House File 2250 - Introduced HOUSE FILE 2250 BY SCHUELLER , DE BOEF , STRUYK , WINDSCHITL , DOLECHECK , LUKAN , SORENSON , KOESTER , SCHULTZ , SODERBERG , PETTENGILL , KAUFMANN , ALONS , MAY , SANDS , and ROBERTS A BILL FOR An Act requiring random drug testing for recipients of certain 1 public benefits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5028YH (5) 83 ec/sc

H.F. 2250 Section 1. Section 96.5, Code 2009, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 11. Drug testing. If, pursuant to section 3 96.5A, the department determines that an individual receiving 4 benefits has a confirmed positive test result for a drug 5 that was not lawfully prescribed for the person. The period 6 of ineligibility shall continue until the individual has a 7 negative test result for the drug for which the individual had 8 a confirmed positive test result. 9 Sec. 2. NEW SECTION . 96.5A Drug testing. 10 1. For the purposes of this section, unless the context 11 otherwise requires, “drug” means the same as defined in section 12 730.5. 13 2. As a condition of eligibility for an individual seeking 14 benefits under this chapter, the individual shall agree to 15 participate in drug testing in accordance with this section. 16 3. The department shall implement a program of drug testing 17 of persons subject to subsection 2. The program shall include 18 but is not limited to all of the following: 19 a. Random drug testing of individuals receiving benefits. 20 b. Drug testing of individuals applying for benefits. 21 c. Drug testing shall include confirmation of any 22 initial positive test results. Any confirmatory test shall 23 be performed using a chromatographic technique such as gas 24 chromatography/mass spectrometry, or another comparably 25 reliable analytical method. 26 4. An individual subject to the provisions of subsection 2 27 who has a confirmed positive test result for a drug that was 28 not lawfully prescribed for the individual shall be ineligible 29 for benefits pursuant to section 96.5, subsection 11. The 30 period of ineligibility shall continue until the individual has 31 a negative test result for the drug for which the individual 32 had a confirmed positive test result. 33 5. An individual’s positive test result obtained under this 34 section shall not be used as evidence in any criminal action 35 -1- LSB 5028YH (5) 83 ec/sc 1/ 4

H.F. 2250 involving the individual. 1 6. The department shall adopt rules to administer this 2 section. The rules shall include but are not limited to 3 procedures for conducting drug tests, which shall be consistent 4 with the requirements for drug testing provided in section 5 730.5, and such other procedures to administer this section in 6 a fair and reliable manner. 7 Sec. 3. NEW SECTION . 239B.2C Drug testing. 8 1. For the purposes of this section, unless the context 9 otherwise requires, “drug” means the same as defined in section 10 730.5. 11 2. As a condition of eligibility for an applicant or 12 participant under this chapter, a child’s parent or other 13 specified relative whose needs are included in the cash 14 assistance grant payable to the child’s family shall agree to 15 participate in drug testing in accordance with this section. 16 3. The department shall implement a program of drug testing 17 of persons subject to subsection 2. The program shall include 18 but is not limited to all of the following: 19 a. Random drug testing of existing participants. 20 b. Drug testing of all applicants. 21 c. Drug testing shall include confirmation of any 22 initial positive test results. Any confirmatory test shall 23 be performed using a chromatographic technique such as gas 24 chromatography/mass spectrometry, or another comparably 25 reliable analytical method. 26 4. An applicant or participant subject to the provisions 27 of subsection 2 who has a confirmed positive test result for 28 a drug that was not lawfully prescribed for the person shall 29 be ineligible for assistance. The period of ineligibility 30 applicable to a person shall continue until the person has a 31 negative test result for the drug for which the person had a 32 confirmed positive test result. 33 5. A person’s positive test result obtained under this 34 section shall not be used as evidence in any criminal action 35 -2- LSB 5028YH (5) 83 ec/sc 2/ 4

H.F. 2250 involving the person. 1 6. The department shall adopt rules to administer this 2 section. The rules shall include but are not limited to 3 procedures for conducting drug tests, which shall be consistent 4 with the requirements for drug testing provided in section 5 730.5, and such other procedures to administer this section in 6 a fair and reliable manner. 7 EXPLANATION 8 This bill establishes a requirement for participation 9 in drug testing for individuals receiving unemployment 10 compensation benefits and for persons seeking eligibility for 11 the family investment program (FIP). 12 For both programs, the bill defines the term “drug” as 13 having the same meaning as the definition in Code section 14 730.5, relating to private sector drug-free workplaces, which 15 is any drug on schedules I through V of the federal Controlled 16 Substances Act. In addition, the bill provides that the drug 17 testing procedures for both programs shall be consistent with 18 the drug testing requirements provided in Code section 730.5 19 concerning private sector workplaces. 20 New Code section 96.5A establishes a drug testing 21 requirement for individuals receiving and applying for 22 unemployment compensation benefits. Code section 96.5 is 23 amended to provide that an individual is disqualified for 24 unemployment compensation benefits if the individual has a 25 confirmed positive drug test which disqualification shall 26 continue until the individual has a negative test result for 27 that drug. 28 New Code section 239B.2C establishes a drug testing 29 requirement for FIP applicants and participants who are a 30 child’s parent or other specified relative whose needs are 31 included in the program’s cash assistance grant payable to the 32 child’s family. If an applicant or participant subject to the 33 new section’s requirements has a confirmed positive test result 34 for a drug that was not lawfully prescribed for the person, 35 -3- LSB 5028YH (5) 83 ec/sc 3/ 4

H.F. 2250 the applicant or participant is ineligible for FIP assistance. 1 The period of ineligibility continues until the person has a 2 negative test result for the drug for which the person had a 3 confirmed positive test result. 4 The department of workforce development, for purposes 5 of unemployment compensation, and the department of human 6 services, for purposes of the FIP, are to implement a drug 7 testing program for the persons subject to the eligibility 8 requirement. The program is to include random drug testing 9 of participants and drug testing of all applicants. Drug 10 testing includes confirmation of any positive result with a 11 chromatographic/mass spectrometry technique or comparable 12 method. 13 The bill prohibits a person’s positive test result obtained 14 under the bill’s provisions from being used as evidence in any 15 criminal action involving the person. 16 Each department is directed to adopt rules to administer the 17 provisions of the bill. 18 -4- LSB 5028YH (5) 83 ec/sc 4/ 4