MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Formby

AN ACT TO REQUIRE RANDOM DRUG TESTING FOR ANY PERSON RECEIVING AFDC; TO PROVIDE THAT ANY SUCH PERSON WHOSE TEST RESULTS ARE POSITIVE REGARDING THE PRESENCE OF ANY UNLAWFUL DRUG IN THE PERSON'S SYSTEM SHALL BE INELIGIBLE TO RECEIVE AFDC; TO AMEND SECTION 43-17-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any person receiving Aid to Families with Dependent Children (AFDC) benefits shall be required to submit to random drug testing to determine whether any unlawful drug is present in the system of the person. The State Department of Human Services in conjunction with the Bureau of Narcotics and the State Board of Health, shall establish and administer a testing program with such standards and procedures deemed necessary to accomplish the requirements of this section. The testing program will be funded with money appropriated by the Legislature to the agencies mentioned in the preceding sentence for that purpose.

(2) All testing required under this section shall be performed at the Mississippi Crime Laboratory or at a laboratory approved by the Director of the Mississippi Crime Laboratory.

(3) Any person receiving AFDC benefits whose test results are positive regarding the presence of any unlawful drug(s) in the person's system shall be ineligible to receive the benefits.

(4) Any person receiving AFDC benefits who refuses to submit to a random drug test shall be ineligible to receive such benefits.

SECTION 2. Section 43-17-1, Mississippi Code of 1972, is amended as follows:

43-17-1. Assistance may be granted under this chapter to any dependent child and a caretaker relative who are living in a suitable family home meeting the standards of care and health fixed by the laws of this state, and the rules and regulations of the State Department of Human Services. However, the eligibility for assistance of any child or caretaker relative to whom Sections 43-49-8 through 43-49-11, applies shall be determined under the applicable standards of the appropriate section, and any applicant who fails to comply with that section shall be suspended until such time as the eligibility requirements are met. Any person who is determined to be ineligible under subsection (3) or (4) of Section 1 of this act shall be ineligible for assistance under this chapter.

SECTION 3. The provisions of this act shall be implemented after the date that the State Department of Human Services has received all federal waivers that are necessary to implement the provisions of this act from the United States Department of Health and Human Services.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.