Minnesota Legislature
SF 1535
as introduced - 87th Legislature (2011 - 2012) Posted on 01/27/2012 08:24am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32 2.33
2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11
4.12 4.13 4.14
A bill for an act
relating to human services; requiring screening for use of controlled substances
in the MFIP and general assistance program; proposing coding for new law in
Minnesota Statutes, chapters 256D; 256J.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end
new text begin
(a) 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
(b) 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 parental substance abuse; 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
Reasonable suspicion of illegal use of controlled substances is also established by
witnessing any two of the behaviors in this clause.
new text end
new text begin
(c) 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 paragraph (b).
new text end
new text begin
(d) 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
(e) 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 or who has two or more DWI convictions in a period of five
years shall, after an administrative hearing under section 256D.10, be declared ineligible
for general assistance for a period of three years from the date of the administrative
hearing decision.
new text end
new text begin
(f) 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
(g) The commissioner shall promulgate 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, 2012, and for current recipients at the time of their next
eligibility recertification.
new text end
Sec. 2.
new text begin
[256J.261] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end
new text begin
(a) The department shall screen and test each applicant and recipient for MFIP
benefits under this chapter 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
(b) 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 parental substance abuse; 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
Reasonable suspicion of illegal use of controlled substances is also established by
witnessing any two of the behaviors in this clause.
new text end
new text begin
(c) 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 paragraph (b).
new text end
new text begin
(d) 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
(e) 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 or who has two or more DWI convictions in a period of five
years shall, after a fair hearing under section 256J.40, be declared ineligible for MFIP for
a period of three years from the date of the fair hearing decision.
new text end
new text begin
(f) 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
(g) 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
(h) The commissioner shall promulgate 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, 2012, and for current recipients at the time of their next
eligibility recertification.
new text end