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S. B. No. 182 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Hughes, Gardner, Jordan, Uecker, Burke
A BILL
To require the Director of Job and Family Services to
operate an Ohio Works First drug testing pilot
program and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section:
(1) "Adult," "assistance group," and "Ohio Works First" have
the same meanings as in section 5107.02 of the Revised Code.
(2) "Chemical dependency" means the use of a drug of abuse to
the extent that the user becomes physically or psychologically
dependent on the drug or endangers the user's health, safety, or
welfare or that of others.
(3) "Drug of abuse" means any controlled substance as defined
in section 3719.01 of the Revised Code, any harmful intoxicant as
defined in section 2925.01 of the Revised Code, and any dangerous
drug as defined in section 4729.01 of the Revised Code.
(4) "Drug test" means either of the following that is
conducted to determine whether a drug of abuse is present in a
biological specimen taken from an individual's body:
(a) A chemical test of an individual's urine;
(b) An oral fluid test that uses a swab.
(5)(a) Except as provided in division (A)(5)(b) of this
section, "fail a drug test" means that a drug test reveals the
presence of a drug of abuse in a biological specimen taken from an
individual's body.
(b) An individual shall not be determined to have failed a
drug test if the individual obtained the drug of abuse pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs and the individual injected, ingested, or
inhaled the drug of abuse in accordance with the licensed health
professional's directions.
(6) "Licensed health professional authorized to prescribe
drugs" and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(7) "Pass a drug test" means that a drug test does not reveal
the presence of a drug of abuse in a biological specimen taken
from an individual's body.
(8) "Work-eligible individual" has the same meaning as in 45
C.F.R. 261.2(n).
(B) Not later than ninety days after the effective date of
this section, the Director of Job and Family Services shall
establish an Ohio Works First drug testing pilot program. The
pilot program shall be operated for two years in three counties
the Director selects, except that the Director may select a county
only if the county's board of county commissioners volunteers to
have the county included in the program. In selecting counties,
the Director shall strive to have one rural, one suburban, and one
urban county included in the program.
The county department of job and family services of each
county included in the program shall conduct an assessment of each
adult member of an assistance group that applies to participate in
Ohio Works First to determine whether there is reasonable cause to
suspect that any of the adults have a chemical dependency. The
assessment shall be conducted in accordance with rules adopted
under this section and as part of the process of determining under
section 5107.12 of the Revised Code whether the assistance group
is initially eligible to participate in Ohio Works First. The
assessment shall not be conducted as part of an eligibility
redetermination. If pursuant to an assessment conducted under the
pilot program there is reasonable cause to suspect that an adult
has a chemical dependency, the county department shall require the
adult to undergo a drug test.
(C) The cash assistance that an assistance group receives
under Ohio Works First shall be provided to a protective payee
approved by the county department of job and family services if an
adult member of the assistance group refuses to cooperate with an
assessment conducted under the pilot program, refuses to undergo a
drug test when required to do so under the pilot program, or fails
a drug test conducted under the pilot program. The protective
payee may not be a member of the assistance group. The protective
payee shall act as a representative of the assistance group and
manage the assistance group's cash assistance on behalf of the
assistance group. Except as provided in division (D) of this
section, the assistance group's cash assistance shall be provided
to the protective payee for one year. After the one-year period,
the cash assistance shall be provided to the assistance group
unless rules adopted under section 5107.05 of the Revised Code
provide for the cash assistance to be provided to a protective
payee due to another circumstance.
(D) The county department of job and family services of each
county included in the pilot program shall refer an adult who
fails a drug test conducted pursuant to division (B) of this
section to the board of alcohol, drug addiction, and mental health
services that serves the same county as the county department. If
the adult, acting on the referral, requests services from the
board to which the adult is referred, the board shall refer the
adult to an alcohol and drug addiction program certified by the
Department of Alcohol and Drug Addiction Services under section
3793.06 of the Revised Code.
Not sooner than six months after the date that the cash
assistance of the adult's assistance group begins to be provided
to a protective payee pursuant to division (C) of this section,
the adult may submit a request to the county department to have
the assistance group's cash assistance cease to be provided to the
protective payee and begin to be provided to the assistance group.
The adult shall include with the request documentation that is
acceptable to the county department and shows that the adult
successfully completed the treatment provided by the certified
alcohol and drug addiction program to which the adult was referred
under this division. The county department may approve the request
if the adult undergoes a drug test and passes the drug test.
However, the county department shall disapprove the request if
rules adopted under section 5107.05 of the Revised Code provide
for the cash assistance to be provided to a protective payee due
to another circumstance. If the adult fails to undergo a drug test
or fails the drug test, the cash assistance shall continue to be
provided to the protective payee for an additional year beginning
on the date that is twelve months after the date that the cash
assistance first began to be provided to the protective payee
under division (C) of this section.
(E) An assistance group's cash assistance shall be provided
to a protective payee for the period specified in division (C) or
(D) of this section, as applicable, regardless of whether that
period extends beyond the date the pilot program ends.
(F) The provision of an assistance group's cash assistance to
a protective payee as required by this section does not excuse the
members of the assistance group or any work-eligible individuals
from compliance with any of the Ohio Works First requirements
applicable to them.
(G) The county department of job and family services of each
county included in the pilot program shall determine which type of
drug test to use under the program. An adult undergoing the drug
test is responsible for the cost of the drug test.
(H) The Director of Job and Family Services shall adopt rules
as necessary to implement the pilot program, including rules
governing the assessments conducted under division (B) of this
section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.
(I)(1) The Director of Job and Family Services shall prepare
a report regarding the pilot program. The report shall include all
of the following information:
(a) The number of adults for whom reasonable cause to suspect
they have a chemical dependency is found pursuant to assessments
conducted under division (B) of this section;
(b) The number of adults required to undergo drug tests;
(c) The number of adults who fail drug tests;
(d) The costs of the drug tests;
(e) The total amount of time that Ohio Works First cash
assistance is provided to protective payees under the pilot
program as of the date the report is prepared;
(f) Regarding the adults who are referred to certified
alcohol and drug addiction programs under division (D) of this
section, all of the following:
(i) The number of the adults who complete the treatment
provided by the programs;
(ii) The number of the adults who are employed as of the date
the report is prepared;
(iii) In the case of the adults who are not employed at the
time they complete the treatment but become employed by the date
the report is prepared, the average number of months it took the
adults after completing the treatment to become employed.
(2) The county department of job and family services of each
county included in the pilot program shall provide any information
the Director needs to prepare the report.
(3) Not later than ninety days after the conclusion of the
pilot program, the Director shall submit the report to the
Governor and, in accordance with section 101.68 of the Revised
Code, the General Assembly.
Section 2. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the General Revenue Fund. For all appropriations made in
this act, those in the first column are for fiscal year 2014 and
those in the second column are for fiscal year 2015. The
appropriations made in this act are in addition to any other
appropriations made for the FY 2014-2015 biennium.
ADA THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
GRF |
038401 |
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Treatment Services |
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$ |
100,000 |
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$ |
100,000 |
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TOTAL GRF General Revenue Fund
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$ |
100,000 |
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$ |
100,000 |
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TOTAL ALL BUDGET FUND GROUPS
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$ |
100,000 |
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$ |
100,000 |
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OHIO WORKS FIRST DRUG TESTING PILOT PROGRAM
Of the foregoing appropriation item 038401, Treatment
Services, up to $100,000 in each fiscal year shall be used to fund
drug treatment services provided to individuals seeking treatment
under the Ohio Works First Drug Testing Pilot Program.
Section 3. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in the main operating appropriations act of the 130th
General Assembly.
The appropriations made in this act are subject to all
provisions of the main operating appropriations act of the 130th
General Assembly that are generally applicable to such
appropriations.
Section 4. Sections 2 and 3 of this act, and the items of
laws of which they are composed, are not subject to the referendum
because they are or relate to an appropriation for current
expenses within the meaning of Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code and, therefore,
go into immediate effect when this act becomes law.
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