NY State Senate Bill 2023-S5293

Senate Bill S5293

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Mar 01, 2023	referred to investigations and government operations

co-Sponsors

2023-S5293 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2023-S5293 (ACTIVE) - Summary

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

2023-S5293 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5293

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to employee or prospec-
tive employee testing for the presence of tetrahydrocannabinols or mari-
huana as a condition of employment

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits employers from testing for the presence of tetrahy-
drocannabinols or marihuana as a condition of employment for current or
prospective employees for most jobs.

 
SUMMARY OF PROVISIONS:

Section 1: Section 296 of the executive law is amended by adding a new
subdivision 23 that prohibits the unlawful discriminatory practice by an
employer, labor organization, employment agency, or agent of requiring a
current or prospective employee to submit a rest for the presence of
tetrahydrocannabinols or marihuana as a condition of employment. Such

provisions shall not apply to certain persons in specific jobs as
detailed.

Section 2: This act shall take effect immediately

 
JUSTIFICATION:

As New York State has reached the landmark decision to legalize the
recreational and expand medical use of marijuana, as many other states
have already done, certain racial and economic disparities need to be
addressed, such as drug testing employees for tetrahydrocannabinols or
marihuana as a condition of employment. Drug testing restricts the job
pool, which in turn affects productivity and economic growth. According
to data from Quest Diagnostics Inc, failed tests reached an all time
high in 2017. This number will surely increase with more and more states
legalizing the recreational use of marijuana. Jeremy Kidd, a professor
at Mercer Law school in Macon, Georgia, states that eliminating drug
testing could have broader benefits for the economy. Employees should
not be reprimanded for their private recreational activities.

This legislation seeks to amend that discriminatory practice by prohib-
iting employers, labor organizations, employment agencies, and agents
from testing current or prospective employees for the presence of
tetrahydrocannabinols or marihuana as a condition of employment. This
does not apply to certain jobs such as police or peace officers; jobs
requiring a commercial driver's license; jobs requiring the supervision
of children, medical patients, and vulnerable persons; and federal
barriers as well.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A2102

2020: A9627

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5293 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5293
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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.
                                                            LBD03069-01-3

 S. 5293                             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.

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Senate Bill S5293

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Nathalia Fernandez