABUSE  OR
 NEGLECT.
   13.  THE LOCAL SOCIAL SERVICES OFFICE'S RECORDS CONCERNING THE RESULTS
 OF A DRUG TEST UNDER THIS SECTION MAY NOT BE ADMITTED AGAINST A  DEFEND-
 ANT IN A CRIMINAL PROCEEDING.
   14.  AS  USED  IN  THIS  SECTION:  A. "CONTROLLED SUBSTANCE" MEANS ANY
 SUBSTANCE LISTED IN SCHEDULE I, II, III, IV OR V OF SECTION THIRTY-THREE
 HUNDRED SIX OF THE PUBLIC HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING
 CONCENTRATED CANNABIS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION THIRTY-THREE HUNDRED TWO OF SUCH LAW.
   B. "TANF ASSISTANCE" MEANS  ASSISTANCE  UNDER  THE  FEDERAL  TEMPORARY
 ASSISTANCE FOR NEEDY FAMILIES PROGRAM UNDER 42 U.S.C. 601 ET SEQ.
   C. "TESTS NEGATIVE" OR "TESTING NEGATIVE" MEANS THAT AN INDIVIDUAL:
   (1)  TESTS NEGATIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN THE INDI-
 VIDUAL'S BODY; AND
   (2) TESTS POSITIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN THE  INDI-
 VIDUAL'S BODY BUT HAS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITIONER
 ACTING IN THE COURSE OF THE PRACTITIONER'S PROFESSIONAL PRACTICE FOR THE
 CONTROLLED SUBSTANCE.
   D. "TESTS POSITIVE" OR "TESTING POSITIVE" MEANS AN INDIVIDUAL:
   (1)  TESTS  POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE IN THE
 INDIVIDUAL'S BODY; AND
   (2) DOES NOT POSSESS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITION-
 ER ACTING IN THE COURSE OF THE PRACTITIONER'S PROFESSIONAL PRACTICE  FOR
 THE CONTROLLED SUBSTANCE.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.