SB835: TANF; assistance when convicted of drug-related felony, ineligible if fail or refuse drug testing.


SENATE BILL NO. 835
Senate Amendments in [ ] -- January 31, 2013
A BILL to amend the Code of Virginia by adding a section numbered 63.2-607.1, relating to TANF eligibility; drug-related felonies.
Patron Prior to Engrossment--Senator Favola

Referred to Committee on Rehabilitation and Social Services

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 63.2-607.1 as follows:

§ 63.2-607.1. Eligibility for TANF; drug-related felonies.

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of § 115(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of § 18.2-250, provided such person complies with, or has already complied with, all obligations imposed by the criminal court and the Department; is actively engaged in or has completed a substance abuse treatment program; and participates in periodic drug screenings.  [ A person who fails or refuses to participate in periodic drug testing or tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, an individual shall have one opportunity to comply with the testing requirement and be reinstated to eligibility for TANF benefits during the 12-month period following the date of his failure or refusal to participate in a drug test or testing positive for the use of illegal substances.  ]

 [ 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law.  ]

SENATE BILL NO. 835

Offered January 9, 2013
Prefiled December 28, 2012
A BILL to amend the Code of Virginia by adding a section numbered 63.2-607.1, relating to TANF eligibility; drug-related felonies.
Patron-- Favola

Referred to Committee on Rehabilitation and Social Services

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 63.2-607.1 as follows:

63.2-607.1. Eligibility for TANF; drug-related felonies.

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of 115(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of 18.2-250, provided such person complies with, or has already complied with, all obligations imposed by the criminal court and the Department; is actively engaged in or has completed a substance abuse treatment program; and participates in periodic drug screenings.