Senate File 2336 S-5203 Amend Senate File 2336 as follows: 1 1. Page 78, after line 24 by inserting: 2 < Sec. ___. NEW SECTION . 239B.2C Substance abuse 3 screening. 4 1. For the purposes of this section, unless the 5 context otherwise requires, “substance abuse screening 6 program” or “screening program” means the substance 7 abuse screening program administered pursuant to this 8 section. 9 2. The substance abuse screening program 10 requirements of this section apply to the following 11 applicants for assistance under this chapter: 12 a. Each adult parent, guardian, or specified 13 relative who is included in the applicant family, 14 including both parents of a two-parent family, or 15 an individual who may be exempt from work activity 16 requirements due to the age of the youngest child or 17 who may be exempt from work activity requirements under 18 the PROMISE JOBS program. 19 b. A minor parent who is not required to live 20 with a parent, guardian, or other adult caretaker in 21 accordance with this chapter. 22 3. As a condition of eligibility for an applicant 23 who is subject to this section to participate in the 24 family investment program, the applicant shall, if not 25 otherwise prohibited by state or federal law, agree to 26 participate in the substance abuse screening program. 27 4. The department shall design and implement a 28 substance abuse screening program for applicants who 29 are subject to this section. To the extent authorized 30 under applicable federal requirements, the screening 31 program shall include but is not limited to all of the 32 following elements: 33 a. Random drug testing of a percentage of the 34 applicants. Such testing shall be conducted on an 35 applicant’s blood or urine for the presence of a 36 controlled substance. However, if the information 37 available in regard to a specific applicant indicates 38 there is a strong likelihood that the applicant is 39 using a controlled substance, such testing may be 40 required. 41 b. Assure each applicant being drug tested a 42 reasonable degree of dignity while producing and 43 submitting a sample for drug testing, consistent with 44 the department’s need to ensure the reliability of the 45 sample. 46 c. The results of the blood or urine testing shall 47 not be admissible in any criminal proceeding without 48 the consent of the person subject to the testing. 49 d. Provision for the cost of the blood or urine 50 -1- SF2336.5831 (1) 84 jp/pf 1/ 3 #1.

testing under the screening program to be paid by the 1 applicant. 2 e. Provide any applicant who tests positive in a 3 drug test under the screening program with a list of 4 licensed substance abuse treatment programs available 5 in the area in which the applicant resides. Neither 6 the department nor the state is not responsible for 7 providing or paying for substance abuse treatment as 8 part of the screening conducted under this section. 9 f. An applicant with a positive drug test result 10 who is denied assistance under this chapter may 11 reapply for assistance at any time if the individual 12 can document the successful completion of a licensed 13 substance abuse treatment program. An applicant 14 who has met the requirements of this paragraph 15 and reapplies for assistance must also pass a drug 16 test under the screening program in order for the 17 application to be approved. Any drug test conducted 18 while the individual is undergoing substance abuse 19 treatment must meet the requirements for a drug test 20 under the screening program. The cost of any drug 21 testing or substance abuse treatment provided under 22 this subsection shall be the responsibility of the 23 individual being tested or receiving treatment. 24 g. Other design, operation, and standards 25 provisions adopted in rule to ensure the screening 26 program is implemented in a fair and economical manner. 27 5. An adult applicant is not eligible to 28 participate in the family investment program if any of 29 the following is applicable: 30 a. The applicant does not agree to participate in 31 the substance abuse screening program. 32 b. The applicant tests positive in a blood or urine 33 drug test administered under the screening program for 34 the presence of either of the following: 35 (1) A substance listed in schedule I under section 36 124.204. 37 (2) A substance listed in schedule II, III, or 38 IV under chapter 124 that was not prescribed for the 39 applicant or participant. 40 6. If an applicant parent is deemed ineligible for 41 assistance as a result of having a positive test result 42 from a drug test conducted under the screening program, 43 all of the following apply: 44 a. The eligibility of the applicant’s dependent 45 child for assistance is not affected. 46 b. An appropriate protective payee shall be 47 designated to receive assistance on behalf of the 48 dependent child. The applicant parent may choose 49 to designate an individual as the protective payee. 50 -2- SF2336.5831 (1) 84 jp/pf 2/ 3

The individual designated by the applicant parent 1 as the protective payee must be a specified relative 2 or other immediate family member unless such family 3 member is not available or the family member declines 4 the designation. In which case another individual, 5 approved by the department, shall be designated as the 6 protective payee. The individual must also participate 7 in the screening program before being approved to be 8 the protective payee. If the designated individual has 9 a positive test result, the designated individual shall 10 be ineligible to be the protective payee. 11 7. The department shall adopt rules to implement 12 this section. > 13 2. By renumbering as necessary. 14 ______________________________ MARK CHELGREN -3- SF2336.5831 (1) 84 jp/pf 3/ 3 #2.