Bill Text: GA HB699 | 2011-2012 | Regular Session | Introduced

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Bill Title: Human Services, Department of; implement public assistance drug testing program; require

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2012-01-11 - House Second Readers [HB699 Detail]

Download: Georgia-2011-HB699-Introduced.html

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12 LC 35 2354

House Bill 699

By: Representative Stephens of the 164th

A BILL TO BE ENTITLED
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 drug testing for applicants of certain public assistance; to require the Department of Human Services to implement and maintain such program; to provide for related matters; 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) As used in this Code section, the term 'benefits' means state public assistance and state administered federal public assistance provided by the Department of Human Services, including Temporary Assistance for Needy Families (TANF). The term 'benefits' shall not include assistance related to the provision of medical care or treatment.

(b) On or after January 1, 2013, the Department of Human Services shall institute a random drug testing program for recipients of benefits. The department shall require a drug test consistent with acceptable drug testing standards for the screening of each person, 18 years of age or older, who applies for benefits.

(c) A person who tests positive for a controlled substance as a result of a drug test required under this Code section shall be ineligible to receive any further benefits, unless such person meets the requirements of subsection (f) or (g) of this Code section.

(d) The cost of drug testing shall be the responsibility of the applicant; provided, however, that if the applicant tests negative for controlled substances, the department shall increase the amount of the initial benefit by the amount paid by the individual for the drug testing.

(e) The department shall:

(1) Provide notice of drug testing to each person at the time of application for benefits. The notice shall advise the individual that drug testing will be conducted as a condition for receiving benefits and that the individual must bear the cost of testing. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for benefits;

(2) Require, for two-parent families receiving TANF benefits, that both parents shall comply with the drug testing requirement;

(3) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking;

(4) Inform the applicant of circumstances under which an individual who fails a drug test has the right to take one or more additional tests;

(5) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under this Code section; and

(6) Assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample.

(f) A person who tests positive for a controlled substance and is deemed ineligible for benefits may reapply for those benefits no sooner than one year after the date of the positive drug test unless such person meets the requirements of subsection (g) of this Code section. If the individual tests positive a second or subsequent time, he or she shall be ineligible to receive benefits for three years after the date of the second or subsequent positive drug test unless such person meets the requirements of subsection (g) of this Code section. Where an applicant 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.

(g) The department shall provide a person who fails a drug test with a list of licensed substance abuse treatment providers available in the area in which he or she resides that meet the requirements of the department and are approved by the department. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment as part of the screening conducted under this subsection. An individual who tests positive under this Code section and, as a result, is denied benefits may reapply for those benefits during the ineligibility period after successful completion of a substance abuse treatment program approved by the department. A person who meets the requirements of this subsection and reapplies for benefits shall also be retested and pass a drug test and meet any other applicable requirements of this Code section. The cost of any retesting and substance abuse treatment provided under this subsection shall be the responsibility of the individual being tested and receiving treatment. A person may reapply for benefits under this subsection only once during the ineligibility period. No additional retesting opportunities shall be provided during the ineligibility periods set forth in subsection (f) of this Code section.

(h) If a parent is deemed ineligible for benefits as a result of failing a drug test conducted under this Code section, the dependent child's eligibility for benefits shall not be affected. An appropriate protective payee shall be designated to receive benefits on behalf of the child. The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual shall be an immediate family member, or, if an immediate family member is not available or the family member declines the option, another individual, approved by the department, may be designated. The designated individual shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for a controlled substance, he or she shall be ineligible to receive benefits on behalf of the child.

(i) The department shall adopt rules and regulations consistent with the requirements of this Code section for the implementation and maintenance of a drug testing program."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.