South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

S. 140

STATUS INFORMATION

General Bill
Sponsors: Senators Bright and Bryant
Document Path: l:\s-res\lb\026welf.hm.lb.docx

Introduced in the Senate on January 8, 2013
Currently residing in the Senate Committee on Judiciary

Summary: Drug test required for person seeking public assistance

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2012  Senate  Prefiled
  12/18/2012  Senate  Referred to Committee on Judiciary
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 94)
    1/8/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 94)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/18/2012

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 1, TITLE 1 OF THE 1976 CODE, BY ADDING ARTICLE 27, RELATING TO DRUG TESTING AND PUBLIC ASSISTANCE, TO DEFINE THE TERM "PUBLIC ASSISTANCE", TO PROVIDE THAT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, A PERSON SEEKING PUBLIC ASSISTANCE MUST SUBMIT TO CERTAIN DRUG TESTS, TO PROVIDE THAT A PERSON MUST BE GIVEN NOTICE THAT DRUG TESTING WILL BE CONDUCTED AS A CONDITION FOR RECEIVING BENEFITS AND THAT THE PERSON MUST BEAR THE COST OF TESTING, TO PROVIDE THAT A PERSON WHO TESTS POSITIVE FOR CONTROLLED SUBSTANCES IS INELIGIBLE TO RECEIVE BENEFITS FOR ONE YEAR AFTER THE DATE OF THE POSITIVE DRUG TEST, TO PROVIDE THAT A PERSON WHO TESTS POSITIVE AND IS DENIED BENEFITS AS A RESULT MAY REAPPLY FOR THOSE BENEFITS AFTER SIX MONTHS IF HE SUCCESSFULLY COMPLETES A SUBSTANCE ABUSE TREATMENT PROGRAM AND PASSES AN INITIAL DRUG TEST, TO PROVIDE THAT A PERSON WHO TWICE FAILS A DRUG TEST MAY NOT RECEIVE ADDITIONAL PUBLIC ASSISTANCE, AND TO PROVIDE THAT AN AGENCY THAT ADMINISTERS THIS TEST TO A PERSON WHO TWICE FAILS THE TEST IMMEDIATELY SHALL TERMINATE PUBLIC ASSISTANCE BENEFITS IT PAYS HIM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 27

Drug Testing as a Condition

of Receiving Public Assistance

Section 1-1-1710.    For purposes of this article, 'public assistance' means cash or in-kind income received from a public source and for which the recipient is eligible on the basis of financial need.

Section 1-1-1720.    Except as otherwise prohibited by law, a person:

(1)    seeking or receiving public assistance shall submit to drug testing administered by the agency from which the person is seeking or receiving public assistance;

(2)    must be given notice that drug testing will be conducted as a condition for receiving benefits and that the person must bear the cost of testing. If the person tests negative for controlled substances, the agency from which the person is seeking or receiving public assistance shall increase the amount of the initial benefit by the amount paid by the person for the drug testing;

(3)    who tests positive for controlled substances is ineligible to receive benefits for one year after the date of the positive drug test;

(4)    who tests positive and is denied benefits as a result may reapply for those benefits after a period of six months if:

(a)    the person can document successful completion of a substance abuse treatment program; and

(b)    the person reapplies for benefits and passes an initial drug test. Any drug test conducted while the person is undergoing substance abuse treatment is the responsibility of the person being tested and receiving treatment; and

(5)    who twice fails a drug test required under this section may not receive additional public assistance benefits, and the agency that administered the drug test immediately shall terminate public assistance benefits it provides to him."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on Thursday, February 28, 2013 at 3:50 P.M.