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 1531
 
                         Senate Bill 606
 
Sponsored by Senator NELSON (at the request of Umatilla County
  Sheriff John Trumbo)
 
 
                             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.
 
  Requires adult public assistance applicant or recipient to take
drug test. Requires Department of Human Services to refer to
treatment any person with positive drug test results. Requires
vendor payments of cash assistance while in treatment. Terminates
cash assistance after three positive drug test results.
  Terminates cash assistance to adults who knowingly provide
lodging to persons terminated from cash assistance due to three
positive drug test results.
 
                        A BILL FOR AN ACT
Relating to drug testing for public assistance.
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 to require each applicant for or recipient of public
assistance who is 18 years of age or older to submit to a drug
test as a condition of eligibility for cash assistance.
  (2) If the drug test under subsection (1) of this section is
positive for the presence of a controlled substance:
  (a) The department must refer the person for treatment, in
accordance with ORS 418.134 (2);
  (b) While the person is participating in treatment:
  (A) The person must consent to random drug tests; and
  (B) The department must make payments in accordance with ORS
418.050;
  (c) The person may continue receiving cash assistance only
while participating in treatment or after successfully completing
treatment; and
  (d) The department shall terminate the person's cash assistance
after two subsequent positive drug test results and the
assistance may not be reinstated until the person begins
complying with treatment.
  (3) No person 18 years of age or older may receive cash
assistance if the person knowingly provides lodging to a person
whose assistance is terminated under subsection (2)(d) of this
section and who does not pay, in cash or in kind, the actual
costs of the lodging provided, in violation of ORS 418.140.
  (4) Nothing in this section is intended to limit the
department's authority under ORS 418.134 to refer a person
receiving cash assistance for an evaluation by a mental health or
drug abuse professional if the department reasonably believes a
referral is necessary.
  (5) As used in this section:
  (a) 'Controlled substance' has the meaning given that term in
ORS 475.005.
  (b) 'Drug test' means a laboratory test administered in
compliance with ORS 438.435 to detect the presence of a
controlled substance.
  (c) 'Treatment' means a program or service that is licensed,
approved, established, maintained or operated by or contracted
with the department under ORS 430.265 to 430.380, 430.405 to
430.565, 430.610 to 430.880 and 430.900 to 430.930. + }
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