10 LC
35 1797
House
Bill 1389
By:
Representatives Harden of the
28th,
Pruett of the
144th,
Morris of the
155th,
Austin of the
10th,
Williams of the
178th,
and others
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 relating to public assistance, so as
to require random drug testing for recipients of certain public assistance; to
amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, relating to unemployment compensation benefits, so as to require
random drug testing for recipients of unemployment compensation benefits; to
provide for related matters; 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.
Article
7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating
to unemployment compensation benefits, is amended by adding a new Code section
to read as follows:
"34-8-190.1
(a)
The Commissioner shall institute a random drug testing program for all claimants
or recipients of unemployment compensation benefits administered under this
article.
(b)
The Commissioner shall deny, or otherwise deem ineligible, any claimant or
recipient of unemployment compensation benefits, if the claimant or recipient
fails a drug test for illegal consumption of any marijuana, dangerous drugs, or
controlled substances.
(c)
Any claimant or recipient of unemployment compensation benefits shall submit at
least once per year to the Commissioner's random drug testing program as a
requirement for eligibility or continued receipt of such benefits. Failure to
comply shall be the same as failing a drug test, and the claimant or recipient
shall be considered ineligible for unemployment compensation benefits until
agreeing to submit and passing the Commissioner's random drug testing
program.
(d)
Any claimant or recipient of unemployment compensation benefits denied, or
otherwise deemed ineligible, by the Commissioner following a failure of a second
drug test as required by the drug testing program shall be ineligible to
receive, or prohibited from reapplying for, such benefits for a period of two
years from the date that the Commissioner denied a claimant or recipient's claim
or determined the claimant or recipient to be ineligible pursuant to this Code
section. Any claimant denied or deemed to be ineligible under this Code section
shall submit to a mandatory drug test as part of a reapplication for
unemployment compensation benefits.
(e)
The Commissioner shall be responsible for ensuring that claimants and recipients
chosen for drug testing are selected at random, and not by any other criteria,
including, but not limited to, suspicion of drug use, previous drug use, or
criminal conviction for drug use or possession.
(f)
The Commissioner 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 only be used for the purpose of denying, or determining
eligibility for continued receipt of, unemployment compensation benefits. At no
time shall drug test results be released to any public or private person or
entity except as requested by the person tested or the Department of Human
Services.
(g)
The costs of the drug test administered pursuant to this Code section shall be
paid for by the claimant or recipient or deducted from unemployment benefits
provided to the
recipient."
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)
The Department of Human Services shall institute a random drug testing program
for all applicants for, or recipients of, state public assistance and state
administered federal public assistance where the applicant or recipient is 18
years of age or older; provided, however, that the provisions this subsection
shall not apply to any public assistance related to the provision of medical
care or any public assistance provided, directly or indirectly, for the benefit
of persons under the age 18.
(b)
The department shall deny, or otherwise deem ineligible, any applicant for, or
recipient of, such state assistance or state administered federal assistance, if
the applicant or recipient fails a drug test for illegal consumption of any
marijuana, dangerous drugs, or controlled substances.
(c)
Any applicant or recipient of state assistance or state administered federal
assistance shall submit at least once per year to the department's random drug
testing program as a requirement for eligibility or continued receipt of such
assistance. Failure to comply shall be the same as failing a drug test and the
applicant or recipient shall be considered ineligible for state assistance or
state administered federal assistance until agreeing to submit and passing the
department's random drug testing program.
(d)
Any applicant or recipient of state assistance or state administered federal
assistance denied, or otherwise deemed ineligible, by the department following a
failure of a second drug test as required by the drug testing program shall be
ineligible to receive, or prohibited from reapplying for, such benefits for a
period of two years from the date that the department denied an applicant's
claim or determined the applicant to be ineligible pursuant to this Code
section. Any applicant denied or deemed to be ineligible under this Code
section shall submit to a mandatory drug test as part of a reapplication for
state assistance or state administered federal assistance or both.
(e)
The department shall be responsible for ensuring that applicants and recipients
chosen for drug testing are selected at random, and not by any other criteria,
including, but not limited to, suspicion of drug use, previous drug use, or
criminal conviction for drug use or possession.
(f)
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 only be used for the purpose of denying, or determining
eligibility for continued receipt of, state public assistance or 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 or the Department of Labor.
(g)
The costs of the drug test administered pursuant to this Code section shall be
paid by the applicant or recipient or deducted from benefits provided to the
recipient."
SECTION
3.
This
Act shall become effective on January 1, 2011, and apply to applicants,
claimants, and recipients on or after such date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.