Bill Text: MN HF1813 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Minnesota Family Investment Program (MFIP) and general assistance program screening for use of controlled substances required, and individuals made ineligible for MFIP and general assistance benefits.
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced - Dead) 2013-04-29 - Introduction and first reading, referred to Health and Human Services Policy [HF1813 Detail]
Download: Minnesota-2013-HF1813-Introduced.html
1.2relating to human services; requiring screening for use of controlled substances
1.3in the MFIP and general assistance programs; making certain individuals
1.4ineligible for MFIP and general assistance benefits; providing for rulemaking;
1.5amending Minnesota Statutes 2012, sections 256D.024, by adding a subdivision;
1.6256J.26, by adding a subdivision; proposing coding for new law in Minnesota
1.7Statutes, chapters 256D; 256J.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 256D.024, is amended by adding a
1.10subdivision to read:
1.11 Subd. 5. Person with two or more DWI convictions. An applicant or recipient who
1.12has two or more DWI convictions in a period of five years shall, after an administrative
1.13hearing under section 256D.10, be ineligible for general assistance for a period of three
1.14years from the date of the administrative hearing decision affirming the applicant's or
1.15recipient's ineligibility.
1.16EFFECTIVE DATE.This section is effective for new applicants submitting
1.17applications on or after July 1, 2013, and for current recipients at the time of their next
1.18eligibility recertification on or after July 1, 2013.
1.19 Sec. 2. [256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.
1.20 Subdivision 1. Screening and testing required. The department shall screen and
1.21test each applicant and recipient for general assistance benefits under this chapter, except
1.22for applicants and recipients who meet the eligibility requirements under section 256D.05,
1.23subdivision 1, paragraph (a), clause (14), and who the department has reasonable suspicion
1.24to believe, based on screening, engages in illegal use of controlled substances.
2.1 Subd. 2. Reasonable suspicion. (a) Reasonable suspicion of illegal use of
2.2controlled substances is established when two of the following occur:
2.3(1) the applicant or recipient has an arrest record;
2.4(2) the local welfare agency accepts a report for investigation or family assessment
2.5under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
2.6recipient; and
2.7(3) the department witnesses a behavior indicating illegal use of controlled
2.8substances including, but not limited to:
2.9(i) dilated pupils;
2.10(ii) involuntary eye movements;
2.11(iii) nausea or vomiting;
2.12(iv) twitching;
2.13(v) violent behavior;
2.14(vi) odor of alcohol;
2.15(vii) muscular incoordination;
2.16(viii) inability to verbalize;
2.17(ix) slurred speech;
2.18(x) bizarre behavior;
2.19(xi) needle marks;
2.20(xii) possession of drug paraphernalia; or
2.21(xiii) possession of a substance that appears to possibly be a controlled substance
2.22or alcohol.
2.23(b) Reasonable suspicion of illegal use of controlled substances is also established
2.24by witnessing any two of the behaviors in paragraph (a), clause (3).
2.25 Subd. 3. Reports of arrests. Local law enforcement shall provide to the appropriate
2.26county social services office once per month a list of all arrests that occurred during
2.27the previous reporting period. The county shall use the lists provided by local law
2.28enforcement to determine whether or not any applicant or recipient of general assistance
2.29has an arrest record for purposes of subdivision 2 and shall transmit this information to the
2.30department in a time and manner established by the department.
2.31 Subd. 4. Payment for drug test. The applicant or recipient must pay for the drug
2.32test. The department must reimburse applicants and recipients for the cost of the drug test
2.33when proof of a negative test for controlled substances is provided.
2.34 Subd. 5. Ineligibility for benefits. Any applicant or recipient who is found to have
2.35tested positive for a controlled substance under section 152.02, which is not prescribed for
2.36the applicant or recipient by a licensed health care provider shall, after an administrative
3.1hearing under section 256D.10, be ineligible for general assistance for a period of three
3.2years from the date of the administrative hearing decision affirming the applicant's or
3.3recipient's ineligibility.
3.4 Subd. 6. Referral to treatment program. The department shall refer an applicant
3.5or recipient who tested positive for the use of a controlled substance under this section to
3.6an appropriate substance abuse treatment program approved by the department. Referral
3.7to a substance abuse treatment program does not obligate the state to pay for the treatment.
3.8 Subd. 7. Rulemaking. The commissioner shall adopt rules to develop the screening
3.9and testing procedures under this section.
3.10EFFECTIVE DATE.This section is effective for new applicants submitting
3.11applications on or after July 1, 2013, and for current recipients at the time of their next
3.12eligibility recertification on or after July 1, 2013.
3.13 Sec. 3. Minnesota Statutes 2012, section 256J.26, is amended by adding a subdivision
3.14to read:
3.15 Subd. 4a. Person with two or more DWI convictions. An individual who has two
3.16or more DWI convictions in a period of five years shall, after a fair hearing under section
3.17256J.40, be ineligible for MFIP for a period of three years from the date of the fair hearing
3.18decision affirming the individual's ineligibility.
3.19EFFECTIVE DATE.This section is effective for new applicants submitting
3.20applications on or after July 1, 2013, and for current recipients at the time of their next
3.21eligibility recertification on or after July 1, 2013.
3.22 Sec. 4. [256J.261] TESTING FOR USE OF CONTROLLED SUBSTANCE.
3.23 Subdivision 1. Screening and testing required. The department shall screen
3.24and test each applicant and recipient for MFIP benefits under this chapter who the
3.25department has reasonable suspicion to believe, based on screening, engages in illegal use
3.26of controlled substances.
3.27 Subd. 2. Reasonable suspicion. (a) Reasonable suspicion of illegal use of
3.28controlled substances is established when two of the following occur:
3.29(1) the applicant or recipient has an arrest record;
3.30(2) the local welfare agency accepts a report for investigation or family assessment
3.31under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
3.32recipient; and
4.1(3) the department witnesses a behavior indicating illegal use of controlled
4.2substances including, but not limited to:
4.3(i) dilated pupils;
4.4(ii) involuntary eye movements;
4.5(iii) nausea or vomiting;
4.6(iv) twitching;
4.7(v) violent behavior;
4.8(vi) odor of alcohol;
4.9(vii) muscular incoordination;
4.10(viii) inability to verbalize;
4.11(ix) slurred speech;
4.12(x) bizarre behavior;
4.13(xi) needle marks;
4.14(xii) possession of drug paraphernalia; or
4.15(xiii) possession of a substance that appears to possibly be a controlled substance
4.16or alcohol.
4.17(b) Reasonable suspicion of illegal use of controlled substances is also established
4.18by witnessing any two of the behaviors in paragraph (a), clause (3).
4.19 Subd. 3. Reports of arrests. Local law enforcement shall provide to the appropriate
4.20county social services office once per month a list of all arrests that occurred during
4.21the previous reporting period. The county shall use the lists provided by local law
4.22enforcement to determine whether or not any applicant or recipient of MFIP has an arrest
4.23record for purposes of subdivision 2 and shall transmit this information to the department
4.24in a time and manner established by the department.
4.25 Subd. 4. Payment for drug test. The applicant or recipient must pay for the drug
4.26test. The department must reimburse applicants and recipients for the cost of the drug test
4.27when proof of a negative test for controlled substances is provided.
4.28 Subd. 5. Ineligibility for benefits. Any applicant or recipient who is found to have
4.29tested positive for a controlled substance under section 152.02, which is not prescribed for
4.30the applicant or recipient by a licensed health care provider shall, after a fair hearing under
4.31section 256J.40, be ineligible for MFIP for a period of three years from the date of the fair
4.32hearing decision affirming the applicant's or recipient's ineligibility.
4.33 Subd. 6. Referral to treatment program. The department shall refer an applicant
4.34or recipient who tested positive for the use of a controlled substance under this section to
4.35an appropriate substance abuse treatment program approved by the department. Referral
4.36to a substance abuse treatment program does not obligate the state to pay for the treatment.
5.1 Subd. 7. Continued assistance for minor children. Minor children in an assistance
5.2unit in which a caregiver has been determined to be ineligible for MFIP under this section
5.3continue to be eligible for MFIP assistance, but the assistance payment must be received
5.4by a protective payee.
5.5 Subd. 8. Rulemaking. The commissioner shall adopt rules to develop the screening
5.6and testing procedures under this section.
5.7EFFECTIVE DATE.This section is effective for new applicants submitting
5.8applications on or after July 1, 2013, and for current recipients at the time of their next
5.9eligibility recertification on or after July 1, 2013.
1.3in the MFIP and general assistance programs; making certain individuals
1.4ineligible for MFIP and general assistance benefits; providing for rulemaking;
1.5amending Minnesota Statutes 2012, sections 256D.024, by adding a subdivision;
1.6256J.26, by adding a subdivision; proposing coding for new law in Minnesota
1.7Statutes, chapters 256D; 256J.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 256D.024, is amended by adding a
1.10subdivision to read:
1.11 Subd. 5. Person with two or more DWI convictions. An applicant or recipient who
1.12has two or more DWI convictions in a period of five years shall, after an administrative
1.13hearing under section 256D.10, be ineligible for general assistance for a period of three
1.14years from the date of the administrative hearing decision affirming the applicant's or
1.15recipient's ineligibility.
1.16EFFECTIVE DATE.This section is effective for new applicants submitting
1.17applications on or after July 1, 2013, and for current recipients at the time of their next
1.18eligibility recertification on or after July 1, 2013.
1.19 Sec. 2. [256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.
1.20 Subdivision 1. Screening and testing required. The department shall screen and
1.21test each applicant and recipient for general assistance benefits under this chapter, except
1.22for applicants and recipients who meet the eligibility requirements under section 256D.05,
1.23subdivision 1, paragraph (a), clause (14), and who the department has reasonable suspicion
1.24to believe, based on screening, engages in illegal use of controlled substances.
2.1 Subd. 2. Reasonable suspicion. (a) Reasonable suspicion of illegal use of
2.2controlled substances is established when two of the following occur:
2.3(1) the applicant or recipient has an arrest record;
2.4(2) the local welfare agency accepts a report for investigation or family assessment
2.5under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
2.6recipient; and
2.7(3) the department witnesses a behavior indicating illegal use of controlled
2.8substances including, but not limited to:
2.9(i) dilated pupils;
2.10(ii) involuntary eye movements;
2.11(iii) nausea or vomiting;
2.12(iv) twitching;
2.13(v) violent behavior;
2.14(vi) odor of alcohol;
2.15(vii) muscular incoordination;
2.16(viii) inability to verbalize;
2.17(ix) slurred speech;
2.18(x) bizarre behavior;
2.19(xi) needle marks;
2.20(xii) possession of drug paraphernalia; or
2.21(xiii) possession of a substance that appears to possibly be a controlled substance
2.22or alcohol.
2.23(b) Reasonable suspicion of illegal use of controlled substances is also established
2.24by witnessing any two of the behaviors in paragraph (a), clause (3).
2.25 Subd. 3. Reports of arrests. Local law enforcement shall provide to the appropriate
2.26county social services office once per month a list of all arrests that occurred during
2.27the previous reporting period. The county shall use the lists provided by local law
2.28enforcement to determine whether or not any applicant or recipient of general assistance
2.29has an arrest record for purposes of subdivision 2 and shall transmit this information to the
2.30department in a time and manner established by the department.
2.31 Subd. 4. Payment for drug test. The applicant or recipient must pay for the drug
2.32test. The department must reimburse applicants and recipients for the cost of the drug test
2.33when proof of a negative test for controlled substances is provided.
2.34 Subd. 5. Ineligibility for benefits. Any applicant or recipient who is found to have
2.35tested positive for a controlled substance under section 152.02, which is not prescribed for
2.36the applicant or recipient by a licensed health care provider shall, after an administrative
3.1hearing under section 256D.10, be ineligible for general assistance for a period of three
3.2years from the date of the administrative hearing decision affirming the applicant's or
3.3recipient's ineligibility.
3.4 Subd. 6. Referral to treatment program. The department shall refer an applicant
3.5or recipient who tested positive for the use of a controlled substance under this section to
3.6an appropriate substance abuse treatment program approved by the department. Referral
3.7to a substance abuse treatment program does not obligate the state to pay for the treatment.
3.8 Subd. 7. Rulemaking. The commissioner shall adopt rules to develop the screening
3.9and testing procedures under this section.
3.10EFFECTIVE DATE.This section is effective for new applicants submitting
3.11applications on or after July 1, 2013, and for current recipients at the time of their next
3.12eligibility recertification on or after July 1, 2013.
3.13 Sec. 3. Minnesota Statutes 2012, section 256J.26, is amended by adding a subdivision
3.14to read:
3.15 Subd. 4a. Person with two or more DWI convictions. An individual who has two
3.16or more DWI convictions in a period of five years shall, after a fair hearing under section
3.17256J.40, be ineligible for MFIP for a period of three years from the date of the fair hearing
3.18decision affirming the individual's ineligibility.
3.19EFFECTIVE DATE.This section is effective for new applicants submitting
3.20applications on or after July 1, 2013, and for current recipients at the time of their next
3.21eligibility recertification on or after July 1, 2013.
3.22 Sec. 4. [256J.261] TESTING FOR USE OF CONTROLLED SUBSTANCE.
3.23 Subdivision 1. Screening and testing required. The department shall screen
3.24and test each applicant and recipient for MFIP benefits under this chapter who the
3.25department has reasonable suspicion to believe, based on screening, engages in illegal use
3.26of controlled substances.
3.27 Subd. 2. Reasonable suspicion. (a) Reasonable suspicion of illegal use of
3.28controlled substances is established when two of the following occur:
3.29(1) the applicant or recipient has an arrest record;
3.30(2) the local welfare agency accepts a report for investigation or family assessment
3.31under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
3.32recipient; and
4.1(3) the department witnesses a behavior indicating illegal use of controlled
4.2substances including, but not limited to:
4.3(i) dilated pupils;
4.4(ii) involuntary eye movements;
4.5(iii) nausea or vomiting;
4.6(iv) twitching;
4.7(v) violent behavior;
4.8(vi) odor of alcohol;
4.9(vii) muscular incoordination;
4.10(viii) inability to verbalize;
4.11(ix) slurred speech;
4.12(x) bizarre behavior;
4.13(xi) needle marks;
4.14(xii) possession of drug paraphernalia; or
4.15(xiii) possession of a substance that appears to possibly be a controlled substance
4.16or alcohol.
4.17(b) Reasonable suspicion of illegal use of controlled substances is also established
4.18by witnessing any two of the behaviors in paragraph (a), clause (3).
4.19 Subd. 3. Reports of arrests. Local law enforcement shall provide to the appropriate
4.20county social services office once per month a list of all arrests that occurred during
4.21the previous reporting period. The county shall use the lists provided by local law
4.22enforcement to determine whether or not any applicant or recipient of MFIP has an arrest
4.23record for purposes of subdivision 2 and shall transmit this information to the department
4.24in a time and manner established by the department.
4.25 Subd. 4. Payment for drug test. The applicant or recipient must pay for the drug
4.26test. The department must reimburse applicants and recipients for the cost of the drug test
4.27when proof of a negative test for controlled substances is provided.
4.28 Subd. 5. Ineligibility for benefits. Any applicant or recipient who is found to have
4.29tested positive for a controlled substance under section 152.02, which is not prescribed for
4.30the applicant or recipient by a licensed health care provider shall, after a fair hearing under
4.31section 256J.40, be ineligible for MFIP for a period of three years from the date of the fair
4.32hearing decision affirming the applicant's or recipient's ineligibility.
4.33 Subd. 6. Referral to treatment program. The department shall refer an applicant
4.34or recipient who tested positive for the use of a controlled substance under this section to
4.35an appropriate substance abuse treatment program approved by the department. Referral
4.36to a substance abuse treatment program does not obligate the state to pay for the treatment.
5.1 Subd. 7. Continued assistance for minor children. Minor children in an assistance
5.2unit in which a caregiver has been determined to be ineligible for MFIP under this section
5.3continue to be eligible for MFIP assistance, but the assistance payment must be received
5.4by a protective payee.
5.5 Subd. 8. Rulemaking. The commissioner shall adopt rules to develop the screening
5.6and testing procedures under this section.
5.7EFFECTIVE DATE.This section is effective for new applicants submitting
5.8applications on or after July 1, 2013, and for current recipients at the time of their next
5.9eligibility recertification on or after July 1, 2013.
