07 LC 37
0396
Senate
Bill 268
By:
Senators Seabaugh of the 28th and Rogers of the 21st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to
labor and industrial relations and social services, respectively, so as to
define certain terms; to provide that the Department of Labor shall develop a
program of mandatory drug testing of applicants for unemployment benefits; to
provide for a review; to provide that any applicant who refuses to be tested or
whose test results in a positive identification of certain substances shall be
ineligible to receive benefits; to provide that the Department of Human
Resources shall develop a program of mandatory drug testing of applicants for
public assistance; to provide for a review; to provide that any applicant who
refuses to be tested or whose test results in a positive identification of
certain substances shall be ineligible to receive public assistance; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by adding a new Code section to read as
follows:
"34-8-94.
(a)
As used in this Code section, the term:
(1)
'Applicant' means a candidate who applies for unemployment benefits under this
chapter.
(2)
'Department' means the Department of Labor.
(3)
'Established test' means the collection and testing of bodily fluids
administered in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979,
et seq., as amended).
(4)
'Illegal drug' means marijuana or any controlled substance or dangerous drug, as
such terms are defined in Chapter 13 of Title 16. The term 'illegal drug' shall
not include any drug when used pursuant to a valid prescription or when used as
otherwise authorized by state or federal law.
(5)
'Medical review officer' means a properly licensed physician who reviews and
interprets results of drug testings and evaluates those results together with
medical history or any other relevant biomedical information to confirm positive
and negative results.
(b)
The department is authorized and directed to establish a program of mandatory
drug testing for applicants.
(c)
Every applicant shall, prior to receiving a benefit, submit to an established
test for illegal drugs. All costs of such testing shall be paid from public
funds. Any such test which indicates the presence of illegal drugs shall be
followed by a confirmatory test using gas chromatography/mass spectrometry
analysis. If the results of the confirmatory test indicate the presence of
illegal drugs, such results shall be reviewed and interpreted by a medical
review officer to determine if there is an alternative medical explanation. If
the applicant provides appropriate documentation and the medical review officer
determines that it was a legitimate usage of the substance, the result shall be
reported as negative. Any applicant who fails to provide an alternative medical
explanation shall be reported by the medical review officer as having a positive
test result. Any applicant who refuses to submit to an established test for
illegal drugs or whose test results are positive shall be disqualified from
receiving a benefit. Such disqualification shall not be removed for a period of
two years from the date that such test was administered. The department shall
develop rules for the administration of the test and any verification procedures
as provided in this Code section. The results of such tests shall remain
confidential and shall not be a public record unless necessary for the
administration of these provisions or otherwise mandated by other state or
federal law."
SECTION
2.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising Code Section 49-4-181, relating to definitions relative to
temporary assistance for needy families, as follows:
"49-4-181.
As
used in this article, the term:
(1)
'Applicant' means a person who applies for assistance under the state
plan.
(2)
'Assistance' means the temporary assistance provided to needy families with
children in accordance with Part A of Title IV of the federal Social Security
Act, as amended, regulations promulgated pursuant thereto by the secretary of
health and human services, all applicable laws of this state, the state plan,
and regulations of the Board of Human Resources.
(3)
'Board' means the Board of Human Resources.
(4)
'Cash assistance' means the money payment component of TANF
assistance.
(5)
'Department' means the Department of Human Resources.
(6)
'Established test' means the collection and testing of bodily fluids
administered in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979,
et seq., as amended).
(6)(7)
'Family' means one or more children living with a responsible parent, both
parents, or other caretaker relative or legal guardian.
(8)
'Illegal drug' means marijuana or any controlled substance or dangerous drug, as
such terms are defined in Chapter 13 of Title 16. The term 'illegal drug' shall
not include any drug when used pursuant to a valid prescription or when used as
otherwise authorized by state or federal law.
(9)
'Medical review officer' means a properly licensed physician who reviews and
interprets results of drug testings and evaluates those results together with
medical history or any other relevant biomedical information to confirm positive
and negative results.
(7)(10)
'Recipient' means a person who receives assistance pursuant to the state
plan.
(8)(11)
'State plan' means the plan submitted by the State of Georgia to the secretary
of health and human services, pursuant to Part A of Title IV of the federal
Social Security Act, as amended, particularly by the Act of August 22, 1996,
Public Law 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended.
(9)(12)
'TANF' means temporary assistance for needy families.
(10)(13)
'Work activity' means a work activity as defined by Part A of Title IV of the
federal Social Security Act, as amended. The term currently includes any of the
following:
(A)
Unsubsidized employment;
(B)
Subsidized private sector employment;
(C)
Subsidized public sector employment;
(D)
Work experience, including work associated with the refurbishing of publicly
assisted housing, if sufficient private sector employment is not
available;
(E)
On-the-job training;
(F)
Job search and job readiness assistance, but such activity by a recipient shall
be limited to no more than six weeks, only four weeks of which may be
consecutive, unless the state´s unemployment rate is 50 percent above the
national average, in which case such activity shall be limited to no more than
12 weeks, only four weeks of which may be consecutive;
(G)
Community service programs;
(H)
Vocational educational training, not to exceed 12 months with respect to any
individual;
(I)
Job skills training directly related to employment;
(J)
Education directly related to employment, in the case of a recipient who has not
received a high school diploma or a certificate of high school
equivalency;
(K)
Satisfactory attendance at secondary school or in a course of study leading to a
certificate of general equivalence, in the case of a recipient who has not
completed secondary school or received such a certificate of high school
equivalency; and
(L)
The provision of child care services to an individual who is participating in a
community service program.
In
the event the definition of work activities in Part A of Title IV of the federal
Social Security Act is amended to delete from or add to the list of activities
contained in this paragraph, any such change or changes shall be incorporated
into this paragraph. The minimum average number of hours per week of such work
activity for not less than the percentage of recipients comprising the minimum
work participation rate in a given federal fiscal year shall be as
follows:
|
The minimum average
If
the month is in
number of hours per
federal
fiscal year
week is:
|
|
|
|
20
|
|
|
20
|
|
|
25
|
|
2000
or thereafter
|
30
|
(11)(14)
'Work participation rate' means the percentage of TANF recipients who are
required to engage in a work activity in accordance with Part A of Title IV of
the federal Social Security Act, as amended. The minimum work participation
rate with respect to all families receiving assistance under the Georgia TANF
Program shall be, in accordance with current federal law, as
follows:
|
The minimum
If
the federal
participation
fiscal
year is:
rate is:
|
|
|
|
25%
|
|
|
30%
|
|
|
35%
|
|
|
40%
|
|
|
45%
|
|
2002
or thereafter
|
50%
|
The
minimum work participation rate with respect to two-parent families receiving
assistance under the Georgia TANF Program shall be, in accordance with current
federal law, as follows:
|
The minimum
If
the federal
participation
fiscal
year is:
rate is:
|
|
|
|
75%
|
|
|
75%
|
|
1999
or thereafter
|
90%
|
Provided,
however, that the work participation rates reflected in this paragraph may be
adjusted due to caseload reductions in accordance with Part A of Title IV of the
federal Social Security Act, as amended."
SECTION
3.
Said
title is further amended by revising Code Section 49-4-189, which is reserved,
as follows:
"49-4-189.
Reserved.
(a) The
department is authorized and directed to establish a program of mandatory drug
testing for adult applicants.
(b)
Every applicant shall, prior to receiving the public assistance requested or
within ten days after the commencement of such assistance, submit to an
established test for illegal drugs. All costs of such testing shall be paid
from public funds. Any such test which indicates the presence of illegal drugs
shall be followed by a confirmatory test using gas chromatography/mass
spectrometry analysis. If the results of the confirmatory test indicate the
presence of illegal drugs, such results shall be reviewed and interpreted by a
medical review officer to determine if there is an alternative medical
explanation. If the applicant provides appropriate documentation and the
medical review officer determines that it was a legitimate usage of the
substance, the result shall be reported as negative. Any applicant who fails to
provide an alternative medical explanation shall be reported by the medical
review officer as having a positive test result. Any applicant who refuses to
submit to an established test for illegal drugs or whose test results are
positive shall be disqualified from receiving public assistance. Such
disqualification shall not be removed for a period of two years from the date
that such test was administered. The department shall develop rules for the
administration of the test and any verification procedures as provided in this
Code section. The results of such tests shall remain confidential and shall not
be a public record unless necessary for the administration of these provisions
or otherwise mandated by other state or federal
law."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.