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H0629aa....................................................by STATE AFFAIRS
TEMPORARY ASSISTANCE TO FAMILIES IN IDAHO - Adds to existing law to require
substance abuse screening for applicants or participants in the Temporary
Assistance to Families in Idaho program; to provide application to
children; and to provide referral for treatment.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Health/Wel
02/23 Rpt out - ref'd to St Aff
02/29 Rpt out - rec d/p - to 2nd rdg
To Gen Ord
03/03 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 66-4-0
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Hansen(29), McKague, Ringo, Trail
Absent and excused -- None
Floor Sponsor - Callister
Title apvd - to Senate
03/14 Senate intro - 1st rdg as amen - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg as amen
03/21 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 19-14-2
AYES--Andreason, Branch, Bunderson, Burtenshaw, Darrington, Davis,
Deide, Geddes, Hawkins, Ipsen, Lee, Parry, Richardson, Riggs, Risch,
Sandy, Thorne, Wheeler, Williams Total
NAYS--Boatright, Cameron, Crow, Danielson, Frasure, Ingram, Keough,
King-Barrutia, McLaughlin, Noh, Schroeder, Stegner, Stennett,
Whitworth
Absent and excused--Dunklin, Sorensen
Floor Sponsor - Ipsen
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed - Pres signed
04/05 To Governor
04/17 Governor signed
Session Law Chapter 467
Effective: 07/01/00
H0629
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 629, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO TEMPORARY ASSISTANCE FOR FAMILIES IN IDAHO; AMENDING CHAPTER 2,
3 TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-209i, IDAHO
4 CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE FINDINGS; AMENDING CHAPTER 2,
5 TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-209j, IDAHO
6 CODE, TO PROVIDE FOR SUBSTANCE ABUSE SCREENING AND TESTING AND TO GOVERN
7 PROCEDURE; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF A
8 NEW SECTION 56-209k, IDAHO CODE, TO SPECIFY APPLICATION TO CHILDREN; AND
9 AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
10 56-209l, IDAHO CODE, TO PROVIDE TREATMENT REQUIREMENTS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 2, Title 56, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 56-209i, Idaho Code, and to read as follows:
15 56-209i. LEGISLATIVE FINDINGS. It is the intent of the legislature that
16 the provisions of this act enhance the employability of participants in the
17 temporary assistance for families in Idaho (TAFI) programs through substance
18 abuse screening and, where appropriate, testing and treatment. The legislature
19 finds that a significant number of employers use preemployment drug testing.
20 Substance abuse adds to the difficulties such individuals have in securing
21 employment. The legislature also finds that substance abuse in and of itself
22 impairs personal responsibility and self-sufficiency and stands in the way of
23 the very intent of the TAFI program to care for the health and welfare of cer-
24 tain qualified recipients and in so doing results in welfare costs that burden
25 the state's taxpayers. The legislature further finds that substance abuse
26 adversely affects a significant portion of the workforce, which results in
27 billions of dollars of lost productivity each year and poses a threat to the
28 safety of the workplace and to the public safety and security. In balancing
29 the interests of taxpayers, participants in the TAFI program and potential
30 employers against the interests of those who will be screened and tested under
31 this act, the legislature finds that screening, testing and treatment as pro-
32 vided for in this act are in the greater interests of all concerned.
33 SECTION 2. That Chapter 2, Title 56, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 56-209j, Idaho Code, and to read as follows:
36 56-209j. SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS. (1) The depart-
37 ment of health and welfare shall develop for implementation in fiscal year
38 2001, a program to screen each applicant who is otherwise eligible for tempo-
39 rary cash assistance provided under this chapter, and to subject to testing
40 any applicant or participant who the department has reasonable suspicion to
41 believe, based on the screening or other factors, is at risk of substance
2
1 abuse.
2 (2) Prior to the first regular session of the fifty-sixth Idaho legisla-
3 ture, the department shall promulgate the necessary rules, pursuant to chapter
4 52, title 67, Idaho Code, to govern substance abuse screening and testing for
5 TAFI programs. Rules shall, at a minimum:
6 (a) Specifically address the confidentiality of the screening and test
7 results, and provide that individual results are protected under section
8 9-340C(6), Idaho Code, and are not subject to disclosure except to an
9 evaluating or treating substance abuse program, and cannot be released for
10 use in any criminal investigation or proceeding;
11 (b) Provide notice of screening and testing requirements to each appli-
12 cant at the time of application. The notice must, at a minimum, advise the
13 applicant that substance abuse screening and possible testing will be con-
14 ducted as a condition for receiving temporary assistance or services under
15 this chapter. The applicant shall be advised that the required screening
16 and possible testing may be avoided if the applicant does not apply for or
17 receive assistance or services. The screening and testing program is not
18 applicable in child only cases;
19 (c) Develop procedures for substance abuse screening and testing of
20 applicants for and recipients of temporary assistance or services under
21 the TAFI program;
22 (d) Provide a procedure to advise each person to be tested, before the
23 test is conducted, that he or she may, but is not required to, advise the
24 agent administering the test of any prescription or over-the-counter medi-
25 cation he or she is taking;
26 (e) Require each person to be tested to sign a written acknowledgment
27 that he or she has received and understood the notice and advice provided
28 under paragraphs (a) and (d) of this subsection;
29 (f) Provide a procedure to assure each person being tested a reasonable
30 degree of dignity while producing and submitting a sample for drug test-
31 ing, consistent with the state's need to ensure the reliability of the
32 sample;
33 (g) Specify circumstances under which a person who tests positive has the
34 right to take one (1) or more additional tests;
35 (h) Provide a procedure for appealing the results of a test by a person
36 who tests positive, and denial of TAFI services or benefits;
37 (i) Provide a definition for reasonable suspicion and high risk;
38 (j) Delineate the substances which will be screened;
39 (k) Establish outcome measures which can substantiate program effective-
40 ness.
41 SECTION 3. That Chapter 2, Title 56, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
43 ignated as Section 56-209k, Idaho Code, and to read as follows:
44 56-209k. CHILDREN. If a parent is deemed ineligible for cash assistance
45 due to the operation of this act, his or her dependent child's eligibility for
46 cash assistance is not affected.
47 If a parent is deemed ineligible for cash assistance due to the operation
48 of this act, an appropriate protective payee may be established for the bene-
49 fit of the child.
50 If the parent refuses to cooperate in establishing an appropriate protec-
51 tive payee for the child, the department may appoint one.
52 SECTION 4. That Chapter 2, Title 56, Idaho Code, be, and the same is
3
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 56-209l, Idaho Code, and to read as follows:
3 56-209l. TREATMENT PROVISIONS. The department shall refer for appropriate
4 evaluation and provide for the treatment of any applicant or participant who,
5 in the reasonable suspicion of the department, is engaged in substance abuse.
6 Treatment shall be community-based and gender-specific. The department shall
7 provide for the transportation and child care needs of the applicant if neces-
8 sary. TAFI benefits or services may be denied to any applicant or participant
9 who refuses to cooperate with reasonable screening, testing or treatment
10 requests, or who, based on a preponderance of the evidence, engages in sub-
11 stance abuse following treatment. Any individual referred to treatment shall
12 be notified of the local treatment programs appropriate to that person's
13 needs.
AH0629
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Callister
Seconded by Henbest
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 629
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 2, delete "second" and insert:
3 "first" and also in line 2, delete "fifth" and insert: "sixth"; in line 36,
4 delete "." and insert: ", and denial of TAFI services or benefits;"; and fol-
5 lowing line 36, insert:
6 "(i) Provide a definition for reasonable suspicion and high risk;
7 (j) Delineate the substances which will be screened;
8 (k) Establish outcome measures which can substantiate program effective-
9 ness.".
10 AMENDMENTS TO SECTION 4
11 On page 3, in line 1, following "evaluation" delete "or" and insert: "and
12 provide for the", and also in line 1, following "treatment" insert: "of"; in
13 line 2, delete "at high risk of" and insert: "engaged in"; and also in line 2,
14 following "abuse." insert: "Treatment shall be community-based and gender-
15 specific. The department shall provide for the transportation and child care
16 needs of the applicant if necessary.".
STATEMENT OF PURPOSE
RS09988
To set rules for substance abuse screening and treatment for recipients of the
temporary assistance for families program.
FISCAL IMPACT
The Dept. of Health and Welfare estimates the annual expenditure for this
screening and assessment to be approximately $20,000. The Department also has
$500,000 in Federal funds available for this program.
Contact
Name: Representative David Callister
Phone: 322-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 629