STATE OF NEW YORK
        ________________________________________________________________________

                                          5832

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 unlawful discriminato-
          ry practices by government agencies  relating  to  persons  recovering
          from alcohol and/or substance abuse

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  296-e
     2  to read as follows:
     3    §  296-e.  Unlawful  discriminatory  practices  by government agencies
     4  relating to persons recovering from alcohol and/or substance  abuse.  1.
     5  For the purposes of this section:
     6    (a)  "Government  agency"  shall mean any department, division, board,
     7  bureau, commission, office, agency, correctional facility, authority  or
     8  public  corporation  of  the  state  or  a county, city, town or village
     9  government or any other instrumentality of local  government  or  public
    10  educational institution.
    11    (b) "Alcohol abuse" and/or "substance abuse" shall have the same mean-
    12  ings as set forth in section 1.03 of the mental hygiene law.
    13    2.  It  shall  be an unlawful discriminatory practice for a government
    14  agency employer to deny employment to a prospective employee  solely  on
    15  the  basis  that  such  prospective  employee is recovering from alcohol
    16  and/or substance abuse.
    17    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07811-01-9