Signed by Governor Nathan Deal

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires drug testing of applicants for and recipients of Temporary Assistance for Needy Families (TANF) benefits, effective January 1, 2013.

Highlights:

• Requires individuals applying for TANF benefits to submit and pass a drug test before receiving benefits (Sec. 3).

• Specifies that any recipient of cash assistance who tests positive in the drug test will be ineligible to receive TANF benefits and will be subject to the following (Sec. 3):
• For the first positive result, the recipient will be ineligible for TANF benefits for one month and until he or she tests negative in a retest;
• For the second positive result, the recipient will be ineligible for TANF benefits for three months and until he or she tests negative in a retest; and
• For the third and each subsequent positive result, the recipient will be ineligible for TANF benefits for 1 year and until he or she tests negative in a retest, unless the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department.

• Requires applicants to pay the full cost of the drug test or to pay a drug screening application fee of no more than $17, if they can demonstrate proof of active and current Medicaid benefits (Sec. 3).

• Requires the department to increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing if the individual tests negative and did not use Medicaid to subsidize the cost (Sec. 3).

• Requires 1 parent from 2-parent families to comply with the drug testing requirement (Sec. 3).

• Exempts dependent children under the age of 18 from the drug testing requirement (Sec. 3).

• Authorizes the following actions if a parent is considered ineligible for TANF benefits as a result of failing the required drug test (Sec. 3):
• The dependent child’s eligibility for TANF to not be affected; 
• An appropriate protective payee to be designated to receive benefits on behalf of the child; and
• The parent may choose to designate another individual to receive benefits for the child, but that individual must be an immediate family member or another individual approved by the department in the case that an immediate family member is unavailable or declines.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires drug testing of applicants for and recipients of Temporary Assistance for Needy Families (TANF) benefits, effective January 1, 2013.

Highlights:

• Requires applicants for or recipients of TANF benefits to take a drug test, and specifies that individuals who fail or refuse to take a drug test shall be denied benefits (Sec. 2).

• Specifies that any person who fails a second drug test will not be allowed to reapply for benefits for a period of 2 years following the results of the test (Sec. 2).

• Specifies that any person who fails a third drug test will be indefinitely prohibited from reapplying for TANF benefits (Sec. 2).

• Authorizes a family member or other designated individual to receive benefits on behalf of a child whose parent or parents failed a drug test (Sec. 2).

• Requires that, contingent on available funding, random drug tests be administered to recipients of TANF benefits no less than once every two years (Sec. 2).

• Requires a recipient of TANF benefits to pay for the administrative costs associated with the drug test by deducting such costs from the recipient's benefit payments (Sec. 2).

• Prohibits the state from charging a recipient of TANF benefits more than a total of $40.00 per drug test (Sec. 2).

• Prohibits the state from requiring TANF recipients to pay for more than 2 tests in a 2-year period (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires drug testing of applicants for and recipients of Temporary Assistance for Needy Families (TANF) benefits, effective January 1, 2013.

Highlights:

• Requires applicants for or recipients of TANF benefits to take a drug test, and specifies that individuals who fail or refuse to take a drug test shall be denied benefits (Sec. 2).

• Specifies that any person who fails a second drug test will not be allowed to reapply for benefits for a period of 2 years following the results of the test (Sec. 2).

• Specifies that any person who fails a third drug test will be indefinitely prohibited from reapplying for TANF benefits (Sec. 2).

• Authorizes a family member or other designated individual to receive benefits on behalf of a child whose parent or parents failed a drug test (Sec. 2).

• Requires that, contingent on available funding, random drug tests be administered to recipients of TANF benefits no less than once every two years (Sec. 2).

• Requires a recipient of TANF benefits to pay for the administrative costs associated with the drug test by deducting such costs from the recipient's benefit payments (Sec. 2).

• Prohibits the state from charging a recipient of TANF benefits more than a total of $40.00 per drug test (Sec. 2).

• Prohibits the state from requiring TANF recipients to pay for more than 2 tests in a 2-year period (Sec. 2).

Full Bill Text