H.F. 2036 Section 1. NEW SECTION . 239B.2C Applicant drug testing. 1 1. If an applicant has been convicted of an offense 2 involving the manufacture, delivery, or possession of a 3 controlled substance, or possession with the intent to 4 manufacture or deliver, or any other offense involving a 5 controlled substance under federal law or under chapter 124, 6 124A, 124B, or 453B, during the two-year period preceding the 7 date of application, the applicant shall be subject to drug 8 testing in accordance with this section as a condition of 9 eligibility for assistance. 10 2. The department shall design and implement a drug testing 11 program for applicants who are subject to drug testing under 12 this section. To the extent authorized under applicable 13 federal requirements, the program shall include but is not 14 limited to all of the following elements: 15 a. A blood or urine drug test is performed prior to the 16 applicant’s initial receipt of public assistance. 17 b. The results of the blood or urine drug test shall not be 18 admissible in any criminal proceeding without the consent of 19 the person subject to the test. 20 c. An applicant who has a confirmed positive drug test 21 result is ineligible for assistance and shall be prohibited 22 from reapplying for assistance until one year after the date 23 of the confirmed positive drug test result. An applicant who 24 reapplies after having a confirmed positive drug test result is 25 subject to a drug test at the time of reapplication. 26 d. Other design, operation, and standards provisions adopted 27 in rule to ensure the program is implemented in a fair and 28 economical manner. 29 3. An applicant shall be ineligible for assistance if any 30 of the following is applicable: 31 a. The applicant does not participate in the drug testing 32 program. 33 b. The applicant has a confirmed positive drug test result 34 for the presence of either of the following: 35 -1- LSB 5142YH (4) 84 jp/nh 1/ 4

H.F. 2036 (1) A substance listed in schedule I under section 124.204. 1 (2) A substance listed in schedule II, III, or IV under 2 chapter 124 that was not prescribed for the applicant. 3 4. If an applicant parent is deemed ineligible for 4 assistance as a result of having a confirmed positive drug 5 test result from a drug test conducted under the drug testing 6 program, all of the following apply: 7 a. The eligibility of the applicant’s dependent child for 8 assistance is not affected. 9 b. An appropriate protective payee shall be designated 10 to receive assistance on behalf of the dependent child. The 11 applicant parent may choose to designate an individual as the 12 protective payee. The individual designated by the applicant 13 parent as the protective payee must be a specified relative 14 or other immediate family member unless such family member is 15 not available or the family member declines the designation. 16 In which case another individual, approved by the department, 17 shall be designated as the protective payee. A designated 18 individual who has been convicted of a controlled substance 19 offense is subject to the drug testing program under the same 20 requirements as an applicant before being approved to be the 21 protective payee. If the designated individual has a confirmed 22 positive drug test result, the designated individual shall be 23 ineligible to be the protective payee. 24 5. The department shall adopt rules to implement this 25 section. 26 EXPLANATION 27 This bill requires certain applicants for the family 28 investment program (FIP) administered by the department of 29 human services to participate in a drug testing program. The 30 FIP program provides cash assistance and employment-related 31 services to low-income families with children under the federal 32 temporary assistance for needy families (TANF) block grant. 33 The bill utilizes the following terms that are defined in 34 Code section 239B.1: 35 -2- LSB 5142YH (4) 84 jp/nh 2/ 4

H.F. 2036 “Applicant” means a person who files an application for 1 participation in FIP under Code chapter 239B. 2 “Assistance” means a FIP payment. 3 “Specified relative” means a person who is, or was at any 4 time, a relative of an applicant or participant child, by means 5 of blood relationship, marriage, or adoption, or is a spouse of 6 a relative listed in the definition. 7 The drug testing requirement applies only to an applicant 8 who has been convicted of an offense involving the manufacture, 9 delivery, or possession of a controlled substance, or 10 possession with the intent to manufacture or deliver, or any 11 other offense involving a controlled substance under federal 12 law or under Code chapter 124 (controlled substances), Code 13 chapter 124A (imitation controlled substances), Code chapter 14 124B (precursor substances), or Code chapter 453B (excise tax 15 on unlawful dealing in certain substances), during the two-year 16 period preceding the date of application. The drug testing 17 involves drug or urine testing and must be completed prior to 18 an applicant receiving assistance. 19 The results of a blood or urine drug test are not admissible 20 in any criminal proceeding without the consent of the person 21 subject to the testing. Other design, operation, and standards 22 provisions are required to be adopted in rule to ensure the 23 program is implemented in a fair and economical manner. 24 An applicant is ineligible for FIP assistance for failure 25 to participate in the drug testing program or for testing 26 positive in a blood or urine test administered under the drug 27 testing program for the presence of either of the following: a 28 substance listed in schedule I under Code section 124.204 or a 29 substance listed in schedule II, III, or IV under Code chapter 30 124 that was not prescribed for the applicant. 31 If an applicant parent is deemed ineligible for assistance 32 as a result of having a confirmed positive drug test result, 33 the dependent child remains eligible for assistance and a 34 protective payee is to be designated by the parent to receive 35 -3- LSB 5142YH (4) 84 jp/nh 3/ 4

H.F. 2036 the assistance on behalf of the child. If a specified relative 1 or other immediate family member declines to be designated, the 2 department must designate the protective payee. The protective 3 payee is required to participate in the drug testing program 4 under the same circumstances before being approved to receive 5 assistance on behalf of the child. A protective payee with a 6 confirmed positive drug test result is ineligible to receive 7 assistance on behalf of the child. 8 The department is required to adopt rules to implement the 9 new requirements. 10 -4- LSB 5142YH (4) 84 jp/nh 4/ 4