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Key Votes

HB 392 - Authorizes Drug Testing for Work First Program Applicants - Key Vote

North Carolina Key Votes

Bryan Holloway voted Yea (Conference Report Vote) on this Legislation.

Read statements Bryan Holloway made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Conference Report Adopted (Senate) (42-4) -
Legislation - Conference Report Adopted (House) (92-21) - (Key vote)

Title: Authorizes Drug Testing for Work First Program Applicants

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes drug tests for applicants and recipients of Work First Program assistance.

Highlights:

  • Requires a drug test from an applicant or recipient of Work First Program assistance if “reasonable” suspicion of illegal controlled substance usage exists (Sec. 4).
  • Requires “reasonable” suspicion of illegal controlled substance usage be determined using certain means including, but not limited to, the following means (Sec. 4):
    • A criminal record check, which discloses a conviction, arrest, or outstanding warrant relating to illegal controlled substances within the prior 3 years;
    • A determination by a “qualified” professional in substance abuse that an individual is addicted to illegal controlled substances; or
    • A “screening tool” relating to the illegal controlled substance usage that yields a result which may indicate the use of an illegal controlled substance.
  • Prohibits an applicant or recipient who tests positive for illegal controlled substance usage from receiving Work First Program assistance for 1 year (Sec. 4).
  • Prohibits an applicant or recipient who subsequently tests positive for illegal controlled substance usage from receiving Work First Program assistance for 3 years (Sec. 4).
  • Authorizes an individual who tests positive for illegal controlled substance usage to reapply to the Work First Program after 30 days, under the following circumstances (Sec. 4):
    • If the individual has successfully completed a substance abuse program and has passed a drug test; or 
    • If a “qualified” professional in substance abuse determines that a substance abuse program is not appropriate and the individual passes a subsequent drug test.
  • Requires the Department of Justice to provide the county department of social services with the criminal history of an applicant or recipient of Work First Program assistance to confirm that the applicant or recipient is not fleeing to avoid the repercussions of certain illegal actions including, but not limited to, the following actions (Sec. 1-3):
    • The applicant or recipient is fleeing to avoid prosecution; 
    • The applicant or recipient is fleeing to avoid custody;
    • The applicant or recipient is fleeing to avoid confinement from a felony; 
    • The applicant or recipient is fleeing to avoid violating probation or parole; or
    • The applicant or recipient is fleeing to avoid the subject of an arrest warrant.
Legislation - Nonconcurrence Vote Passed (House) (111-0) -
Legislation - Bill Passed With Amendment (Senate) (43-6) -
Note:

NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

Legislation - Bill Passed (House) (106-6) -
Legislation - Introduced (House) -

Title: Authorizes Drug Testing for Work First Program Applicants

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