An Act to prohibit the denial of benefits based solely on a controlled substance felony.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 28-7A-3 be AMENDED:

28-7A-3. Promulgation of rules.

The department may adopt such rules as may be necessary and desirable to implement the provisions of this chapter. The department may adopt rules to regulate promulgate rules, in accordance with chapter 1-26, regarding:

1. Assistance eligibility qualifications except as otherwise provided in § 28-7A-4.1, application procedure, and assistance level;

2. Employability assessment, work activities, and supportive services;

3. Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;

4. Program participation requirements, criteria for disqualification, and good cause exemptions;

5. Disqualification for intentional program violation or failure to comply with program requirements;

6. Benefit recovery and recoupment policies and procedures;

7. Methods of distribution and payment of moneys appropriated by the Legislature or received from the federal government for the granting of temporary assistance for needy families;

8. Development of applications, reports, and other forms;

9. Enforcement of child support obligations including distribution of collections, cooperative agreements with courts and law enforcement officials, and such other rules as may be found necessary or desirable to qualify for federal financial participation;

10. Collection, audit, and reporting of facts and statistics relating to the field of public assistance;

11. Compliance with federal reporting and documentation requirements necessary to qualify for federal funds; and

12. Such Any other rules and standards of operation and administration within the mandate of this chapter, as may be necessary or desirable to qualify for federal financial participation.

The rules shall be adopted in accordance with chapter 1-26 and shall be consistent with this chapter.

Section 2. That a NEW SECTION be added:

28-7A-4.1. Exemption--Controlled substance felony--Denial of benefits—Prohibition.

As permitted in accordance with 21 U.S.C. § 862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. § 862a(a)(1).

The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under state or federal law, of an offense that is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance, as defined in § 34-20B-3 or 21 U.S.C. § 802.