STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2508	By:	Russ

AS INTRODUCED

An Act relating to poor persons; requiring drug testing for applicants for Temporary Assistance for Needy Families benefits; specifying cost of testing shall be paid by applicant; specifying testing costs shall not be reimbursed; specifying individuals subject to testing requirement; providing exceptions; providing that applicants testing positive for controlled substances shall be ineligible for benefits; specifying duration of ineligibility; directing the Department of Human Services to provide notice of drug testing requirements; specifying required contents of notice; authorizing applicants to inform Department of medications applicant utilizes; requiring certain acknowledgment be signed by applicants; specifying drug-testing procedure; providing for additional testing of certain applicants; specifying reapplication procedure for certain applicants; requiring Department to provide list of substance abuse treatment providers; specifying state shall not pay for treatment; allowing applicants to reapply after treatment; specifying requirements; providing that certain benefits shall not be affected by the failure of a parent to pass the drug test; providing for the designation of an individual to receive benefits on behalf of a child; specifying requirements; directing Department to adopt rules; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 230.50a of Title 56, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families (TANF).  The cost of drug testing shall be the responsibility of the individual tested and the individual shall not be reimbursed for the cost of testing. 
1.  An individual subject to the requirements of this section includes any parent or caretaker relative who is included in the cash-assistance group, including 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 as specified by the Department.
2.  An individual who tests positive for controlled substances as a result of a drug test required pursuant to this section shall be ineligible to receive TANF benefits for one (1) year after the date of the positive drug test unless the individual meets the requirements of subsection C of this section.
B.  The Department shall:
1.  Provide notice of drug testing to each applicant at the time of application.  The notice shall advise the applicant that drug testing will be conducted as a condition for receiving TANF benefits and that the applicant shall bear the cost of testing.  The applicant shall be advised that the required drug testing may be avoided if the applicant does not apply for TANF benefits.  Applicants sixty (60) years of age or older shall be exempt from the drug-testing requirement.  Dependent children under eighteen (18) years of age shall be exempt from the drug-testing requirement;
2.  Require that for two-parent families, both parents shall comply with the drug-testing requirement;
3.  Require that any minor parent who is not required to live with a parent, legal guardian, or other adult caretaker relative comply with the drug-testing requirement;
4.  Advise each applicant to be tested, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking;
5.  Require each applicant to be tested to sign a written acknowledgment that the applicant has received and understands the notice and advice provided pursuant to paragraphs 1 and 4 of this subsection;
6.  Assure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the state to ensure the reliability of the sample;
7.  Specify circumstances under which an applicant who fails a drug test has the right to take one or more additional tests;
8.  Inform an applicant who tests positive for a controlled substance and is deemed ineligible for TANF benefits that the applicant may reapply for those benefits one (1) year after the date of the positive drug test unless the applicant meets the requirements of subsection C of this section.  If the applicant tests positive again, the applicant shall be ineligible to receive TANF benefits for three (3) years after the date of the second positive drug test unless the applicant meets the requirements of subsection C of this section; and
9.  Provide any applicant who tests positive with a list of licensed substance abuse treatment providers available in the area in which the applicant resides.  Neither the Department nor the state shall be responsible for providing or paying for substance abuse treatment as part of the screening conducted pursuant to this section.
C.  An applicant who tests positive pursuant to this section and is denied TANF benefits as a result may reapply for those benefits after six (6) months if the applicant verifies the successful completion of a substance abuse treatment program.  An applicant who has met the requirements of this subsection and reapplies for TANF benefits shall be required to pass an initial drug test and meet the requirements of this section.  Any drug test conducted while the applicant is undergoing substance abuse treatment shall meet the requirements of this section.  The cost of any drug testing and substance abuse treatment provided pursuant to this section shall be the responsibility of the individual being tested and receiving treatment.  An individual who fails the drug test required pursuant to subsection A of this section may reapply for benefits one time.
D.  If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted pursuant to this section:
1.  The eligibility of the dependent child for TANF benefits shall not be affected;
2.  An appropriate protective payee shall be designated to receive benefits on behalf of the child; and
3.  The parent may choose to designate another individual to receive benefits for the minor child of the parent.  The designated individual shall be an immediate family member, or if an immediate family member is not available or the family member declines the option, another individual, approved by the Department, may be designated.  The designated individual shall undergo drug testing before being approved to receive benefits on behalf of the child.  If the designated individual tests positive for controlled substances, the individual shall be ineligible to receive benefits on behalf of the child.
E.  The Department shall adopt rules to implement the requirements of this section.
SECTION 2.  This act shall become effective November 1, 2012.

53-2-8479	SDR	01/17/12