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H0300aa....................................................by STATE AFFAIRS
PUBLIC ASSISTANCE - DRUG SCREENING - Adds to existing law to direct the
Department of Health and Welfare to develop a program to provide drug
screening and testing for applicants who are otherwise eligible to receive
temporary cash assistance; to govern the procedures to be used; to make
special provisions for application to children; and to specify treatment.
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to St Aff
03/03 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 56-13-1
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hornbeck, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Meyer,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Taylor, Tilman,
Tippets, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Boe, Chase, Hansen(29), Henbest, Jaquet, Jones, Marley,
McKague, Montgomery, Ridinger, Ringo, Stoicheff, Watson
Absent and excused -- Trail
Floor Sponsor - Callister
Title apvd - to Senate
03/10 Senate intro - 1st rdg as amen - to Health/Wel
H0300|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 300, 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 DRUG SCREENING AND TESTING AND TO GOVERN PROCEDURE; 7 AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 8 56-209k, IDAHO CODE, TO SPECIFY APPLICATION TO CHILDREN; AND AMENDING 9 CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-209l, 10 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 14 known and designated 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 drug 18 screening and treatment. The legislature finds that a significant number of 19 employers use preemployment drug testing. The legislature also finds that drug 20 use in and of itself stands in the way of the very intent of the TAFI program 21 to care for the health and welfare of certain qualified recipients and to pro- 22 mote personal responsibility and self-sufficiency and in so doing results in 23 welfare costs that burden the state's taxpayers. The legislature further finds 24 that drug use adversely affects a significant portion of the workforce which 25 results in billions of dollars of lost productivity each year and poses a 26 threat to the safety of the workplace and to the public safety and security. 27 In balancing the interests of taxpayers, participants in the TAFI program and 28 potential employers against the interests of those who will be screened and 29 tested under this act, the legislature finds that drug screening, testing, and 30 treatment as provided for in this act are in the greater interests of all con- 31 cerned. 32 SECTION 2. That Chapter 2, Title 56, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION , to be 34 known and designated as Section 56-209j, Idaho Code, and to read as follows: 35 56-209j. DRUG SCREENING AND TESTING PROGRAMS -- PROCEDURES. (1) The 36 department of health and welfare shall develop for implementation in fiscal 37 year 2001, a program to screen and test each applicant who is otherwise eligi- 38 ble for temporary cash assistance provided under this chapter and who the 39 department has reasonable cause to believe, based on the screening, engages in 40 illegal use of controlled substances. 41 (2) Prior to the second regular session of the fifty-fifth Idaho legisla- 2 1 ture, the department shall promulgate the necessary procedure and adopt appro- 2 priate rules, pursuant to chapter 52, title 67, Idaho Code, to govern pre- 3 application drug screening and testing. Rules shall: 4 (a) Specifically address the confidentiality of the test and test 5 results, and provide that individual test results are not subject to dis- 6 closure and cannot be used in a criminal investigation. 7 (b) Provide notice of drug screening and the potential for possible drug 8 testing to each applicant at the time of application. The notice must 9 advise the applicant that drug screening and possible drug testing will be 10 conducted as a condition for receiving temporary assistance or services 11 under this chapter. The applicant shall be advised that the required drug 12 screening and possible drug testing may be avoided if the applicant does 13 not apply for or receive assistance or services. The drug screening and 14 testing program is not applicable in child only cases. 15 (c) Develop a procedure for drug screening and conducting drug testing of 16 applicants for temporary assistance or services under the TAFI program. 17 (d) Provide a procedure to advise each person to be tested, before the 18 test is conducted, that he or she may, but is not required to, advise the 19 agent administering the test of any prescription or over-the-counter medi- 20 cation he or she is taking. 21 (e) Require each person to be tested to sign a written acknowledgment 22 that he or she has received and understood the notice and advice provided 23 under paragraphs (a) and (c) of this subsection. 24 (f) Provide a procedure to assure each person being tested a reasonable 25 degree of dignity while producing and submitting a sample for drug test- 26 ing, consistent with the state's need to ensure the reliability of the 27 sample. 28 (g) Specify circumstances under which a person who fails a drug test has 29 the right to take one (1) or more additional tests. 30 (h) Provide a procedure for appealing the results of a drug test by a 31 person who fails a test. 32 (i) Notify each person who fails a drug test of the local substance abuse 33 treatment programs that may be available to such person. 34 SECTION 3. That Chapter 2, Title 56, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION , to be 36 known and designated as Section 56-209k, Idaho Code, and to read as follows: 37 56-209k. CHILDREN. If a parent is deemed ineligible for cash assistance 38 due to the failure of a drug test under this act, his or her dependent child's 39 eligibility for cash assistance is not affected. 40 If a parent is deemed ineligible for cash assistance due to the failure of 41 a drug test, an appropriate protective payee may be established for the bene- 42 fit of the child. 43 If the parent refuses to cooperate in establishing an appropriate protec- 44 tive payee for the child, the department shall appoint one. 45 SECTION 4. That Chapter 2, Title 56, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION , to be 47 known and designated as Section 56-209l, Idaho Code, and to read as follows: 48 56-209l. TREATMENT PROVISIONS. The department shall refer an applicant 49 who fails a drug test conducted under this act but who would otherwise be eli- 50 gible to receive assistance under the TAFI program to an appropriate treatment 51 program. The department shall provide for a retest at the end of the treat- 3 1 ment period. Failure to pass the retest will result in the termination of tem- 2 porary assistance services provided under this chapter and the right to appeal 3 the termination.
AH0300|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ellsworth Seconded by Callister IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 300 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 19, following "testing" delete the 3 remainder of the line, delete all of lines 20, 21, 22 and in line 23, delete 4 "securing employment".
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STATEMENT OF PURPOSE
RS09116C1
To provide for drug screening and testing in the (TAFI) program and to
provide procedure.
FISCAL NOTE
No cost to the department for FY 2000 other than the cost of generating
rules. During FY 2001 approximately $200,000 for drug screening and testing.
CONTACT: Rep. Callister
Rep. Dan Mader
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 300aa