S-3166

   Amend Senate File 505 as follows:
   1.  Page 119, after line 25 by inserting: 

<DIVISION ___
DRUG TESTING —— FAMILY INVESTMENT PROGRAM
   Sec. ___.  NEW SECTION.  239B.2D  Drug testing for applicants.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Confirmed positive test result” means the results of a urine, oral fluid, or blood test in which the level of controlled substances or their metabolites in the sample analyzed meets or exceeds nationally accepted standards for determining detectable levels of controlled substances as adopted by the federal substance abuse and mental health services administration. If nationally accepted standards for oral fluid tests have not been adopted by the federal substance abuse and mental health services administration, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result shall be the same standard that has been established by the federal food and drug administration for the measuring instrument used to perform the oral fluid test.
   b.  “Licensed substance abuse treatment program” means an inpatient or outpatient substance abuse treatment program licensed by the department of public health under chapter 125.
   c.  “Sample” means a sample from the human body capable of revealing the presence of controlled substances, or their metabolites, which shall include only urine, saliva, or blood.
   2.  a.  The drug testing requirements of this section apply to the following applicants for and recipients of assistance under this chapter:
   (1)  Each adult parent, guardian, or specified relative who is included in the applicant family, including both parents of a two-parent family, or an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity requirements under the PROMISE JOBS program.
   (2)  A minor parent who is not required to live with a parent, guardian, or other adult caretaker in accordance with this chapter.
   (3)  A recipient of assistance who provided a written acknowledgment of the drug testing requirements of this section at the time of application for assistance and for whom there is reasonable suspicion that the recipient uses or is under the influence of a controlled substance, as determined by the department, shall be subject to random drug testing.
   b.  Dependent children under the age of eighteen years are exempt from the drug testing requirements of this section.
   c.  The department shall require a drug test that is similar to a drug test as a condition of employment under section 730.5 to screen the persons subject to this section for the presence of controlled substances. 
   d.  If a person has a confirmed positive test result, the person shall be responsible for the cost of the person’s drug test. If a person does not have a confirmed positive test result, the state shall be responsible for the cost of the person’s drug test.
   3.  a.  A person who is subject to this section is ineligible to receive assistance under this chapter if the person does not participate in the required drug testing.
   b.  A person who is subject to this section is ineligible to receive assistance under this chapter if the person has a confirmed positive test result for the presence of either of the following:
   (1)  A substance listed in schedule I under section 124.204.
   (2)  A substance listed in schedule II, III, or IV under chapter 124 that was not prescribed for the person.
   c.  The period of ineligibility for an applicant or recipient who is ineligible for assistance under paragraph “b” is one year after the date of the confirmed positive test result.
   4.  The department shall do all of the following in implementing this section:
   a.  (1)  Provide notice of drug testing to each person who is subject to this section at the time of application. The notice must advise the person that drug testing will be conducted as a condition for receiving assistance under this chapter and that the person must bear the cost of testing. The applicant shall be advised that the required drug testing may be avoided if the applicant does not complete or withdraws the application for assistance.
   (2)  Advise each person to be tested, before the test is conducted, that the person may, but is not required to, inform the agent administering the test of any prescription or over-the-counter medication the person is taking.
   (3)  Require each person to be tested to sign a written acknowledgment that the person has received and understood the notice and advice provided under this paragraph “a”.
   b.  Assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the department’s need to ensure the reliability of the sample.
   c.  Specify circumstances under which a person with a confirmed positive test result has the right to take one or more additional tests.
   d.  Inform a person who has a confirmed positive test result and is deemed ineligible for assistance that the person may not reapply for assistance until one year after the date of the confirmed positive test result unless the person meets the requirements of paragraph “f”. If the person has a subsequent confirmed positive test result, the person shall be ineligible to receive assistance for three years after the date of the subsequent result unless the person meets the requirements of paragraph “f”.
   e.  Provide any person with a confirmed positive test result with a list of licensed substance abuse treatment programs available in the area in which the person resides. Neither the department nor the state is responsible for providing or paying for substance abuse treatment as part of the drug testing conducted under this section.
   f.  A person with a confirmed positive test result who is denied assistance under this chapter may reapply for assistance after six months if the person can document the successful completion of a licensed substance abuse treatment program. A person who has met the requirements of this paragraph and reapplies for assistance must also pass the initial drug test required under subsection 2. Any drug test conducted while the person is undergoing substance abuse treatment must meet the requirements for a drug test under subsection 2. The cost of any drug testing or substance abuse treatment provided under this subsection shall be the responsibility of the person being tested or receiving treatment. A person with a confirmed positive test result from the drug test required under subsection 2 may reapply for assistance under this paragraph only once.
   5.  If an applicant or recipient parent is deemed ineligible for assistance as a result of having a confirmed positive test result from a drug test conducted under this section, all of the following apply:
   a.  The eligibility of the applicant’s or recipient’s dependent child for assistance is not affected.
   b.  An appropriate protective payee shall be designated to receive assistance on behalf of the dependent child. The parent may choose to designate an individual as the protective payee. The individual designated by the parent as the protective payee must be a specified relative or other immediate family member unless such family member is not available or the family member declines the designation. In which case another individual, approved by the department, shall be designated as the protective payee. The individual must also undergo drug testing before being approved to be the protective payee. If the designated individual has a confirmed positive test result, the designated individual shall be ineligible to be the protective payee.
   6.  The department shall adopt rules to implement this section.>
   2.  By renumbering as necessary.

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BILL ANDERSON

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JERRY BEHN

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RICK BERTRAND

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MICHAEL BREITBACH

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JAKE CHAPMAN

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MARK CHELGREN

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MARK COSTELLO

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BILL DIX

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RANDY FEENSTRA

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JULIAN GARRETT

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DENNIS GUTH

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DAVID JOHNSON

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TIM L. KAPUCIAN

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KEN ROZENBOOM

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CHARLES SCHNEIDER

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JASON SCHULTZ

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MARK SEGEBART

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TOM SHIPLEY

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AMY SINCLAIR

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ROBY SMITH

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 JACK WHITVER

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 BRAD ZAUN

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 DAN ZUMBACH