Bill Text: IN HB1007 | 2012 | Regular Session | Amended
Bill Title: Drug testing.
Spectrum: Strong Partisan Bill (Republican 52-3)
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Health and Provider Services [HB1007 Detail]
Download: Indiana-2012-HB1007-Amended.html
Citations Affected: IC 12-7; IC 12-14.5; IC 31-33.
Effective: July 1, 2012.
Bacon, Baird, Behning, Borders, Brown T, Burton, Cheatham, Clere, Crouch, Culver, Davisson, Dermody, Dodge, Eberhart, Ellspermann, Espich, Foley, Friend, Frizzell, Frye R, Goodin, Gutwein, Heaton, Heuer, Hinkle, Kirchhofer, Knollman, Koch, Kubacki, Lehe, Lehman, Leonard, Lutz, Mahan, McNamara, Messmer, Morris, Neese, Rhoads, Richardson, Saunders, Smith M, Speedy, Steuerwald, Thompson, Torr, Truitt, Turner, Wesco, Wolkins, Yarde, Ubelhor
January 9, 2012, read first time and referred to Committee on Family, Children and Human
Affairs.
January 23, 2012, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
January 25, 2012, reported _ Do Pass.
January 27, 2012, read second time, amended, call withdrawn.
January 30, 2012, re-read second time, amended, ordered engrossed.
Digest Continued
or on behalf of a child; and (2) is at least 18 years of age. Requires the
office of the secretary of family and social services to notify the
department of child services (department) if a child is ineligible for
assistance as a result of an individual testing positive for the illegal use
of a controlled substance. Requires the department, not later than nine
months after the date the department receives the report, to conduct a
home visit at the child's residence to determine whether to pursue the
report as a report of suspected child abuse or neglect. Requires the
legislative council to establish and administer a program to test
members of the general assembly for the use of controlled substances.
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.
SECTION 1. IC 12-7-2-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. (a) "Body", for
purposes of IC 12-8-2, has the meaning set forth in IC 12-8-2-1.
(b) "Body", for purposes of IC 12-14.5-7, has the meaning set
forth in IC 12-14.5-7-2.
IC 12-14.5-7-4.
(b) "Member", for the purposes of IC 12-14.5-7, has the meaning set forth in IC 12-14.5-7-5.
(1) tests negative for the use of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body; or
(2) tests positive for the use of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body but has:
(A) a valid prescription; or
(B) an order of a practitioner acting in the course of the practitioner's professional practice;
for the controlled substance.
(1) tests positive for the presence of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body; and
(2) does not possess:
(A) a valid prescription; or
(B) an order of a practitioner acting in the course of the
practitioner's professional practice;
for the controlled substance.
ARTICLE 14.5. DRUG TESTING
Chapter 1. Pilot Program for Drug Test
Sec. 1. (a) The office of the secretary shall develop and establish a pilot program to test for the use of a controlled substance by an individual who:
(1) receives TANF assistance for the individual or on behalf of a child; and
(2) is at least eighteen (18) years of age.
(b) The pilot program must be implemented for two (2) years in three (3) counties selected in the manner provided under subsection (c).
(c) The office of the secretary shall select the counties under subsection (b) by the following method:
(1) The office of the secretary shall divide all the counties into the following three (3) groups:
(A) The thirty-one (31) counties that have the greatest populations.
(B) The thirty-one (31) counties that have the lowest populations.
(C) The counties not described in clause (A) or (B).
(2) The office of the secretary shall select one (1) county from each of the groups in subdivisions (1)(A), (1)(B), and (1)(C) to participate in the pilot program established under this chapter.
Sec. 2. (a) The pilot program must:
(1) allow for an individual to consent to random drug testing by signing the consent form described in section 4(1) of this chapter;
(2) randomly administer a drug test to individuals who consent as described in subdivision (1);
(3) require drug testing of individuals who a county office believes, based on reasonable suspicion, are engaged in the illegal use of a controlled substance; and
(4) except for individuals described in IC 12-14.5-2-1(c), require random drug testing of individuals who:
(A) a county office has reasonable suspicion to believe, based on testing positive under a previous drug test
administered under this article, are engaged in the illegal
use of a controlled substance; and
(B) are eligible to continue to receive or reapply for TANF
assistance as provided under this article.
(b) The office of the secretary shall:
(1) randomly administer a drug test to at least the greater of:
(A) one percent (1%) of the individuals who have
consented to random drug testing as described in
subsection (a)(1); or
(B) one (1) individual if at least one (1) individual has
consented to random drug testing as described in
subsection (a)(1);
(2) administer a drug test to all individuals who a county
office believes, based on reasonable suspicion, are engaged in
the illegal use of a controlled substance; and
(3) randomly administer a drug test to at least the greater of:
(A) ten percent (10%) of the individuals described in
subsection (a)(4); or
(B) three (3) individuals described in subsection (a)(4) if at
least three (3) individuals described in subsection (a)(4)
receive TANF assistance.
(c) The pilot program under this chapter must include an
appeals process for individuals.
Sec. 3. A drug test administered under the pilot program must
be performed by a SAMHSA (as defined in IC 22-10-15-3) certified
laboratory.
Sec. 4. After the pilot program is established under this chapter,
a county office located in a county selected to participate in the
pilot program shall provide the following to an individual
described in section 1 of this chapter:
(1) A consent form that allows the individual to consent to
random drug testing of the individual.
(2) The following information in writing:
(A) The individual will be subject to random drug testing
if the individual signs the consent form.
(B) The individual is not required to sign the consent form.
(C) If the individual does not sign the consent form, the
individual may be subject to drug testing if the county
office believes, based on reasonable suspicion, that the
individual is engaged in the illegal use of a controlled
substance.
(D) If the individual:
(i) tests positive under this article; and
(ii) is eligible to continue to receive or reapply for TANF assistance for the individual or on behalf of a child as provided in this article;
the individual may be subject to random drug testing based on reasonable suspicion.
(E) A statement that the penalties under law concerning eligibility for TANF assistance are more severe if the individual tests positive from a drug test administered based on reasonable suspicion than the penalties for testing positive from a random drug test to which the individual has consented.
(F) The penalties under law concerning eligibility for TANF assistance for an individual who tests positive under a:
(i) random drug test to which the individual has consented; and
(ii) drug test administered based on reasonable suspicion.
(G) An individual will be temporarily ineligible for TANF assistance if the individual refuses to take a drug test under this article.
Sec. 5. (a) A county office shall be considered to have reasonable suspicion that an individual is engaged in the illegal use of a controlled substance for purposes of section 2(a)(3) of this chapter if one (1) or more of the following apply:
(1) The individual has been convicted of a crime.
(2) The individual has been charged with an offense under IC 35-48 (controlled substances).
(3) The individual failed to attend a scheduled meeting or complete online requirements regarding TANF assistance.
(b) A county office has reasonable suspicion to randomly administer a drug test to an individual based on reasonable suspicion as described in section 2(a)(4) of this chapter if an individual has tested positive on a previous drug test administered under this article.
(c) An employee of a county office may determine when reasonable suspicion exists under section 2(a)(3) of this chapter from factors other than those listed under subsection (a).
(d) If an employee of a county office believes, based on reasonable suspicion, that an individual is engaged in the illegal use of a controlled substance, the employee shall document the factors
the employee believes establish reasonable suspicion before the
individual is tested under this article.
Sec. 6. The office of the secretary's records concerning the
results of a drug test under this article may not be admitted against
a defendant in a criminal proceeding.
Sec. 7. A county office shall provide a list of drug abuse
treatment programs to any individual who tests positive under this
article.
Sec. 8. The office of the secretary may adopt rules under
IC 4-22-2 necessary to implement this article.
Chapter 2. Penalties for Failing a Random Drug Test to Which
an Individual Has Consented
Sec. 1. (a) If, after an administrative hearing under IC 4-21.5, a
finding is made that an individual who consented to random drug
testing tests positive on a drug test, the county office shall:
(1) provide to the individual a list of drug abuse treatment
programs approved by the office of the secretary; and
(2) administer a drug test to the individual regularly at
intervals of at least twenty (20) days and not more than thirty
(30) days until the individual tests negative in two (2)
consecutive drug tests.
(b) If an individual does not test negative in two (2) consecutive
drug tests as described in subsection (a)(2) not later than four (4)
months after the date the county office begins testing the individual
regularly under subsection (a)(2), the following apply:
(1) The individual's failure to test negative establishes
reasonable suspicion that the individual is engaged in the
illegal use of a controlled substance.
(2) The individual is subject to random drug testing as
provided in IC 12-14.5-1-2(a)(4).
(3) The county office shall administer a drug test to the
individual based on reasonable suspicion not later than thirty
(30) days after the date the individual last tested positive.
(4) The penalties under IC 12-14.5-3 apply to any drug test in
which the individual tests positive after reasonable suspicion
is established under subdivision (1).
(c) If an individual tests negative in two (2) consecutive drug
tests as described in subsection (a)(2) not later than four (4) months
after the date the county office begins testing the individual
regularly under subsection (a)(2), the individual:
(1) shall be returned to the pool of individuals who have
consented to random drug testing; and
(2) is subject to random drug testing as described in IC 12-14.5-1-2(a)(2).
Sec. 2. (a) Except as provided in IC 12-14.5-5-2, if: (1) an individual tested positive under a previous random drug test to which an individual consented;
(2) an individual is subject to a second random drug test; and
(3) after an administrative hearing under IC 4-21.5, a finding is made that the individual tests positive on the drug test described under subdivision (2);
the individual is ineligible to receive TANF assistance for the individual for three (3) months after the date of the finding.
(b) If an individual tests positive on two (2) separate drug tests under subsection (a), the county office:
(1) has reasonable suspicion that the individual is engaged in the illegal use of a controlled substance; and
(2) shall administer random drug testing to the individual under IC 12-14.5-1-2(a)(4).
Sec. 3. (a) If an individual who consented to random drug testing refuses to take a drug test under this article, the individual is ineligible for TANF assistance for the individual for three (3) months after the date that the individual refuses to take the drug test.
(b) An individual who is ineligible under section 2(a) of this chapter or subsection (a) may reapply for TANF assistance after the applicable three (3) month ineligibility period. Upon reapplying, the individual must test negative on a drug test before the individual may receive TANF assistance.
Chapter 3. Penalties for Failing a Drug Test Administered Based on Reasonable Suspicion
Sec. 1. (a) Except as provided in IC 12-14.5-5-2 and if, after an administrative hearing under IC 4-21.5, a finding is made that an individual tests positive on a drug test administered based on reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or IC 12-14.5-1-2(a)(4):
(1) the individual is ineligible to receive TANF assistance for the individual for six (6) months after the date of the finding; and
(2) the child on whose behalf the individual receives TANF assistance shall have that child's TANF assistance reduced by fifty percent (50%) for six (6) months after the date of the finding.
(b) If an individual refuses to take a drug test administered
based on reasonable suspicion as described in IC 12-14.5-1-2(a)(3)
or IC 12-14.5-1-2(a)(4):
(1) the individual is ineligible to receive TANF assistance for
six (6) months after the date that the individual refused to
take the drug test; and
(2) the child on whose behalf the individual receives TANF
assistance shall have that child's TANF assistance reduced by
fifty percent (50%) for six (6) months after the date of the
finding.
Sec. 2. (a) An individual who is ineligible under section 1 of this
chapter may reapply for TANF assistance after the applicable six
(6) month ineligibility period. Upon reapplying, the individual must
test negative on a drug test before the individual may receive
TANF assistance.
(b) If, after an administrative hearing under IC 4-21.5, a finding
is made that an individual described in subsection (a) tests positive
on the drug test administered for the TANF reapplication process:
(1) the individual is permanently ineligible to receive TANF
assistance for the individual; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Sec. 3. If an individual tests positive on a drug test under section
1 of this chapter, the:
(1) county office is considered to have reasonable suspicion
that the individual is engaged in the illegal use of a controlled
substance; and
(2) individual is subject to random drug testing based on
reasonable suspicion as provided under IC 12-14.5-1-2(a)(4).
Sec. 4. If, after an administrative hearing under IC 4-21.5, a
finding is made that an individual described under section 1 of this
chapter tests positive on a second drug test based on reasonable
suspicion as described in IC 12-14.5-1-2(a)(3) or
IC 12-14.5-1-2(a)(4):
(1) the individual is permanently ineligible to receive TANF
assistance for the individual; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Chapter 4. Notice to the Department of Child Services
Sec. 1. The office of the secretary shall notify the department of
child services concerning a child who is ineligible for TANF
assistance under this article.
Chapter 5. Exception to Penalties Concerning TANF Assistance
Sec. 1. (a) If an individual:
(1) is ineligible to receive TANF assistance under
IC 12-14.5-3-2(b) or IC 12-14.5-3-4;
(2) was not a parent or guardian to a child at the time the
individual became ineligible to receive TANF assistance as
described in subdivision (1);
(3) becomes a parent or guardian of a child after the
individual becomes ineligible to receive TANF assistance as
described in subdivision (1); and
(4) tests negative on a drug test administered by the office of
the secretary;
the child is eligible for TANF assistance under this article if the
child meets all the other eligibility requirements to receive TANF
assistance.
(b) If an individual described under subsection (a) tests positive
on the drug test administered by the office of the secretary under
subsection (a)(4), the child on whose behalf the individual receives
TANF assistance is ineligible to receive TANF assistance for as
long as the child resides with the individual.
Sec. 2. (a) This section applies to an individual who:
(1) tests positive on the drug test administered by the office
of the secretary; and
(2) would otherwise be ineligible for TANF assistance as
described in IC 12-14.5-2-2(a) and IC 12-14.5-3-1(a).
(b) An individual does not become ineligible for TANF
assistance as described in subsection (a)(2) and may continue to
receive all TANF assistance for the individual and on behalf of an
eligible child if the individual:
(1) participates in a drug treatment program that has been
approved by the division of mental health and addiction;
(2) successfully completes the drug treatment program; and
(3) does not test positive under a subsequent drug test ordered
by the office of the secretary under this article.
(c) This section does not apply if the individual fails to complete
the drug treatment program described in subsection (b).
Chapter 6. Costs of Drug Testing
Sec. 1. (a) The office of the secretary shall pay for a drug test
administered under this article if the individual:
(1) consented to random drug testing;
(2) has not previously tested positive on a drug test
administered under this article; and
(3) tests negative on the drug test.
(b) An individual shall reimburse the office of the secretary if
the individual tests positive on a drug test paid for by the office of
the secretary under subsection (a).
(c) If an individual fails to reimburse the office of the secretary
for a drug test under subsection (b):
(1) the individual is ineligible to receive TANF assistance; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual;
until the individual reimburses the office of the secretary for the
drug test.
(d) An individual shall be responsible for any costs of additional
drug testing required under this article as a result of the individual
testing positive on a random drug test to which the individual
consented.
Sec. 2. (a) An individual who:
(1) does not consent to random drug testing; and
(2) is tested under this chapter based upon reasonable
suspicion as described in IC 12-14.5-1-2(a)(3) or
IC 12-14.5-1-2(a)(4);
shall pay the costs of the drug test.
(b) If an individual described under subsection (a) tests negative
for the use of a controlled substance, the office of the secretary
shall reimburse the individual for the cost of the drug test.
Chapter 7. Drug Testing for Legislators
Sec. 1. This chapter applies to a member of the general assembly
who:
(1) is serving in the general assembly on June 30, 2012; or
(2) is elected or appointed to the general assembly after June
30, 2012.
Sec. 2. As used in this chapter, "body" refers to either of the
following:
(1) The house of representatives.
(2) The senate.
Sec. 3. As used in this chapter, "chamber" refers to either of the
following:
(1) The floor of the house of representatives.
(2) The floor of the senate.
Sec. 4. As used in this chapter, "legislative council" refers to the
legislative council created under IC 2-5-1.1-1.
Sec. 5. As used in this chapter, "member" refers to either of the
following:
(1) A member of the house of representatives.
(2) A member of the senate.
Sec. 6. (a) The legislative council shall establish and administer
a program under this chapter to test for the use of a controlled
substance by a member.
(b) The program established under this section must:
(1) allow for a member to consent to random drug testing
described in subdivision (2) by signing a consent form
described in subsection (c);
(2) randomly administer a drug test to fifty percent (50%) of
the members who consent as described in subdivision (1)
during each regular legislative session of the general
assembly; and
(3) require drug testing of members who the:
(A) speaker of the house of representatives; or
(B) president pro tempore of the senate;
believes, based on reasonable suspicion, are engaged in the
illegal use of a controlled substance.
(c) If a member refuses to consent to random drug testing
described in subsection (b)(2), the member may not receive any of
the following privileges provided to members:
(1) Partisan staff.
(2) Franked mail.
(3) Reserved parking at the statehouse.
(4) Office space at the statehouse.
(5) Electronic devices.
(d) The consent form described in subsection (b)(1) must:
(1) allow for a member to consent to random drug testing as
described in subsection (b)(2); and
(2) provide specific, detailed information concerning the
privileges the member will not receive as provided under
subsection (c) if the member does not consent to random drug
testing.
(e) A drug test administered under subsection (b)(2) or (b)(3)
must be performed by a SAMHSA (as defined in IC 22-10-15-3)
certified laboratory.
Sec. 7. (a) The speaker of the house of representatives or
president pro tempore of the senate is considered to have
reasonable suspicion that a member is engaged in the illegal use of
a controlled substance for purposes of section 6(b)(3) of this
chapter if the member has been:
(1) convicted of a crime; or
(2) charged with an offense under IC 35-48 (controlled
substances).
(b) The speaker of the house of representatives and president
pro tempore of the senate may determine that reasonable suspicion
exists under section 6(b)(3) of this chapter from factors other than
those listed in subsection (a).
Sec. 8. A member shall submit to a drug test not later than
twelve (12) hours after the member is notified that the member has
been:
(1) randomly selected for a drug test; or
(2) selected for a drug test based on reasonable suspicion.
Sec. 9. Each member of the general assembly shall pay the costs
of a drug test administered under this chapter.
Sec. 10. If a:
(1) member who consented to random drug testing under this
chapter refuses to take a drug test;
(2) member refuses to take a drug test based on reasonable
suspicion as described in section 6(b)(3) of this chapter;
(3) member fails to take a drug test within the time required
under section 8 of this chapter;
(4) member refuses to pay for a drug test as required under
section 9 of this chapter; or
(5) finding is made by the member's chamber that the
member has tested positive on a drug test;
the member shall be assessed a penalty by the member's body
under the Constitution of the State of Indiana or the rules adopted
by the member's chamber, and the member loses all the privileges
listed in section 6(c) of this chapter provided to members.
Sec. 11. The following lists shall be made available to the public:
(1) The names of all the members who consent to random
drug testing under this chapter.
(2) The names of all of the members who refused to consent to
random drug testing under this chapter.
(3) The names of each member who is tested under this
chapter based on reasonable suspicion as described in section
6(b)(3) of this chapter.
(4) The names of all the members who:
(A) test positive on a drug test administered under this
chapter; and
(B) test negative on a drug test administered under this
chapter.
