Relating to certain public assistance benefits, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section 1. 1. Any person receiving public assistance benefits pursuant to chapter 208, RSMo, is deemed to have consented to a drug test to detect the use of controlled substances. Such test may be requested by the director of the department of social services or the prosecuting attorney of the county in which the person resides or may be found. Any public assistance recipient who is found to have tested positive for the use of a controlled substance, which was not prescribed for such recipient by a licensed physician or dentist, shall, after an administrative hearing conducted pursuant to the provisions of chapter 536, RSMo, be declared ineligible for all public assistance benefits of a period of three years from the date of the administrative hearing.

2. The director shall promulgate rules to effectuate the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section 2. Any public assistance recipient who has been found guilty or who has pleaded guilty to a violation of any provision of chapter 195, RSMo, shall be ineligible to receive public assistance benefits, under the provisions of chapter 208, RSMo, for a period of time, to be determined by the sentencing judge. Such period of ineligibility shall not exceed five years.