South Carolina H 3114: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-1187 AND ARTICLE 11 TO CHAPTER 5, TITLE 43 SO AS TO REQUIRE APPLICANTS FOR AND RECIPIENTS OF BENEFITS UNDER THE FAMILY INDEPENDENCE PROGRAM AND THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM WHOM THE DEPARTMENT OF SOCIAL SERVICES (DSS) REASONABLY SUSPECTS ARE ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE TO UNDERGO A DRUG TEST AS A CONDITION OF ELIGIBILITY TO RECEIVE THOSE BENEFITS, WITH EXCEPTIONS, TO PROVIDE THAT AN INDIVIDUAL WHO TESTS POSITIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN VIOLATION OF STATE OR FEDERAL LAW IS INELIGIBLE TO RECEIVE CERTAIN BENEFITS FOR AN ESTABLISHED PERIOD OF TIME, UNLESS THE PERSON SUCCESSFULLY COMPLETES A SUBSTANCE ABUSE TREATMENT PROGRAM OR MEETS OTHER EXCEPTIONS, TO REQUIRE DSS TO CONTRACT WITH THE SOUTH CAROLINA DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO PROVIDE CERTAIN SERVICES, TO ESTABLISH CRITERIA FOR DETERMINING WHETHER REASONABLE SUSPICION EXISTS TO REQUIRE DRUG SCREENING AND TESTING, AND FOR OTHER PURPOSES.

Bill Text

2017-2018 Bill 3114 Text of Previous Version (Dec. 15, 2016) - South Carolina Legislature Online 

South Carolina General Assembly

122nd Session, 2017-2018 

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Bill 3114

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-1187 AND ARTICLE 11 TO CHAPTER 5, TITLE 43 SO AS TO REQUIRE APPLICANTS FOR AND RECIPIENTS OF BENEFITS UNDER THE FAMILY INDEPENDENCE PROGRAM AND THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM WHOM THE DEPARTMENT OF SOCIAL SERVICES (DSS) REASONABLY SUSPECTS ARE ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE TO UNDERGO A DRUG TEST AS A CONDITION OF ELIGIBILITY TO RECEIVE THOSE BENEFITS, WITH EXCEPTIONS, TO PROVIDE THAT AN INDIVIDUAL WHO TESTS POSITIVE FOR THE USE OF A CONTROLLED SUBSTANCE IN VIOLATION OF STATE OR FEDERAL LAW IS INELIGIBLE TO RECEIVE CERTAIN BENEFITS FOR AN ESTABLISHED PERIOD OF TIME, UNLESS THE PERSON SUCCESSFULLY COMPLETES A SUBSTANCE ABUSE TREATMENT PROGRAM OR MEETS OTHER EXCEPTIONS, TO REQUIRE DSS TO CONTRACT WITH THE SOUTH CAROLINA DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO PROVIDE CERTAIN SERVICES, TO ESTABLISH CRITERIA FOR DETERMINING WHETHER REASONABLE SUSPICION EXISTS TO REQUIRE DRUG SCREENING AND TESTING, AND FOR OTHER PURPOSES. 

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

SECTION 1. Article 9, Chapter 5, Title 43 of the 1976 Code is amended by adding: 

"Section 43-5-1187. (A) Notwithstanding another provision of law, the department shall require a drug test to screen an individual applying for or receiving FI benefits whom the department reasonably suspects is engaged in the illegal use of a controlled substance. 

(B) The department shall provide notice of drug testing to each applicant or recipient. The notice must advise the applicant or recipient that drug screening, and testing if there is reasonable suspicion that an individual is engaged in the illegal use of a controlled substance, will be conducted as a condition of receiving FI benefits and that the results of any drug test will remain confidential and will not be released to law enforcement. The notice also must advise the applicant or recipient that an individual who tests positive for the use of a controlled substance in violation of state or federal law is ineligible to receive FI benefits as well as any other public assistance and unemployment compensation benefits. The cost of an initial drug test pursuant to this section is the responsibility of the department. Dependent children under the age of eighteen are exempt from the requirements of this section. The department shall: 

(1) require, for two-parent households, both parents to comply with the requirements of this section; 

(2) require a teen parent who is emancipated to comply with the requirements of this section; 

(3) advise each applicant or recipient before drug testing of the right to inform the agent administering the test of any prescription or over-the-counter medication he is taking; 

(4) advise each applicant or recipient who fails a drug test of the right to take one or more additional tests at his own expense; 

(5) require each applicant or recipient being tested to sign a written acknowledgement that he has received and understands the notice and advice provided pursuant to this subsection; and 

(6) provide each applicant or recipient who fails a drug test information regarding substance abuse, substance abuse counseling, and substance abuse treatment options, including a list of substance abuse treatment programs that may be available to the individual. 

(C)(1) An applicant or recipient who undergoes a drug test pursuant to this section and tests positive for use of a controlled substance in violation of state or federal law is ineligible to receive FI benefits for one year from the date of the positive drug test, except as provided in items (2) and (3). The individual may reapply after one year. However, if the individual has a subsequent positive drug test, the individual is ineligible for FI benefits for three years from the date of the subsequent positive drug test, except as provided in items (2) and (3). 

(2) An applicant or recipient deemed ineligible pursuant to item (1) may reapply for FI benefits after the expiration of thirty days from the date of the positive drug test if the individual can document either the successful completion of or the current satisfactory participation in a substance abuse treatment program offered by a provider pursuant to subsection (E). The applicant or recipient who reapplies for FI benefits after successful completion of a substance abuse program must pass a drug test. The cost of any drug testing and substance abuse program provided pursuant to subsection (E) is the responsibility of the individual being teste