Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0448.01 Brita Darling x2241 HOUSE BILL 12-1046 HOUSE SPONSORSHIP Sonnenberg, SENATE SPONSORSHIP Brophy, House Committees Senate Committees Health and Environment A BILL FOR AN ACT Concerning requiring drug testing as a condition of eligibility for the Colorado works program. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires a person applying for assistance through the Colorado works program (works program) to take a drug test for the presence of controlled substances as a condition of eligibility for assistance. If an applicant fails the drug test, the applicant may reapply for assistance 1 year after the date of the drug test. However, a person may reapply after 6 months if the person successfully completes a substance abuse treatment program. The applicant is required to pay the cost of the drug test. If the applicant passes the drug test, the applicant's initial assistance will be increased by the cost of the drug test. The dependent child of an applicant who fails the drug test shall still be eligible to receive assistance, but the county department of human services will be required to approve a protective payee to receive the assistance on behalf of the dependent child. The protective payee will also need to pass the drug test. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 26-2-706, amend (1.5) (h) and (1.5) (i); and add (1.5) (j) as follows: 26-2-706. Target populations. (1.5) To participate in the Colorado works program, an applicant or person shall: (h) Provide verification of earned income received in the thirty days immediately prior to the date of application; and (i) Provide verification of pregnancy, if applicable; and (j) Satisfy the requirement of section 26-2-706.3 relating to drug screening of applicants for the works program. SECTION 2. In Colorado Revised Statutes, add 26-2-706.3 as follows: 26-2-706.3. Drug screening - applicants for works program - rules. (1) An applicant for the works program shall be required to take a drug test as a condition of eligibility for assistance through the works program. The person being tested is responsible for the cost of drug testing. Except as provided in subsection (4) of this section, a person who tests positive for controlled substances as a result of a drug test required pursuant to this section is ineligible to receive assistance for one year after the date of the positive drug test. (2) The county department shall provide notice of drug testing to each person at the time the person applies for the works program. The notice shall inform the person that: (a) As a condition of receiving assistance through the works program, each person shall be required to be tested for controlled substances; (b) The person must bear the cost of drug testing; except that if the person tests negative, the person's initial assistance payment shall be increased by an amount equal to the cost of the drug testing; (c) Dependent children under eighteen years of age are not required to take a drug test; (d) If the person does not apply for assistance through the works program, the drug-testing requirement is avoided; and (e) If the person is a parent who tests positive for controlled substances, the parent's dependent child remains eligible for assistance. However, pursuant to the provisions of subsection (5) of this section, a protective payee will be designated to receive the assistance for the dependent child. (3) The drug-testing program pursuant to this section shall: (a) Require that, for two-parent families, both parents comply with the drug-testing requirement; (b) Require that any unmarried parent under eighteen years of age who is not required to live with a parent or specified caretaker in an adult-supervised home pursuant to section 26-2-706 (2) (b) comply with the drug-testing requirement; (c) Require that any parent or specified caretaker who is included in the assistance unit, including a person who may be exempt from work activity requirements under the works program, comply with the drug-testing requirement; (d) Advise each person of the approved sites for drug testing; (e) Advise each person tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the drug test of any prescription or over-the-counter medication he or she is taking; (f) Require each person prior to being tested to sign a written acknowledgment that he or she has received and understands the notice and advice provided pursuant to paragraph (e) of this subsection (3) and subsection (2) of this section; (g) Assure each person tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure reliability of the sample; (h) Specify the criteria for a positive test result and the circumstances under which a person who tests positive for a controlled substance has the right to take one or more additional tests; (i) Inform a person who tests positive for a controlled substance and is ineligible to receive assistance through the works program that he or she may reapply for assistance one year after the date of the positive drug test unless the person meets the requirements of subsection (4) of this section. If, upon application after a year has elapsed, the person again tests positive for a controlled substance, the person is ineligible to receive assistance through the works program for a period of three years after the date of the second positive drug test unless the person meets the requirements of subsection (4) of this section. (j) Provide a person who tests positive for controlled substances with a list of addiction counselors licensed or certified pursuant to part 8 of article 43 of title 12, C.R.S., in the area in which he or she resides and inform the person that neither the state department nor the county department is responsible for providing or paying for substance abuse treatment as part of the drug screening required pursuant to this section. (4) A person denied assistance through the works program as a result of testing positive for controlled substances pursuant to the drug screening required pursuant to this section may reapply for assistance six months after the positive drug test if the person can document that he or she successfully completed a substance abuse treatment program with an addiction counselor licensed or certified pursuant to part 8 of article 43 of title 12, C.R.S. A person reapplying after successfully completing a substance abuse treatment program must pass a drug test as required pursuant to subsection (1) of this section. The person being tested or receiving treatment is responsible for the cost of drug testing and substance abuse treatment. A person failing a drug test pursuant to subsection (1) of this section is eligible to reapply under the provisions of this subsection (4) only once. (5) (a) If a parent is ineligible for assistance as a result of failing a drug test pursuant to subsection (1) of this section, the dependent child's eligibility for assistance through the works program is not affected. (b) The parent may designate an appropriate protective payee to receive assistance for the benefit of the dependent child. The designated person must be an immediate family member or another individual approved by the county department. The designated person must comply with the drug-testing requirement pursuant to subsection (1) of this section before being approved by the county department or receiving assistance on behalf of the dependant child. (6) The state department shall promulgate any rules necessary for the effective and uniform application of the drug-testing requirement for all applicants for the works program. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.