HB 861 would require applicants for Temporary Assistance for Needy Families (TANF) to take and pass a drug test in order to qualify for benefits. The person applying for benefits would be responsible for the cost of the drug test.

The state would provide the applicants with a list of approved substance abuse treatment programs. The cost of a substance abuse treatment program would not be paid for by the state. If an applicant fails a drug test three times, they are ineligible to receive TANF benefits for three years. Such an applicant would be required to complete an approved substance abuse treatment program.

The results of the drug tests would not be required to be released under the Open Records Law.  This bill was signed by the Governor on April 16, 2012.