74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1209
 
                         Senate Bill 393
 
Sponsored by Senator KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits grants of public assistance to individuals who test
positive for substances of abuse.
 
                        A BILL FOR AN ACT
Relating to drug testing of public assistance clients; creating
  new provisions; and amending ORS 418.134.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 411. + }
  SECTION 2.  { + (1) The Department of Human Services shall
adopt rules that require all adult applicants for and recipients
of public assistance to undergo testing for substances of abuse
as defined in ORS 438.010.
  (2) The testing required by subsection (1) of this section must
be:
  (a) A condition of eligibility for public assistance;
  (b) Repeated after every six consecutive months of receipt of
assistance; and
  (c) In compliance with the requirements of ORS 438.435.
  (3) The department must deny or terminate public assistance to
any individual for whom the testing described in this section
produces a positive result. + }
  SECTION 3. ORS 418.134 is amended to read:
  418.134. (1) The Department of Human Services shall refer a
person applying for or receiving temporary assistance for needy
families to an evaluation by a mental health   { - or drug
abuse - } professional if the department reasonably believes such
referral is necessary. The Department of Human Services shall
develop guidelines to assist in the identification and referral
of individuals requiring mental health   { - or drug abuse - }
treatment.
  (2)  { + Except as provided in section 2 of this 2007 Act, + }
if an evaluation conducted under subsection (1) of this section
determines that mental health   { - or drug abuse - }  treatment
is necessary for the person to function successfully in the
workplace, the department shall provide such resources as are
necessary and available for the person to participate in and
successfully complete treatment.
  (3) A person who refuses to participate in an evaluation under
subsection (1) of this section or treatment under subsection (2)
of this section shall have payments reduced by the amount of $50
for a period of two months. Continued refusal to participate
during the two months of payment reduction shall result in
removal of the nonparticipating person from the eligibility
determination for two months. Continued refusal to participate
during the two months of ineligibility shall result in
termination of all aid payments for the family.
  (4) The department shall provide training to staff who work
directly with persons applying for or receiving temporary
assistance for needy families in assessment and evaluation of
mental health disorders, addictions and battered women's syndrome
as may be necessary to implement the provisions of subsection (1)
of this section.
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