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2013 SESSION
13100684DBe 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. ]