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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
|||| 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.
|||| 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