Bill Text: GA HB698 | 2011-2012 | Regular Session | Introduced
Bill Title: Certain public assistance; random drug testing for recipients; require
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-01-11 - House Second Readers [HB698 Detail]
Download: Georgia-2011-HB698-Introduced.html
12 LC
35 2355
House
Bill 698
By:
Representative Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia
Annotated, relating to general provisions relative to public assistance, so as
to require random drug testing for recipients of certain public assistance; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to general provisions relative to public assistance, is amended by adding a new
Code section to read as follows:
"49-4-3.1.
(a)
The Department of Human Services shall institute a random drug testing program
for recipients of state public assistance and state administered federal public
assistance where the recipient is 18 years of age or older; provided, however,
that the provisions of this subsection shall not apply to any public assistance
related to the provision of medical care or any public assistance provided,
directly or indirectly, for the benefit of persons under the age 18. Nothing
contained in this Code section shall be construed to provide a basis for
withholding, cancelling, or denying any public benefit to a person under the age
of 18 or to a person receiving benefits for or on behalf of a person under the
age of 18.
(b)
The department shall cancel, withhold, or otherwise deem ineligible any
recipient of state assistance or state administered federal assistance under
this chapter if the recipient fails a drug test for illegal consumption of
marijuana or a controlled substance. Where a recipient of public assistance has
a valid medical prescription for a controlled substance for which he or she
tested positive, such recipient shall not be considered to have failed a drug
test for such substance.
(c)
A recipient of state assistance or state administered federal assistance shall
submit, not less than once per year, to the department's random drug testing
program as a requirement for continued receipt of such assistance. Failure to
comply with the drug testing requirements of this Code section shall be deemed
to be the same as failing a drug test, and the recipient shall be considered
ineligible for state assistance or state administered federal assistance until
agreeing to submit to the department's random drug testing program and passing a
drug test.
(d)
A recipient of state assistance or state administered federal assistance denied
or otherwise deemed ineligible by the department following a failure of a second
drug test as required by the drug testing program shall be ineligible to
receive, or prohibited from reapplying for, such benefits for a period of two
years from the date that the department determined the recipient to be
ineligible pursuant to this Code section. A recipient found ineligible under
this Code section shall submit to a mandatory drug test as part of a
reapplication for state assistance or state administered federal assistance or
both.
(e)
The department shall be responsible for ensuring that recipients chosen for drug
testing are selected at random and not by any other criteria, including, but not
limited to, suspicion of drug use, previous drug use, or criminal conviction for
drug use or possession.
(f)
The department shall be responsible for ensuring the confidentiality of any and
all drug test results administered as part of the program. Random drug test
results shall only be used for the purpose of denying or determining eligibility
for continued receipt of state public assistance or state administered federal
public assistance or both. At no time shall drug test results be released to
any public or private person or entity except as requested by the person
tested.
(g)
The department shall provide for an administrative hearing and interdepartmental
appeal for review of the findings of the department to the commissioner or his
or her designee. A review of such proceedings shall be affirmed, provided there
is any evidence to support the findings of the department.
(h)
The costs of the drug testing administered pursuant to this Code section shall
be paid by the recipient or deducted from benefits provided to the recipient;
provided, however, that a recipient of public benefits shall not be required to
pay for more than one drug screening per
year."
SECTION
2.
This
Act shall become effective on January 1, 2013.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.