Minnesota Legislature
HF 1813
as introduced - 88th Legislature (2013 - 2014) Posted on 04/29/2013 12:17pm
Current Version - as introduced
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A bill for an act
relating to human services; requiring screening for use of controlled substances
in the MFIP and general assistance programs; making certain individuals
ineligible for MFIP and general assistance benefits; providing for rulemaking;
amending Minnesota Statutes 2012, sections 256D.024, by adding a subdivision;
256J.26, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 256D; 256J.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 256D.024, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Person with two or more DWI convictions. new text end
new text begin
An applicant or recipient who
has two or more DWI convictions in a period of five years shall, after an administrative
hearing under section 256D.10, be ineligible for general assistance for a period of three
years from the date of the administrative hearing decision affirming the applicant's or
recipient's ineligibility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for new applicants submitting
applications on or after July 1, 2013, and for current recipients at the time of their next
eligibility recertification on or after July 1, 2013.
new text end
Sec. 2.
new text begin
[256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Screening and testing required. new text end
new text begin
The department shall screen and
test each applicant and recipient for general assistance benefits under this chapter, except
for applicants and recipients who meet the eligibility requirements under section 256D.05,
subdivision 1, paragraph (a), clause (14), and who the department has reasonable suspicion
to believe, based on screening, engages in illegal use of controlled substances.
new text end
new text begin Subd. 2. new text end
new text begin Reasonable suspicion. new text end
new text begin
(a) Reasonable suspicion of illegal use of
controlled substances is established when two of the following occur:
new text end
new text begin
(1) the applicant or recipient has an arrest record;
new text end
new text begin
(2) the local welfare agency accepts a report for investigation or family assessment
under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
recipient; and
new text end
new text begin
(3) the department witnesses a behavior indicating illegal use of controlled
substances including, but not limited to:
new text end
new text begin
(i) dilated pupils;
new text end
new text begin
(ii) involuntary eye movements;
new text end
new text begin
(iii) nausea or vomiting;
new text end
new text begin
(iv) twitching;
new text end
new text begin
(v) violent behavior;
new text end
new text begin
(vi) odor of alcohol;
new text end
new text begin
(vii) muscular incoordination;
new text end
new text begin
(viii) inability to verbalize;
new text end
new text begin
(ix) slurred speech;
new text end
new text begin
(x) bizarre behavior;
new text end
new text begin
(xi) needle marks;
new text end
new text begin
(xii) possession of drug paraphernalia; or
new text end
new text begin
(xiii) possession of a substance that appears to possibly be a controlled substance
or alcohol.
new text end
new text begin
(b) Reasonable suspicion of illegal use of controlled substances is also established
by witnessing any two of the behaviors in paragraph (a), clause (3).
new text end
new text begin Subd. 3. new text end
new text begin Reports of arrests. new text end
new text begin
Local law enforcement shall provide to the appropriate
county social services office once per month a list of all arrests that occurred during
the previous reporting period. The county shall use the lists provided by local law
enforcement to determine whether or not any applicant or recipient of general assistance
has an arrest record for purposes of subdivision 2 and shall transmit this information to the
department in a time and manner established by the department.
new text end
new text begin Subd. 4. new text end
new text begin Payment for drug test. new text end
new text begin
The applicant or recipient must pay for the drug
test. The department must reimburse applicants and recipients for the cost of the drug test
when proof of a negative test for controlled substances is provided.
new text end
new text begin Subd. 5. new text end
new text begin Ineligibility for benefits. new text end
new text begin
Any applicant or recipient who is found to have
tested positive for a controlled substance under section 152.02, which is not prescribed for
the applicant or recipient by a licensed health care provider shall, after an administrative
hearing under section 256D.10, be ineligible for general assistance for a period of three
years from the date of the administrative hearing decision affirming the applicant's or
recipient's ineligibility.
new text end
new text begin Subd. 6. new text end
new text begin Referral to treatment program. new text end
new text begin
The department shall refer an applicant
or recipient who tested positive for the use of a controlled substance under this section to
an appropriate substance abuse treatment program approved by the department. Referral
to a substance abuse treatment program does not obligate the state to pay for the treatment.
new text end
new text begin Subd. 7. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner shall adopt rules to develop the screening
and testing procedures under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for new applicants submitting
applications on or after July 1, 2013, and for current recipients at the time of their next
eligibility recertification on or after July 1, 2013.
new text end
Sec. 3.
Minnesota Statutes 2012, section 256J.26, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Person with two or more DWI convictions. new text end
new text begin
An individual who has two
or more DWI convictions in a period of five years shall, after a fair hearing under section
256J.40, be ineligible for MFIP for a period of three years from the date of the fair hearing
decision affirming the individual's ineligibility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for new applicants submitting
applications on or after July 1, 2013, and for current recipients at the time of their next
eligibility recertification on or after July 1, 2013.
new text end
Sec. 4.
new text begin
[256J.261] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Screening and testing required. new text end
new text begin
The department shall screen
and test each applicant and recipient for MFIP benefits under this chapter who the
department has reasonable suspicion to believe, based on screening, engages in illegal use
of controlled substances.
new text end
new text begin Subd. 2. new text end
new text begin Reasonable suspicion. new text end
new text begin
(a) Reasonable suspicion of illegal use of
controlled substances is established when two of the following occur:
new text end
new text begin
(1) the applicant or recipient has an arrest record;
new text end
new text begin
(2) the local welfare agency accepts a report for investigation or family assessment
under section 626.556 alleging abuse or neglect due to substance abuse by the applicant or
recipient; and
new text end
new text begin
(3) the department witnesses a behavior indicating illegal use of controlled
substances including, but not limited to:
new text end
new text begin
(i) dilated pupils;
new text end
new text begin
(ii) involuntary eye movements;
new text end
new text begin
(iii) nausea or vomiting;
new text end
new text begin
(iv) twitching;
new text end
new text begin
(v) violent behavior;
new text end
new text begin
(vi) odor of alcohol;
new text end
new text begin
(vii) muscular incoordination;
new text end
new text begin
(viii) inability to verbalize;
new text end
new text begin
(ix) slurred speech;
new text end
new text begin
(x) bizarre behavior;
new text end
new text begin
(xi) needle marks;
new text end
new text begin
(xii) possession of drug paraphernalia; or
new text end
new text begin
(xiii) possession of a substance that appears to possibly be a controlled substance
or alcohol.
new text end
new text begin
(b) Reasonable suspicion of illegal use of controlled substances is also established
by witnessing any two of the behaviors in paragraph (a), clause (3).
new text end
new text begin Subd. 3. new text end
new text begin Reports of arrests. new text end
new text begin
Local law enforcement shall provide to the appropriate
county social services office once per month a list of all arrests that occurred during
the previous reporting period. The county shall use the lists provided by local law
enforcement to determine whether or not any applicant or recipient of MFIP has an arrest
record for purposes of subdivision 2 and shall transmit this information to the department
in a time and manner established by the department.
new text end
new text begin Subd. 4. new text end
new text begin Payment for drug test. new text end
new text begin
The applicant or recipient must pay for the drug
test. The department must reimburse applicants and recipients for the cost of the drug test
when proof of a negative test for controlled substances is provided.
new text end
new text begin Subd. 5. new text end
new text begin Ineligibility for benefits. new text end
new text begin
Any applicant or recipient who is found to have
tested positive for a controlled substance under section 152.02, which is not prescribed for
the applicant or recipient by a licensed health care provider shall, after a fair hearing under
section 256J.40, be ineligible for MFIP for a period of three years from the date of the fair
hearing decision affirming the applicant's or recipient's ineligibility.
new text end
new text begin Subd. 6. new text end
new text begin Referral to treatment program. new text end
new text begin
The department shall refer an applicant
or recipient who tested positive for the use of a controlled substance under this section to
an appropriate substance abuse treatment program approved by the department. Referral
to a substance abuse treatment program does not obligate the state to pay for the treatment.
new text end
new text begin Subd. 7. new text end
new text begin Continued assistance for minor children. new text end
new text begin
Minor children in an assistance
unit in which a caregiver has been determined to be ineligible for MFIP under this section
continue to be eligible for MFIP assistance, but the assistance payment must be received
by a protective payee.
new text end
new text begin Subd. 8. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner shall adopt rules to develop the screening
and testing procedures under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for new applicants submitting
applications on or after July 1, 2013, and for current recipients at the time of their next
eligibility recertification on or after July 1, 2013.
new text end