Senate Bill S5728

2011-2012 Legislative Session

Requires applicants for public assistance to submit to a drug test

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee


  • 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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2011-S5728 (ACTIVE) - Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §132, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3905
2015-2016: S2943
2017-2018: S3839

2011-S5728 (ACTIVE) - Summary

Requires applicants for public assistance to submit to a drug test; provides that the illegal use of a controlled substance, indicated in such a test, shall result in the denial of public assistance benefits; such provisions do not apply to persons 65 or older.

2011-S5728 (ACTIVE) - Sponsor Memo

2011-S5728 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5728

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation to drug testing  of
  certain public assistance applicants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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,  para-
graphs  (a) and (c) as amended by chapter 214 of the laws of 1998, para-
graphs (d), (e), (f) and (g) as amended by section  43-a  and  paragraph
(i)  as added by section 44 of part C of chapter 58 of the laws of 2008,
is amended to read as follows:
  4. (a) Investigation into [the cause of] the condition of  a  head  of
household  or  of  any  adult  applicant [or recipient and the treatment
which will be  helpful  to  such  person],  WHO  IS  UNDER  THE  AGE  OF
SIXTY-FIVE  YEARS, shall include a URINE DRUG TEST screening PROCESS for
[alcohol and/or substance abuse] ILLEGAL USE  OF  CONTROLLED  SUBSTANCES
using  a  standardized screening [instrument] PROCESS to be developed by
the office of alcoholism and substance abuse  services  in  consultation
with  the  department OF HEALTH.  Such screening shall be performed by a
social services district at the time of  application  [and  periodically
thereafter  but  not  more  frequently than every six months, unless the
district has reason to believe that an applicant or recipient is abusing
or dependent on alcohol or drugs, in accordance with regulations promul-
gated by the department] AT THE EXPENSE OF SUCH  HEAD  OF  HOUSEHOLD  OR
ADULT APPLICANT.
  (b)  When  the  screening  process  indicates  that there is reason to
believe that an applicant or recipient is [abusing or dependent on alco-
hol or drugs] ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE,  the
social  services  district  shall [require a formal alcohol or substance
abuse assessment, which may include drug testing, to be performed by  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07836-02-1
              

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