FOR AN ACT ENTITLED, An Act to provide for drug testing certain TANF applicants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That the code be amended by adding a NEW SECTION to read:

    The Department of Social Services shall develop and implement a drug testing program to randomly test two percent of the adult applicants for the temporary assistance for needy families cash benefits upon application for benefits. A recipient who is found to have tested positive for the use of a controlled substance that was not prescribed for the applicant by a health care provider shall be tested again within forty-five days. If the applicant tests positive a second time for the use of a controlled substance that was not prescribed for the applicant by a health care provider, the department shall provide the applicant with information on available drug treatment programs, and the applicant shall be tested again within forty-five days. If the applicant tests positive a third time for the use of a controlled substance that was not prescribed for the applicant by a health care provider, the applicant becomes ineligible to receive benefits for a period of one year. The applicant shall pay the cost of each test where the applicant tests positive for the use of a controlled substance that was not prescribed for the applicant by a

health care provider through a reduction in benefits.

    Any aggrieved applicant is entitled to an administrative hearing to determine the validity of the tests and to contest the decision to suspend the benefits.