Bill Text: GA HB861 | 2011-2012 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law enforcement officers; report drug related arrests to Department of Human Services; require
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB861 Detail]
Download: Georgia-2011-HB861-Enrolled.html
Bill Title: Law enforcement officers; report drug related arrests to Department of Human Services; require
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB861 Detail]
Download: Georgia-2011-HB861-Enrolled.html
12 LC
29 5229ERS
The
House Committee on Judiciary offers the following substitute to HB
861:
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 for public assistance, so as to
require drug testing for applicants and recipients of state administered TANF
benefits; to provide for legislative intent; to provide for related matters; to
provide for severability; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
WHEREAS,
the citizens of this state have a great concern for the abuse of illegal
substances by recipients of public benefits not only because such benefits are
paid with limited public funds that are potentially wasted on illegal drug
users, but also because of the need to identify and provide help to those who
are caught in the trap of drug addiction; and
WHEREAS,
the Georgia General Assembly recognizes the importance of encouraging a
drug-free lifestyle and believes that the state should discourage rather than
support the abuse of illegal substances; and
WHEREAS,
the use of illegal drugs by those on the lower end of the economic scale makes
it more likely that such persons will remain in poverty and commit other
criminal offenses; and
WHEREAS,
serious drug abuse by lower income parents is more likely to result in the
children of impoverished families failing in school, developing emotional or
behavior problems, and being neglected or abused; and
WHEREAS,
if the state is to take responsibility for breaking the tragic cycle of the
interrelated conditions of poverty, crime, and drug abuse, then it is necessary
and proper for the state to adopt a practice that will identify those substance
abusers who receive state benefits rather than continuing to allow government
tax dollars to support these self-destructive behaviors.
Therefore,
the Georgia General Assembly by this Act adopts a just and effective means of
identifying illegal drug users receiving public benefits.
SECTION
2.
Article
1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to general provisions relating 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:
(1)
'Applicant' means any person applying or reapplying for TANF benefits with the
Department of Human Services or any public or private entity working on behalf
of the department in the administration of TANF benefits.
(2)
'Drug test' means the collection and testing of bodily fluids or other matter
for the presence of marijuana or controlled substances administered in a manner
equivalent to that required by the Mandatory Guidelines for Federal Workplace
Drug Testing Programs (HHS Regulations 53 C.F.R. 11979, et seq., as amended) or
other professionally valid procedures approved and adopted by the department.
The term 'drug test' shall include any initial test or tests and any follow-up
test required to meet or exceed federal or other professional standards for
ensuring the accuracy of the testing process.
(3)
'Failing a drug test' means test results indicating the presence of marijuana or
a controlled substance in a person's system; provided, however, that where a
person has a valid medical prescription for a controlled substance for which he
or she tested positive, he or she shall not be considered to have failed a drug
test for such substance.
(4)
'Recipient' means a person currently receiving TANF benefits from or through the
Department of Human Services.
(5)
'TANF benefits' means state administered federal benefits under the Temporary
Assistance For Needy Families (TANF) program but shall not include any public
assistance related to the provision of medical care.
(b)
Not later than July 1, 2013, the Department of Human Services shall institute a
drug testing program for applicants of TANF benefits who are 18 years of age or
older. The drug testing program for TANF benefits shall require that a drug
test be administered to each applicant for TANF benefits prior to the receipt of
any such benefits.
(c)
Contingent upon available funding, in addition to administering a drug test to
applicants for TANF benefits, the department shall institute a random drug
testing program for recipients of TANF benefits. A recipient of TANF benefits
shall submit, not less than once every two years, to the department's random
drug testing program as a requirement for continued receipt of such benefits.
The department shall be responsible for ensuring that recipients chosen for drug
testing are selected at random and not by any other criteria.
(d)
The department shall deny TANF benefits to an applicant for or recipient of TANF
benefits if the applicant or recipient fails a drug test.
(e)
Failure of an applicant or recipient to comply with the drug testing
requirements of this Code section or the rules and regulations of the department
for the administration of such test shall be deemed to be equivalent to failing
a drug test, and the applicant or recipient shall be denied or deemed ineligible
to receive TANF benefits.
(f)
A person denied TANF benefits for failing a drug test pursuant to this Code
section may reapply for such benefits but shall be required to pass a drug test
in the same manner as an original applicant for such benefits. Any person
failing a second drug test administered under the provisions of this Code
section shall not be permitted to reapply for TANF benefits for a period of two
years following the results of such test. Any person failing a third drug test
administered under the provisions of this Code section shall be indefinitely
prohibited from reapplying for TANF benefits.
(g)
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 be used only for the purpose of denying or determining eligibility
for continued receipt of state public assistance, 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.
(h)
If a parent is deemed ineligible for TANF benefits as a result of failing a drug
test conducted under this Code section, the dependent child's eligibility for
TANF benefits shall not be affected. An appropriate protective payee shall be
designated and approved by the department to receive benefits on behalf of the
child. The parent may recommend another individual to receive benefits for the
parent's minor child. The recommended individual must be an immediate family
member. If an immediate family member is not available or the family member
declines the option, another individual shall be designated and approved by the
department. The designated individual shall also undergo drug testing before
being approved to receive benefits on behalf of the child. If the designated
individual fails a drug test, he or she shall be ineligible to receive benefits
on behalf of the child.
(i)
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 decision by the commissioner or his or her designee shall be
considered a final agency decision. A review of the final agency decision may
be conducted by appeal to the superior court of the county where the applicant
or recipient resides. An appeal of a final agency decision shall be filed
within 30 days of the decision and such decision shall be affirmed provided
there is any evidence to support the findings of the department. The
administrative appeal proceedings authorized under this subsection shall be
conducted by the department and shall not be conducted by the Office of
Administrative Hearings or any other agency outside of the
department.
(j)
The administrative costs of the drug test administered pursuant to this Code
section shall be paid by the recipient of TANF benefits by deducting such costs
from the benefits over a period of 12 months; provided, however, that a
recipient of public benefits shall not be charged more than a total of $40.00
per drug test nor be required to pay for more than two tests in a two-year
period.
(k)
The results of any drug test done according to this Code section shall not be
subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to
inspection of public records. Such results shall not be used as a part of a
criminal investigation or criminal prosecution. Such results may not be used in
a civil action or otherwise disclosed to any person or entity without the
express written consent of the person tested or his or her heirs or legal
representative. All such records shall be destroyed five years after the date
of the test.
(l)
The department shall adopt rules and regulations for the administration of a
drug testing program in accordance with the provisions of this Code
section."
SECTION
3.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
4.
This
Act shall become effective on January 1, 2013, and shall apply to applicants or
recipients of TANF benefits on or after July 1, 2013.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.