HCS HB 1377 -- RESTRICTIONS ON TEMPORARY ASSISTANCE BENEFITS FOR
NEEDY FAMILIES

SPONSOR:  Schaaf (Brandom)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Healthcare
Transformation by a vote of 8 to 3.

By July 1, 2011, this substitute requires the Department of
Social Services to develop a program to screen work-eligible
applicants for or work-eligible recipients of Temporary
Assistance for Needy Families (TANF) Program benefits for the
illegal use of a controlled substance.  If based upon the
screening or when other information is obtained which gives the
department reasonable cause to believe that an applicant or
recipient engages in the illegal use of a controlled substance,
the applicant or recipient can be subject to a drug test by the
department.

Applicants and recipients who test positive for the use of an
unauthorized controlled substance will be referred to an
appropriate substance abuse treatment program approved by the
Department of Mental Health and must be given the opportunity to
complete the program within a reasonable time.  If the individual
fails to complete or after completing the program still continues
to test positive in subsequent drug tests, the Department of
Social Services can, after a departmental administrative hearing,
declare the individual ineligible for TANF benefits for one year.
Any member of a household which includes a person who has been
declared ineligible for TANF benefits, if otherwise eligible,
will continue to receive protective or vendor payments through a
third-party payee.

By September 30, 2010, the department must develop, implement,
and enforce a policy requiring the immediate termination of an
employee who fails to report any suspected illegal use of a
controlled substance or fraud of the TANF Program by any
applicant or recipient of TANF benefits.

The department must submit an annual report to the General
Assembly beginning July 1, 2011, that tracks the total number of
reported cases of suspected illegal drug use or fraud by
participants in the TANF Program.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
but Greater than $2,113,158 in FY 2011, Unknown but Greater than
$3,639,756 in FY 2012, and Unknown but Greater than $3,816,751 in
FY 2013.  No impact on Other State Funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that the bill is a good step toward
providing protections for unborn children of women who are using
illegal drugs and for taxpayers who are concerned about state
funds being used to support illegal activities.  The intent of
the bill is to screen all TANF recipients for signs of drug use
and those who give reasonable cause to believe that there is
evidence of drug use.  The majority of a surveyed population
across the state were in favor of drug testing individuals
receiving state aid.  The benefits of the bill far outweigh the
fiscal cost of drug testing.

Testifying for the bill was Representative Brandom.

OPPONENTS:  Those who oppose the bill say that it is
discriminatory because it only addresses poor people.  It would
be better public policy to require drug testing for any person
who receives state aid instead of just restricting the testing to
those receiving TANF benefits.  The TANF population is not prone
to using drugs any more frequently than any other population
group.  A weakness of the bill is that a recipient only gets a
referral for treatment, but is not guaranteed treatment.  If
treatment is not provided, it would be bad public policy because
it does not provide adequate alternatives.  The bill will
increase the cost to the foster care system, one of the highest
expenses to the state, because cutting benefits may make an
individual's income too low to support his or her children.  The
drug testing provision in the bill is unconstitutional as it
relates to the Fourth Amendment of the federal Bill of Rights.
The state would be better served by developing improved treatment
programs or providing more adequate funding for its drug
treatment programs.  Missouri ranks among the bottom of the 50
states for funding drug treatment programs.

Testifying against the bill were Catholic Charities Archdiocese
of St. Louis; Missouri Coalition Against Domestic and Sexual
Violence; American Civil Liberties Union of Eastern Missouri;
Missouri Catholic Conference; and Missouri Association for Social
Welfare.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm