HB 16: "An Act relating to citizenship requirements and an alcohol impairment and drug testing program for applicants for and recipients of specified cash assistance."
00 HOUSE BILL NO. 16 01 "An Act relating to citizenship requirements and an alcohol impairment and drug 02 testing program for applicants for and recipients of specified cash assistance." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.25.120 is amended by adding a new subsection to read: 05 (b) A person must be a citizen of the United States or a legal alien as described 06 in 8 U.S.C. 1181 - 1186 and not otherwise precluded from eligibility under state or 07 federal law to be eligible for assistance under AS 47.25.120 - 47.25.300. 08 * Sec. 2. AS 47.27.200(e) is amended to read: 09 (e) An organization's plan for operation of the Alaska Native family assistance 10 grant must 11 (1) be designed to facilitate self-sufficiency of assistance recipients in 12 the region specified in the federally approved tribal family assistance plan by 13 addressing the conditions specific to that region; 14 (2) provide for a reasonable pattern of service delivery from all
01 providers serving that region; 02 (3) serve a specified region that consists of a geographically cohesive 03 group of communities that share similar interests, resources, and traditions; 04 (4) establish the same maximum number of months of benefits as is 05 established for the state program under AS 47.27.015(a)(1); [AND] 06 (5) provide for administration of the grant money received under this 07 section to establish a program in accordance with the plan accepted by the department 08 and in compliance with other requirements of this section; the program must include 09 the following standards for providing assistance to eligible families: 10 (A) only families with at least one dependent child or a woman 11 in the last trimester of pregnancy are eligible for assistance paid from an 12 Alaska Native family assistance grant; 13 (B) amounts for assistance provided from an Alaska Native 14 family assistance grant to eligible families may not exceed the amounts 15 specified under AS 47.27.025(b) when combined with assistance provided 16 under the federally approved tribal family assistance grant; 17 (C) to remain eligible for assistance paid from an Alaska 18 Native family assistance grant, a minor parent of a dependent child must meet 19 the requirements of AS 47.27.027; 20 (D) families receiving assistance paid from an Alaska Native 21 family assistance grant shall comply with the provisions of AS 47.27.035(a) 22 regarding participation in work activities; 23 (E) families receiving assistance paid from Alaska Native 24 family assistance grant money shall comply with the provisions of (l) - (n) of 25 this section regarding assignment of support rights and cooperation with the 26 child support services agency; 27 (F) the organization has an impartial appeals process to allow 28 affected families in the region of the state covered by the plan accepted by the 29 department to have a fair hearing; 30 (6) establish an alcohol and drug testing program as required 31 under AS 47.27.400 - 47.27.499.
01 * Sec. 3. AS 47.27 is amended by adding new sections to read: 02 Article 4A. Alcohol and Drug Testing. 03 Sec. 47.27.400. Alcohol impairment and drug testing; legislative findings 04 and purpose. The legislature finds that a statewide threat to public safety exists with 05 regard to the use of cash assistance for the purchase of alcohol and illegal drugs. The 06 purpose of the testing program established under AS 47.27.400 - 47.27.499 is to 07 reduce that risk and to protect the residents of the state. 08 Sec. 47.27.410. Alcohol impairment and drug testing for eligibility; 09 regulations; immunity. (a) The department shall implement a program consistent 10 with AS 47.27.400 - 47.27.499 that provides for random and suspicion-based testing 11 of recipients of cash assistance for use of alcohol that impairs a recipient's ability to 12 work or seek work and of applicants for and recipients of cash assistance for the use of 13 illegal drugs. In this subsection, "recipient of cash assistance" does not include a 14 dependent child, a caretaker of a dependent child who is not a recipient of public 15 assistance based on the caretaker's financial need, or a protective payee, as defined by 16 the department in regulation. 17 (b) The department shall adopt regulations to implement this section. The 18 regulations must include testing policies consistent with AS 47.27.430 and specify the 19 type of testing to be conducted and the illegal drugs to be included in the testing 20 program. The drug tested must have a cutoff level that yields a positive test result 21 (1) for initial testing of urine, as follows: 22 CUTOFF CONCENTRATION 23 SUBSTANCE (nanograms in each milliliter) 24 Marijuana metabolites 50 25 Cocaine metabolites 300 26 Opiate metabolites 2,000 27 Phencyclidine 1,000 28 Amphetamines 1,000 29 (2) for confirmatory testing of urine, as follows: 30 CUTOFF CONCENTRATION 31 SUBSTANCE (nanograms in each milliliter)
01 Marijuana metabolite 15 02 (Delta-9-tetrahydrocannabinol-9-carboxylic acid) 03 Cocaine metabolite (Benzoylecgonine) 150 04 Opiates 05 Morphine 2,000 06 Codeine 2,000 07 6-Acetylmorphine 10 08 (when morphine concentration exceeds 09 2,000 nanograms in each milliliter) 10 Phencyclidine 25 11 Amphetamines 12 Amphetamine 500 13 Methamphetamine 500 14 (when amphetamine concentration is 15 greater than or equal to 200 nanograms 16 in each milliliter) 17 (3) for testing of alternative specimens that is consistent with the 18 mandatory guidelines for the federal workplace drug testing program adopted by the 19 United States Department of Health and Human Services. 20 (c) Unless the department or an agent or employee of the department knew or 21 should have known that the results of a test conducted under this section were false 22 and took action that affected a person's eligibility for cash assistance based on the false 23 test results, a person may not bring an action for damages against the department or an 24 agent or employee of the department for 25 (1) good faith actions taken to conduct, or as a result of, alcohol 26 impairment or drug testing under this section; 27 (2) failure to test for alcohol impairment or drugs or for a specific 28 drug; 29 (3) failure to test for or detect a specific drug or medical or 30 psychological condition or disorder; 31 (4) termination or suspension of an alcohol or drug prevention or
01 testing program or policy. 02 (d) In a claim for damages based on false test results, 03 (1) a rebuttable presumption exists that the test results were valid if the 04 department complied with this section and the regulations adopted under this section; 05 and 06 (2) the department may not be held liable for monetary damages for 07 good faith reliance and reasonable actions taken as a result of false test results. 08 (e) A person may not bring an action against the department based on the 09 failure of the department to establish a program or policy on substance abuse 10 prevention or to implement alcohol impairment or drug testing. 11 Sec. 47.27.420. Confidentiality; liability. (a) The results of a test conducted 12 under AS 47.27.410 are confidential, except that the results may be revealed to the 13 recipient of cash assistance who was tested and to agents and employees of the 14 department as required to determine eligibility for cash assistance. 15 (b) A person may not bring an action for defamation of character or reputation 16 as a result of disclosure of the results of an alcohol impairment or drug test under the 17 alcohol impairment or drug testing program established under AS 47.27.410 unless 18 (1) the results were disclosed to a person, other than an agent or 19 employee of the department for the purpose of the testing program or under court or 20 administrative order; 21 (2) the information disclosed included false test results; 22 (3) the information was negligently or intentionally disclosed; and 23 (4) the elements of the tort claim are met. 24 Sec. 47.27.430. Testing policies and procedures. (a) The department shall 25 adopt testing policies that include 26 (1) a list of substances tested; 27 (2) a description of the testing methods and collection procedures, 28 including on-site testing; 29 (3) a right to confirmatory testing and the procedures for confirmatory 30 testing; 31 (4) the consequences for refusal to test or retest that are consistent with
01 the provisions in AS 47.27.450; 02 (5) the right of an applicant for or recipient of cash assistance to 03 receive test results within five working days after the department receives the test 04 results or the written request, whichever is later, if a written request is made by the 05 applicant or recipient within six months after the test; 06 (6) the right of an applicant and a recipient, on the applicant's or 07 recipient's request, to receive, within 72 hours of the test or before an adverse action is 08 taken, whichever occurs first, a confidential explanation of the applicant's or 09 recipient's test results; 10 (7) providing the department's confidentiality and testing policies to 11 applicants for and recipients of cash assistance not less than 30 days before initiating 12 testing on the applicant or recipient. 13 (b) The department shall pay the cost of testing and, if the testing is performed 14 at a location other than a location of the department, the cost of transportation to and 15 from the testing center. 16 (c) Sample collection and testing must 17 (1) comply with scientifically accepted methods and procedures; 18 (2) be performed at a location identified by the department and 19 analyzed by a laboratory approved or certified by the Substance Abuse and Mental 20 Health Services Administration or by the College of American Pathologists; 21 (3) be conducted under reasonable, sanitary, and private conditions 22 that are consistent with reliability; 23 (4) be properly controlled, and samples must be properly labeled; and 24 (5) include relevant medical information. 25 (d) A positive drug test must be confirmed using a different analytical process 26 than was used in initial testing. A positive drug test must be reported as a negative 27 result if a licensed physician verifies that the test was affected by medication 28 prescribed for the applicant or recipient tested. 29 (e) The department may not rely on a positive test result without confirmatory 30 testing. 31 Sec. 47.27.440. Training of test administrators. (a) The department shall
01 ensure that at least one designated employee of the department receives not less than 02 one hour of training on alcohol abuse and an additional one hour of training on the use 03 of controlled substances for the purpose of finding reasonable suspicion for testing 04 under AS 47.27.400 - 47.27.499. 05 (b) If the department provides on-site testing for alcohol impairment or illegal 06 drug use under AS 47.27.410, the department shall employ on-site administrators who 07 (1) have received training in person and written certification of the 08 training by the test manufacturer's representative on the proper procedure for 09 administering the test and on accurate analysis of the on-site test results; the training 10 must include recognition of adulteration of a sample collected on-site; 11 (2) agree in writing to maintain confidentiality under the testing 12 policies adopted by the department. 13 Sec. 47.27.450. Consequences of confirmatory positive testing. (a) Except as 14 provided in (b) of this section, the department shall deny or suspend cash assistance to 15 an applicant for or recipient of the assistance who, under AS 47.27.400 - 47.27.499, 16 (1) has been tested and has received a confirmatory positive result for 17 alcohol impairment or use of illegal drugs and fails to comply with a treatment 18 program approved by the department; or 19 (2) has refused alcohol impairment or drug testing required by the 20 department. 21 (b) The department may provide cash assistance on behalf of an eligible 22 recipient who is subject to denial or suspension under (a) of this section if the 23 department has assigned a protective payee to manage the cash assistance for which 24 the recipient or the recipient's family is otherwise eligible and the third party provides 25 care, shelter, or food to the recipient or the recipient's dependent children. 26 Sec. 47.27.499. Definition. In AS 47.27.400 - 47.27.499, "cash assistance" 27 means 28 (1) cash assistance as defined in AS 47.27.900; and 29 (2) benefits received under Alaska Native family assistance programs 30 and grants under AS 47.27.200 and regional public assistance programs under 31 AS 47.27.300.