HCS HB 1377 -- DRUG TESTING OF ELECTED OFFICIALS AND PUBLIC
ASSISTANCE RECIPIENTS (Brandom)

COMMITTEE OF ORIGIN:  Committee on Healthcare Transformation

This substitute requires all state elected officials to submit to
chemical testing for determining the drug content of the blood
before taking office and once every two years thereafter.  The
person tested will be responsible for the cost of the test and,
upon request, will have access to the results.  To be considered
valid, the test must be administered according to methods and
devices approved by the Department of Health and Senior Services
and performed by licensed medical personnel or by a person
possessing a valid permit issued by the department for this
purpose.  Refusal to take a drug test will be considered an
admission of guilt, and the elected official will be subject to
sanctions authorized by law.  An official who tests positive for
illegal drugs must participate in a drug treatment program or
face sanctions as authorized by law.  Anyone administering the
test will not be civilly liable for damages to the person tested
except for negligence or by a willful and wanton act or omission.

By July 1, 2011, the Department of Social Services must develop a
program to screen work-eligible applicants or work-eligible
recipients of Temporary Assistance for Needy Families (TANF)
Program benefits for the illegal use of a controlled substance.
Any applicant or recipient who refuses to participate in the
testing process will be ineligible to receive TANF benefits for
one year.  If based upon the screening the department has
reasonable suspicion 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.  If an applicant or recipient tests positive for
illegal use of a controlled substance, the department 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 $2,604,377 in FY 2011, Unknown but Greater than
$3,604,933 in FY 2012, and Unknown but Greater than $3,768,814 in
FY 2013.  No impact on Other State Funds in FY 2011, FY 2012, and
FY 2013.

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