Bill Text: IN HB1003 | 2010 | Regular Session | Amended
Bill Title: Public assistance matters and voting registration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-02 - Third reading: call withdrawn [HB1003 Detail]
Download: Indiana-2010-HB1003-Amended.html
Citations Affected: IC 2-5; IC 3-7; IC 12-7; IC 12-13.
Synopsis: Public assistance matters and voting registration.
Establishes the committee on the administration of public assistance
(committee) and specifies the committee's responsibilities. Sets forth
requirements for a system for making eligibility determinations for
public assistance services. Requires the office of the secretary of family
and social services (office) to establish an independent monitoring
system to evaluate the quality of the eligibility determinations for
public assistance services and sets forth requirements for the
monitoring system. Requires the office to attempt to resolve any issues
with an application for public assistance in the office's initial contact
with the applicant. Requires the office to post specified material on the
office's website. Specifies actions to be taken by the office if an
unfavorable evaluation is received or if a majority of the committee
votes to terminate a contract for eligibility determinations for public
assistance services. Requires a public assistance office to provide voter
registration assistance to each individual who in person, by telephone,
or by electronic means applies for service or assistance, applies for
recertification or renewal of services or assistance, or submits a change
of address form. Requires that voter registration forms allow, but not
require, an individual completing the form to provide an electronic
mail address.
Effective: Upon passage; July 1, 2010.
November 17, 2009, read first time and referred to Committee on Ways and Means.
January 5, 2010, amended, reported _ Do Pass.
January 25, 2010, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Chapter 31. Committee on the Administration of Public Assistance
Sec. 1. As used in this chapter, "committee" refers to the committee on the administration of public assistance established by section 3 of this chapter.
Sec. 2. As used in this chapter, "public assistance" refers to the following:
(1) The federal Supplemental Nutrition Assistance Program (SNAP).
(2) The Temporary Assistance for Needy Families (TANF) program.
(3) The Medicaid program.
Sec. 3. The committee on the administration of public assistance is established.
Sec. 4. (a) The committee consists of the following members:
(1) Four (4) members of the house of representatives appointed by the speaker of the house of representatives, not more than two (2) of whom may be from the same political party.
(2) Four (4) members of the senate appointed by the president pro tempore of the senate, not more than two (2) of whom may be from the same political party.
(3) One (1) representative of a labor organization that represents state employees, appointed by the speaker of the house of representatives.
(4) One (1) representative of a statewide organization that represents consumers of human services, appointed by the president pro tempore of the senate.
(b) If a vacancy on the committee occurs, the person who appointed the member whose position is vacant shall appoint an individual to fill the vacancy using the criteria set forth in subsection (a).
(c) In 2010, the speaker of the house of representatives shall appoint one (1) of the legislative members appointed by the speaker as the chairperson of the committee for a two (2) year period. In 2012, the president pro tempore of the senate shall appoint one (1) of the legislative members appointed by the president pro tempore as the chairperson of the committee for a two (2) year period. Subsequently, the speaker of the house of representatives and the president pro tempore of the senate shall alternate appointing the chairperson every two (2) years.
Sec. 5. The committee shall do the following:
(1) Review the administration of public assistance in Indiana, including the process of making eligibility determinations.
(2) Take public testimony on problems or concerns concerning the administration of public assistance in Indiana.
(3) Receive:
(A) testimony;
(B) responses to committee questions; and
(C) updates;
concerning changes in the public assistance eligibility process in Indiana from the office of the secretary of family and social services, or the director of the division of family resources if the secretary is unavailable, or a contractor for the office of the secretary.
(4) Make recommendations concerning any changes that the
committee considers necessary concerning the public
assistance process in Indiana.
(5) Make a determination described in IC 12-13-5-3.5(b)
concerning whether an unfavorable evaluation has occurred
within a time determined by the committee.
Sec. 6. Six (6) committee members constitute a quorum. The
affirmative votes of at least six (6) committee members are
necessary for the committee to take official action.
Sec. 7. The legislative services agency shall provide
administrative support for the committee.
Sec. 8. (a) The committee shall meet at the call of the
chairperson. Beginning April 1, 2010, the committee shall meet at
least one (1) time every sixty (60) days.
(b) Except as provided in subsection (c) and section 9 of this
chapter, the committee shall operate under the policies governing
study committees adopted by the legislative council. The committee
shall file an annual report with the legislative council in an
electronic format under IC 5-14-6 if official action is taken by the
committee.
(c) Beginning April 1, 2010, the committee may meet at any time
during the calendar year.
Sec. 9. A member of the committee is not entitled to salary per
diem, travel reimbursement, or other expenses incurred in
connection with the member's duties on the committee.
Sec. 10. The secretary of family and social services, or the
director of the division of family resources if the secretary is
unavailable, shall make an oral and written presentation at each
committee meeting concerning the administration of public
assistance in Indiana. The office of the secretary shall respond to
any question concerning the administration of public assistance
that is provided to the office of secretary by the chairperson before
a scheduled committee meeting.
(1) Distribute a voter registration form prescribed under section 4 of this chapter to each applicant for public assistance whenever the applicant:
(2) Assist the applicant in completing the voter registration form as required by 42 U.S.C. 1973gg-5(a)(4)(A)(ii).
(3) Review the completed voter registration form as required in section 9 of this chapter.
(4) Accept the completed voter registration form from the applicant.
(5) Transmit the completed voter registration form to the appropriate county voter registration office as required by 42 U.S.C. 1973gg-5(d) and section 16 of this chapter.
(b) Unless the applicant declines in writing to register to vote, the requirements of subsection (a) apply whenever an applicant in person, by telephone, or by electronic means takes any of the actions described in subsection (a)(1).
(1) Complete the voter registration application prescribed under section 4 of this chapter.
(2) Present the application to an employee, subcontractor, or independent contractor of the office.
(b) If an individual contacts an office by telephone or electronic means, the office shall assist the individual in completing a voter registration form in either of the following ways:
(1) If the individual possesses:
(A) a current and valid Indiana driver's license issued under IC 9-24; or
(B) an Indiana identification card for nondrivers issued under IC 9-24-16;
an employee, subcontractor, or independent contractor of the office shall serve as a surrogate for the individual in completing and submitting online a voter registration application as provided in IC 3-7-26.7.
(2) If the individual does not possess:
(A) a current and valid Indiana driver's license issued under IC 9-24; or
(B) an Indiana identification card for nondrivers issued under IC 9-24-16;
the office shall send the individual a voter registration form prescribed under section 4 of this chapter and a return
envelope addressed to the office, postage prepaid.
(c) Whenever an office assists an individual as described in
subsection (b)(2), the office shall:
(1) review as required by section 9 of this chapter the
completed voter registration form returned by the individual;
and
(2) transmit the completed voter registration form to the
appropriate county voter registration office as required by
section 16 of this chapter.
(1) Inform each individual who applies for assistance or services that the information the individual provides on the individual's voter registration application will be used to register the individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual:
(i) declines to register to vote;
(ii) fails to complete the voter registration part of the application; or
(iii) answers "no" to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration with assistance in filling out the voter registration application unless the individual refuses assistance, as provided in 42 U.S.C. 1973gg-5(a)(4)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee designated by the administrator to be responsible for voter registration services) for transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county voter registration office of the county where the individual resides concerning the disposition of the voter registration application.
primary, general, municipal, or special election is scheduled in the
precinct where the voter resides, the employee, subcontractor, or
independent contractor of the office who provides an individual with
an application for assistance or services under section 3 of this chapter
shall do the following:
(1) Inform the individual that office registration will not permit
the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may
follow to vote in the next election.
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
(1) the procedures set forth in this chapter; or
(2) whenever the individual applies for public assistance under IC 3-7-15 by telephone or electronic means, a surrogate.
under section 1 of this chapter must:
(1) provide for the residence address and the mailing address of
the individual completing the forms;
(2) contain a statement that a notice of disposition of the person's
registration application will be mailed to the mailing address of
the individual; and
(3) require the applicant to provide the applicant's voter
identification number; and
(4) allow, but not require, the individual completing the forms
to provide an electronic mail address.
(1) The federal Supplemental Nutrition Assistance program (SNAP).
(2) The Temporary Assistance for Needy Families (TANF) program.
(3) The Medicaid program.
(1) Federal Supplemental Nutrition Assistance Program (SNAP).
(2) Temporary Assistance for Needy Families (TANF).
(3) Medicaid.
However, eligibility determinations for services do not include contracts substantially related to information technology for support services.
(b) As used in this section, "unfavorable evaluation" means a number of failed evaluations occurring over a time determined by a majority vote of the committee on the administration of public
assistance established by IC 2-5-31.
(c) The office of the secretary shall include the following in the
office's system for making an eligibility determination for services:
(1) The following methods by which an individual may apply
for services:
(A) In person.
(B) By telephone.
(C) By completing an application over the Internet.
(2) An application for services or an application for renewal
of services that is assigned to one (1) employee who collects all
the information necessary for the application before sending
the application to an employee with the authority to make an
eligibility determination.
(3) The goal that all issues during the eligibility determination
for services are resolved accurately, quickly, and on the first
contact with the applicant.
(4) A review of the primary reasons individuals do not
complete the eligibility determination for services process,
including any barriers that are the result of state policy or
procedures.
(5)The inclusion of improvements to the system as a result of
any findings in the review required under subdivision (4).
(d) Before July 1, 2010, the office of the secretary shall establish
a monitoring system to be administered as an independent entity
by a person other than the office of the secretary for the purpose
of evaluating the quality of the eligibility determination for services
process and subsequent contact with the office by recipients of
services described in subsection (a).
(e) The monitoring system must do the following:
(1) Evaluate every point of contact an individual has from the
initial application for services described in subsection (a) to
the final determination by the office and any appeal by the
individual of the determination.
(2) Track the place in the eligibility determination for services
process, including intake, verification, determination, and
renewal of an application for services, in which an individual
stops participating in the process.
(3) Determine the primary causes for why individuals do not
complete the process, including barriers that are a result of
state policy or procedures.
(4) Review a monthly written accounting of the operational
expenditures spent on eligibility determinations for services
described in subsection (a).
(f) The office of the secretary shall use the monitoring system to
analyze the eligibility determination for services process and
determine places for improvement of the process.
(g) The office of the secretary and a contractor of the office of
the secretary concerning eligibility determinations for services
shall cooperate with a person administering the monitoring system
and shall provide the person with any information or data
requested in an expeditious manner.
(h) The office of the secretary shall attempt to resolve an issue
of an applicant for, or a recipient of, services described in
subsection (a) at the office's initial contact with the individual by
using employees with decision making authority in the initial
contact with applicants and recipients.
(i) The office of the secretary shall make the following
information available on the office of the secretary's web site:
(1) A report and any other documents prepared by a person
that has contracted with the state to review work performed
under a contract for eligibility determinations for services, to
be posted not later than thirty (30) days after the office of the
secretary has received the report.
(2) Any contract, including the assignment of a contract and
an amendment to a contract, that the office of the secretary
has entered into for eligibility determinations for services, to
be posted not later than thirty (30) days after the effective
date of the contract, assignment, or amendment.
(3) Any change order or change in reimbursement or
reimbursement schedules related to a contract for eligibility
determinations for services, to be posted not later than thirty
(30) days after the effective date of the change.
(j) The office of the secretary shall do everything contractually
allowable to terminate a contract and may not enter into or renew
a contract for eligibility determinations for services if either of the
following occurs:
(1) An unfavorable evaluation is received.
(2) A majority vote by the committee on the administration of
public assistance established by IC 2-5-31 to terminate the
contract.
(k) If a condition set forth in subsection (j) occurs, the office of
the secretary shall do the following:
(1) Initiate the process of implementing a system for the
eligibility determination for services to be performed by state
employees.
(2) Submit a report to the committee on the administration of
public assistance established by IC 2-5-31:
(A) setting forth the schedule; and
(B) updating the committee;
on the implementation of the system described in subdivision
(1).
