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.
Source: SL 2020, ch 116, § 2.
Structure South Dakota Codified Laws
Title 28 - Public Welfare and Assistance
Chapter 07A - Temporary Assistance For Needy Families
Section 28-7A-1 - No entitlement to assistance.
Section 28-7A-2 - Definition of terms.
Section 28-7A-3 - Promulgation of rules.
Section 28-7A-4 - Determining eligibility requirements.
Section 28-7A-4.1 - Exemption--Controlled substance felony--Denial of benefits—Prohibition.
Section 28-7A-5 - Social security number required for eligibility.
Section 28-7A-6 - Cooperation with paternity and child support proceedings required.
Section 28-7A-7 - Assignment of support rights.
Section 28-7A-8 - Manner of application--Timely response.
Section 28-7A-9 - Assessment of skills, work experience, and employability.
Section 28-7A-12 - Feasible and reasonable assistance programs authorized.
Section 28-7A-13 - Employment as work activity.
Section 28-7A-14 - Reconsideration of assistance.
Section 28-7A-15 - Appeal by aggrieved applicant or recipient.
Section 28-7A-16 - Denial, reduction, or termination of assistance to deter fraud and program abuse.
Section 28-7A-17 - Adoption of policies to recover overpayment of assistance.
Section 28-7A-18 - Assistance not transferable--Assistance not subject to legal process--Exception.
Section 28-7A-19 - Effect of amending or repealing acts.
Section 28-7A-21 - Combination work and education activity--Criteria for education component.
Section 28-7A-22 - Eligibility for work and education activity.
Section 28-7A-23 - Department may limit number of participants in work and education activity.