What's happening
This bill authorizes random drug testing for public assistance recipients and requires substance abuse assessment if drug use is detected, with exemptions for certain individuals.
Why it matters
Expands state authority to conduct random drug testing. The bill explicitly allows social services districts to randomly drug test anyone receiving public assistance, not just those already suspected of substance use, signaling a shift toward more surveillance of recipients.
Links drug test results to mandatory substance abuse assessment. If a random test or initial screening detects illegal drug use, recipients will be required to undergo a formal substance abuse assessment, which could include further drug testing and affect their eligibility or access to benefits.
Creates exemptions for certain individuals. People exempt from work requirements under section 332 (such as those with disabilities or specific caregiving responsibilities) will also be exempt from random drug testing, adding a targeted approach to the policy.
May impact privacy and increase administrative costs. The expansion of drug testing could raise privacy concerns for recipients and would likely require additional administrative resources, including contracting with substance abuse professionals and managing appeals or disputes.
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Who cares
Headline styles
Drug Tests for Welfare Recipients
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to social services
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
895
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, O'MARA, ORTT -- read twice and ordered printed, 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 Assembly, 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.