Bill Text: MS HB949 | 2014 | Regular Session | Introduced
Bill Title: Public benefits; require drug testing for all recipients of state or local funded benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB949 Detail]
Download: Mississippi-2014-HB949-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representative Scott
House Bill 949
AN ACT TO PROVIDE THAT FROM AND AFTER OCTOBER 1, 2014, ALL RECIPIENTS OF PUBLIC BENEFITS THAT ARE FUNDED WITH STATE OR LOCAL FUNDS SHALL BE REQUIRED TO TAKE A DRUG TEST ANNUALLY TO DETERMINE THEIR ELIGIBILITY TO CONTINUE RECEIVING THE PUBLIC BENEFITS; TO PROVIDE THAT IF A RECIPIENT REFUSES TO TAKE THE REQUIRED DRUG TEST, THE RECIPIENT'S PUBLIC BENEFITS SHALL BE TERMINATED AND THE RECIPIENT MAY NOT RECEIVE ANY PUBLIC BENEFITS FOR A CERTAIN PERIOD OF TIME; TO PROVIDE THAT IF A RECIPIENT TESTS POSITIVE FOR THE UNLAWFUL USE OF A DRUG AFTER TAKING A DRUG TEST, THE RECIPIENT SHALL BE GIVEN A LIST OF APPROVED SUBSTANCE USE DISORDER TREATMENT PROVIDERS THAT ARE AVAILABLE IN THE AREA IN WHICH THE RECIPIENT RESIDES, AND MAY CONTINUE TO RECEIVE PUBLIC BENEFITS IF THE RECIPIENT ENTERS INTO AND FOLLOWS THE REQUIREMENTS OF A SUBSTANCE USE DISORDER TREATMENT PLAN; TO PROVIDE THAT IF A RECIPIENT DECLINES TO ENTER INTO A SUBSTANCE USE DISORDER TREATMENT PLAN, OR IF THE RECIPIENT ENTERS INTO, BUT FAILS TO MEET, A REQUIREMENT OF A SUBSTANCE USE DISORDER TREATMENT PLAN, THE RECIPIENT'S PUBLIC BENEFITS SHALL BE TERMINATED AND THE RECIPIENT MAY NOT RECEIVE ANY PUBLIC BENEFITS FOR A CERTAIN PERIOD OF TIME; TO PROVIDE THAT IF A RECIPIENT TESTS POSITIVE FOR THE UNLAWFUL USE OF ANY DRUG THREE TIMES, THE RECIPIENT'S PUBLIC BENEFITS SHALL BE TERMINATED AND THE RECIPIENT IS THEREAFTER INELIGIBLE TO RECEIVE ANY PUBLIC BENEFITS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Drug" means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescription.
(b) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's body fluids.
(c) "Public benefits" means any salary, compensation, contracts, payments or grants that are funded, in whole or in part, with funds of the State of Mississippi or a political subdivision of the state.
(2) From and after October 1, 2014, all recipients of public benefits who are thirteen (13) years of age or older shall be required to take a drug test annually to determine their eligibility to continue receiving the public benefits.
(3) If a recipient refuses to take the required drug test, the recipient's public benefits shall be terminated and the recipient may not receive any public benefits for:
(a) Ninety (90) days after a first refusal to take a drug test within one (1) year; or
(b) One (1) year after a second refusal to take a drug test within one (1) year.
(4) If a recipient is given a drug test and he or she tests positive for the unlawful use of any drug, the recipient:
(a) Shall be given a list of approved substance use disorder treatment providers that are available in the area in which the recipient resides; and
(b) May continue to receive public benefits if the recipient enters into and follows the requirements of a substance use disorder treatment plan, including:
(i) Receiving treatment from an approved substance use disorder treatment provider for at least sixty (60) days; and
(ii) Testing negative for the unlawful use of a drug in an additional drug test given at the conclusion of treatment.
(5) The recipient must have documented proof from an approved substance use disorder treatment provider, not later than ninety (90) days after testing positive for the unlawful use of a drug, that he or she is free from substance abuse in order to continue receiving the public benefits.
(5) If a recipient declines to enter into a substance use disorder treatment plan, or if the recipient enters into but fails to meet a requirement of a substance use disorder treatment plan, including if the recipient refuses to take a drug test required by a substance use disorder treatment plan or tests positive for the unlawful use of a drug in a drug test required by a substance use disorder treatment plan, the recipient's public benefits shall be terminated and the recipient may not receive any public benefits for:
(a) Ninety (90) days after the day that the recipient is no longer eligible to receive public benefits; or
(b) One (1) year after the day that the recipient is no longer eligible to receive public benefits, if the recipient has on at least one (1) other occasion in the past year not been eligible to receive public benefits.
(6) If a recipient tests positive for the unlawful use of any drug three (3) times, the recipient's public benefits shall be terminated and the recipient is thereafter ineligible to receive any public benefits.
SECTION 2. This act shall take effect and be in force from and after its passage.
