Drug Testing Welfare Recipients: Recent Proposals and Continuing Controversies. Appendix A: 2010 and 2011 Federal and State Legislative Proposals on TANF Drug Testing

10/12/2011

Appendix A: 2010 and 2011 Federal and State Legislative Proposals on TANF Drug Testing

StateBill Number (and year)Status (as of 6/15/2011)Target PopulationTesting MethodSubstance(s) IncludedProcedural SafeguardsConsequences of a Positive TestIs Substance Abuse Treatment or Child Well-Being Addressed?Other/Comments
US CongressS. 83 and H.R. 1769(2011)Referred to committeeRequires states to certify that TANF applicants have been drug tested and states may include continued (random or set) testing of recipientsNot specifiedControlled substance as defined in section 102 of the Controlled Substance Act.Not specifiedIneligible for benefits for positive test for two years (or for drug related crime after bill is in effect). No benefit at any time for three positive tests or three convictions.States determine rehabilitation and treatment programs.  Recipients may continue receiving benefits and must have clean drug test 6 months after entering treatment for continued receipt. 
AlabamaSenate Bill 496 (2011)Pending Committee ActionAny person applying for temporary cash payments (dependent children under 18 are excluded)Chemical, biological or physical instrumental analysisDrug which are prohibited by law and include, but not limited to:  amphetamine, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine, opiate, barbiturate, benzodiazepine, methamphetamine, proposxyphene, tricyclic antidepressant, without a valid prescriptionMay retake the test one or more timesIneligible for benefit for one yearReapplication allowed after 6 months for documented treatment completion; If parent is ineligible, child remains eligible and payment is made to designated payeeCost of test is responsibility of person being tested, but if person passes test, the amount of the test is added to first TANF benefit paid
 House Bill 157 (2011)Pending Committee ActionRandom testing of adult applicants plus required testing for someone who appears or acts in way that suggests they may be under the influenceBlood or urineSchedule I, Schedules II-IV without valid RxResults not admissible in criminal proceeding without consent of person testedIneligible for benefits  
  ArizonaHouse Bill 2011b Senate Bill 1011 (2010)Transmitted to governor and signedAll adult recipients receiving TANF with reasonable causeNot specifiedControlled substances without Rx Ineligible for benefits for one year All bills have identical language
 Senate Bill 1620 (2011)Transmitted to governor and signedAll adult recipients receiving TANF with reasonable causeNot specifiedControlled substances without Rx Ineligible for benefits for one year Same language as 2010 bills
CaliforniaSenate Bill 384 (2009) and Assembly Bill 730 (2011)IntroducedRandom testing to determine  ongoing eligibilityUnspecified "chemical" testSchedule I, Schedule II (cocaine, opium, phencyclidine, methamphetamine), prescriptions without Rx Benefits discontinued if treatment is not completed1 year treatment program to continue receiving benefits2009 and 2011 language nearly identical
ConnecticutSenate Bill 395 (2011)Referred to committeePeriodic testing on all recipients over 18Not specifiedIllegal drugs 1st positive test: evaluation with either required education or treatment, 2nd positive test; same; 3rd positive test or for those who refuse treatment, benefits terminatedTreatment or education required for continued receipt 
FloridaHouse Bill 353 and Senate Bill 556 (2011)Signed into lawAll applicants (excludes dependent children under 18)Not specified, but consistent with Florida statute 112.0455 (also vague)Not specifiedRetesting allowedIneligible for benefit for one year (3 years after 2nd positive test)Treatment information provided; Reapplication allowed after 6 months for documented treatment completion; If parent is ineligible; child remains eligible and payment is made to designated payeeCost of test is responsibility of person being tested, but if person passes test, the amount of the test is added to first TANF benefit paid; reads very similar to AL bill
GeorgiaHouse Bill 464 (2011)IntroducedEach recipient would be tested randomly once a yearNot specifiedMarijuana or controlled substances without valid RxRetesting allowed; results not used for other purposesIneligible for benefit until clean test (2nd failure leads to two years of ineligibility) Testing cost to be deducted from benefits
IowaHouse File 356 and Senate File 90Both referred to committeeAdult applicants (at application) and recipients (annually, assigned random month)Blood or urine (Senate bill has additional specifications)Marijuana or controlled substances without valid RxNot admissible in court without consent (Senate includes language about confirmatory test for positive test and provision that person tested is able to request 2nd confirmatory test)Ineligible for benefits Costs deducted from benefits
IllinoisHouse Bill 11 (2011)Referred to committeeMay be required as condition of eligibility (to begin as pilot program in 3 counties) [not required for individuals over 65]To be reported by Department of Human Services annuallyTo be reported by Department of Human Services annuallyMandatory re-test of original sampleIneligible for benefits if not participating in drug treatment program  
Illinois (continued)House Bill 1402 (2011)Referred to committeeRandom testing of applicantsTo be reported by Department of Human Services annuallyTo be reported by Department of Human Services annually Ineligible for benefit for 1 yearTreatment must be completed within 60 days to continue to receive benefit (plus clear test after treatment is over); other family members remain eligibleRequires testing to file  for nomination for state senator or representative
IndianaHouse Bills 1452 and 1559 and Senate Bill 568 (all 2011)Referred to committeeUniversal testing of applicants;  recipients over 18 to be tested based on reasonable suspicionUrinalysisControlled substances without RxAppeals available, all positive samples are retested before action is takenIneligible for benefit for 1 yearIf completing rehab program, TANF benefits available on day of treatment completion; child remains eligibleIncludes language about exclusion from Medicaid for positive test; drug testing language similar between all bills
KentuckyHouse Bill 208 (2011)Referred to committeeAll applicants and ongoing recipients (recipients tested once each year by random month assignment)Urinalysis or blood testSchedule I, Schedules II-IV without valid RxResults not admissible in criminal proceeding without consent of person testedIneligible for benefit  
 House Bill 402 (2011)Referred to committeeApplicants and ongoingAll complete pencil/paper questionnaire;  blood or urine test required if questionnaire responses indicate a possible issueSchedule I, Schedules II-IV without valid RxResults not admissible in criminal proceeding without consent of person tested60 day grace period for positive test followed by re-test (paid for by person being tested); if this test is positive, benefits are terminatedChild and other family members remain eligible 
LouisianaHouse Bill 611 (2010)Referred to committeeExpands mandatory drug testing to all adult recipients receiving cash assistance (FITAP)Whatever is most cost effectiveAt minimum: marijuana, hashish, cocaine, opiates, methamphetamines, benzodiazepines, amphetamines, and phencyclidineFollow up tests permitted for those who fail initial screening   
 House Bill 617 (2010)Passed in House, Referred to committee in Senate20% of applicants and recipients tested (down from 50% in previous legislation)Whatever is most cost effectiveAt minimum: marijuana, hashish, cocaine, opiates, methamphetamines, benzodiazepines, amphetamines, and phencyclidine    
 House Bill 7 (2011)Passed in House, Referred to committee in SenatePossible drug testingNot specified    Nearly identical to HB 617 (2010) added specification on random testing and clarifies funding issues
MassachusettsHouse Bill 974 (2011)Referred to committeeRandom testing for those receiving benefits who have prior drug-related convictionNot specifiedNot specified May be ineligible to receive benefits if not going through treatment"Remedies" will be provided to those with positive test 
MarylandHouse Bill 585 (2011)Unfavorable report by appropriations; withdrawn by sponsorAdult recipients receiving benefitsNot specifiedControlled, dangerous substancesNot specifiedIneligible unless treatment is undertaken or after 90 days and negative test if no treatment is availableBenefits can resume when treatment is completed; child and other family members remain eligible 
MichiganHouse Bill 4409Passed in House, Senate referred to committeeSubstance abuse treatment/testing for those failing to meet compliance goalsNot specified    Original bill included language about a pilot program for drug testing for eligibility but was not included in the bill that passed the House
MinnesotaHouse Bill 3698 (2010)Referred to committeeInitial eligibility and ongoing extension of benefitsNot specifiedNot specified Ineligible until negative drug test, if more than 2 tests failed there is 30% reduction in benefit for assistance unit, 3rd failure and recipient is permanently disqualified from cash AND foodAgency required to conduct assessment and offer services; Benefit for entire assistance unit paid in vendor form for shelter and utilities 
 House Bill 1120 (2011)IntroducedInitial eligibility and random screening of ongoing recipientsNot specifiedDrugs and alcoholNot specifiedIneligible for benefits until a pattern of negative test results is establishedNot specifiedApplicant/recipients must pay for test
MississippiHouse Bill 122 (2010)Died in committeeRandom tests of recipients over 13 to determine ongoing eligibilityNot specifiedControlled substance without valid Rx Ineligible for benefits, 2 later, clean tests before benefits are reinstated (not less than 3 months apart) Persons failing test are required to pay the cost of test
Mississippi (continued)House Bill 675 (2010) and House Bill 660Died in committeeRandom tests of recipients over 13 to determine ongoing eligibilityNot specifiedControlled substance without valid Rx Ineligible for benefits for not less than 90 days and requires another drug test Bills are very similar
 Senate Bill 2853 (2010) and Senate Bills 2759 and 2011 (both in 2011)Died in CommitteeRandom testing of recipientsNot specified  Ineligible for benefits for 1 year (for Senate Bill 2011, length of termination determined by number of positive tests  
 House Bill 1291(2011)Died in CommitteeAny person over 18 receiving benefitsNot specified  First positive test: no benefits for 90 days, 2nd positive test: no benefits for 180 days, 3rd positive test, no benefits for one year (after which time an additional test is administered)  
MissouriHouse Bill 73 (2011)Passed House and Senate, signed by the  GovernorWork-eligible applicants and recipients with reasonable causeNot specifiedControlled substance without valid RxAdministrative hearing before benefits are deniedIneligible for benefits for one yearReferral to drug treatment program; Children and other household members otherwise eligible can continue to receive benefits through 3rd party payee 
 Senate Bills 5, 7, 74 and 169 (combined)IntroducedAt time of application or interim change, case workers may file report on applicants or recipients of TANF for child abuse that results from substance abuse  (leads to subsequent testing)Not specifiedControlled substance without valid Rx Ineligible for benefits for 2 years unless treatment is completedReferral to treatment program; child and other family members remain eligible 
NebraskaHB 221 (2011)Referred to committeeApplicants and recipients with probable causeNot specifiedControlled substance without valid RxAdministrative hearing to determine if positive test is accurate, decision of hearing may be appealedIneligible for benefits for one yearReferral to substance abuse treatment program 
New MexicoHouse Bill 210 (2011)Died in committeeRecipients with individualized suspicion and as condition of eligibilityBlood, hair, or urineControlled substance without valid RxNone specifiedIf treatment is refused, ineligible of benefits for one year and until treatment is completedAutomatic treatment referral; benefits continue if in treatment 
New YorkA04474 (2011)Refer to social servicesAdult applicant or recipient over 18UrinalysisAlcohol and/or substance abuse Ineligible for benefits (for first failing to participate in treatment, denial lasts 45 days or until person participates in treatment)Social service agency refers for treatment; other family members receive public assistance through safety net assistance 
 A 227 and A174 (2011)Refer to social servicesApplicants who are otherwise eligibleTo be established by commissionerTo be established by commissionerNone specifiedRequired to undergo treatment, otherwise ineligible for benefitTreatment required for positive test (or benefits terminated) 
North CarolinaSenate Bill 121 (2011)Refer to committeeApplicants and recipientsNot specifiedSubstance abuseNone specifiedRequired to undergo treatmentTreatment required 
OklahomaHouse Bills 1407,1649, 1939, and 2532; Senate Bills 390, 769, 1392, and 2112 (all 2009)All bills but 390 and 1392 Referred to Committee;  390 passed Senate, sent to house, passed house but unable to agree in committeeApplicant as condition of eligibility   Ineligible for benefits(Senate bill allows for treatment and receipt of benefit if in treatment)House Bills have same, very basic, language
 House Bill 1083 (2011)Referred to committeeApplicants for state benefits (including spouses and dependents) and every 180 days ongoingUrinalysisLimited to  Schedule I substancesRetest and appeal allowedIneligible for benefits (applicants for 90 days, recipients for 1 year)Children under 12 are tested every 2 years and if positive for drugs are referred to family and child servicesCosts deducted from first month benefits
 Senate Bill 538 (2011)Referred to committeeRandom testing of recipients of benefitsNot specifiedNot specifiedNone specifiedIneligible for benefits for failure to comply with substance abuse programSubstance abuse program referral for positive tests and test refusalState elected officials subject to same testing requirements
 House Bill 1067 (2011)Referred to committeeRecipientsNot specifiedNot specifiedConfirmatory test necessaryIneligible for benefitsNone 
OregonSenate Bill 538 (2011)Referred to committeeRequired for initial eligibility and every six months thereafterNot specifiedNot specified Ineligible for benefits for 2 years  
PennsylvaniaHouse Bills 860 and 1856 and Senate Bill 832 (all 2009); and House bill 1297 Senate Bill 719 (2011)All bills but House Bill 1297 referred to committee; House Bill 1297 passed House and referred to committee in SenateRequired for ongoing eligibility (all recipients over 18 and under 75)/random selection of no less than 20% in 6 month periodUrine sample (for H.B. 1297, urinalysis, blood, or other scientific study allowed)Controlled substance defined by section 2 P.L. 233, no 64Re-tests allowed, test result not to be shared with law enforcementIneligible for benefitsFree treatment availableHouse bills are very similar, Senate bill is more concise but similar
South DakotaHouse Bill 1152 (2011)Referred to committee, amendment to  require  suspicion  failed in House, no further actionRandom screening of any adult recipientNot specifiedControlled substance without valid RxFor those who test positive, entitled to administrative hearing to determine test validity and contest suspended benefitsIneligible for benefits for 1 yearReferred to appropriate professional or agency assistance 
 House Bill 1120 (2011)Referred to committeeApplicants or recipients with reasonable causeBlood or bodily substanceControlled drug or substanceNot specifiedIneligible for benefits for 1 year; those who refuse to take a test are ineligible for 6 monthsNot specified 
Rhode IslandHouse Bill 6249Referred to committeeAll adult cash welfare applicantsTo conform with standards from Department of HealthControlled substanceAdditional tests allowed under conditions to be specifiedIneligible for benefits for 1 year for first positive test and 3 years for second positive test; those completing treatment  may reapply after 6 monthsList of treatment facilities provided but cost of treatment is not covered; Children remain eligible with payment made to protective payeeApplicant must pay for test but benefit will be increased by test amount if test is negative
South CarolinaHouse Bill 4358 (2011)Referred to committeeAdult TANF applicantsNot specifiedControlled substanceAdditional tests allowed under conditions to be specifiedIneligible for benefits for 1 year for first positive test and 3 years for second positive test; May reapply after 6 months with documented completion of treatmentList of treatment facilities provided but cost of treatment is not covered; Children remain eligible with payment made to protective payeeApplicant must pay for test but benefit will be increased by test amount if test is negative
TennesseeSenate Bill 48/House Bill 230 (2011)Referred to committeeRecipients with reasonable causeNot specifiedControlled substance without valid RxAutomatic re-test to rule out false-positive, with opportunity to appeal the re-testIneligible for benefits for 1 year  
 House Bill 365 (2011)Referred to committeeAll applicants before benefit is given; recipients at least yearly afterwardBlood or urineSchedule I, Schedules II-IV without valid RxResults not admissible in criminal proceeding without consent of person testedIneligible for benefits Fiscal note mentions that suspicionless testing is unlawful (so there will be no cost)
 House Bill 0957/ Senate Bill 0652 (2011)Referred to committeeEach adult recipient who is otherwise eligible for public assistance or who the department has reasonable cause to believe engages in the illegal use of controlled substancesNot specifiedControlled substance without valid RxGiven opportunity for appealIneligible for benefits for 1 year unless seeking treatmentOpportunity for treatment before or after positive test with continued benefits 
Tennessee (continued)Senate Bill 983 (2011)Referred to committeeAs condition of eligibility (initial or ongoing not specified)Not specifiedSubstance abuseAutomatic re-test to rule out false-positive, with opportunity to appeal the re-test   
TexasHouse Bill 139 (2011)IntroducedEach adult applicant to determine eligibilityNot specifiedControlled substance without valid RxAutomatic re-test and opportunity for public hearingIneligible for benefits for 1 yearChild remains eligible 
VirginiaHouse Bill 925, Senate Bill 59, Senate Bill 781  and House Bill  2154, House Joint Resolutions 616 and 87 (all 2010)925, 59, and 2154 left in committee, 781 passed Senate and House left in appropriationsApplicants and recipients screened to determine probable cause"Standardized screening instrument""illegal substances" Ineligible for benefits for 1 yearChild remains eligible through payments to 3rd party 
West VirginiaHouse Bill 3079 and House Bill 2965 (All 2011)Referred to committeeRandom test of all applicants and recipients plus probable cause testingCommissioner of Division of Human Services will determineNot specified2 tests required before benefits are denied (tests are 30 days apart and denial cannot happen until 2nd test); test results not shared for other purposesIneligible for benefits for 2 yearsBenefits remain for those in treatmentAs part of bill, legislators must also be tested and they lose pay and benefits (but no job) for positive test, nearly same wording between two bills