Bill Text: IN HB1559 | 2011 | Regular Session | Introduced
Bill Title: Drug testing of recipients of assistance.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-01-27 - Representative Cheatham added as coauthor [HB1559 Detail]
Download: Indiana-2011-HB1559-Introduced.html
Citations Affected: IC 12-7-2-43.3; IC 12-14-30; IC 22-4.
Synopsis: Drug testing of recipients of assistance. Requires the
division of family resources to develop a program to randomly test
individuals applying for or receiving assistance under the federal
Temporary Assistance for Needy Families (TANF) program for the use
of a controlled substance. Provides that an individual who tests positive
for a controlled substance without a prescription is ineligible to receive
TANF assistance. Provides that an individual who is ineligible to
receive assistance may reapply for assistance under the TANF program
on the earlier of: (1) six months after the date the individual tested
positive for a controlled substance if, before the individual reapplies for
assistance, the individual tests negative for the use of a controlled
substance; or (2) the date the individual complies with and completes
a drug abuse treatment program. Requires the department of workforce
development to develop a program to randomly test individuals
applying for or receiving benefits under the unemployment insurance
program for the use of a controlled substance. Establishes similar
requirements as those established for the testing under the TANF
program.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Chapter 30. Drug Testing Under the Temporary Assistance for Needy Families Program
Sec. 1. This chapter applies to an individual who:
(1) is at least eighteen (18) years of age; and
(2) applies for or receives assistance under the TANF program.
Sec. 2. (a) The division shall establish a program in accordance with this chapter to randomly test individuals who apply for or receive assistance under the TANF program. The program must provide for the random testing of such individuals for the use of
controlled substances.
(b) The division shall develop and implement a program under
this chapter that includes the following:
(1) Testing individuals described in subsection (a) under the
TANF program.
(2) A urinalysis test.
(3) An appeals process for individuals.
(c) A county office may administer additional tests for the use
of a controlled substance to an individual who is eligible for
assistance under the TANF program if the individual:
(1) is arrested or indicted on charges involving the illegal use
of a controlled substance; or
(2) has tested positive for use of a controlled substance under
this chapter.
Sec. 3. (a) If an individual who is tested for a controlled
substance under this chapter:
(1) tests positive for the presence of the controlled substance
in the individual's body; and
(2) does not possess a valid prescription for the controlled
substance;
the individual is, after an administrative hearing under IC 4-21.5,
ineligible to receive assistance under the TANF program.
(b) An individual who refuses to take a test required under this
chapter without good cause is ineligible to receive assistance under
the TANF program.
Sec. 4. An individual tested for the use of a controlled substance
under this chapter is not considered to have tested positive for the
presence of a controlled substance in the individual's body until the
sample obtained from the original test has been retested to rule out
a false positive.
Sec. 5. An individual who is ineligible to receive assistance under
section 3 of this chapter may reapply for assistance under the
TANF program on the earlier of the following:
(1) Six (6) months after the date the individual tested positive
for a controlled substance under section 3(a) of this chapter
or refused to take a test under section 3(b) of this chapter if,
before the individual reapplies for assistance, the individual
tests negative for the use of a controlled substance.
(2) The date the individual complies with and completes a
drug abuse treatment program.
Sec. 6. A dependent child's eligibility for assistance under the
TANF program is not affected by this chapter.
Sec. 7. The division or county office may contract with a private or public entity or an individual to perform testing for controlled substances required under this chapter.
Sec. 8. The division shall adopt rules under IC 4-22-2 necessary to implement this chapter.
(b) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to secure full-time work;
(4) participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services under a profiling system established by the department, unless the department determines that:
(A) the individual has completed the reemployment services; or
(B) failure by the individual to participate in or complete the reemployment services is excused by the director under IC 22-4-14-2(b); and
(5) agrees to submit, if requested, to random testing for the use of a controlled substance as described under section 12 of this chapter.
The term "effort to secure full-time work" shall be defined by the department through rule which shall take into consideration whether such individual has a reasonable assurance of reemployment and, if so, the length of the prospective period of unemployment. However, if an otherwise eligible individual is unable to work or unavailable for work on any normal work day of the week the individual shall be eligible to receive benefits with respect to such week reduced by one-third (1/3)
of the individual's weekly benefit amount for each day of such inability
to work or unavailability for work.
(c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or
instrumentality of the United States, in charge of public works or
assistance through public employment, or any unit, agency, or
instrumentality of this state, or any political subdivision thereof,
in charge of any public works or assistance through public
employment;
(2) that such individual is in full-time active military service of
the United States, or is enrolled in civilian service as a
conscientious objector to military service;
(3) that such individual is suspended for misconduct in
connection with the individual's work; or
(4) that such individual is in attendance at a regularly established
public or private school during the customary hours of the
individual's occupation or is in any vacation period intervening
between regular school terms during which the individual is a
student. However, this subdivision does not apply to any
individual who is attending a regularly established school, has
been regularly employed and upon becoming unemployed makes
an effort to secure full-time work and is available for suitable
full-time work with the individual's last employer, or is available
for any other full-time employment deemed suitable.
(d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible individual shall be denied benefits
for any week because the individual is in training with the approval of
the department, nor shall such individual be denied benefits with
respect to any week in which the individual is in training with the
approval of the department by reason of the application of the
provisions of this section with respect to the availability for work or
active search for work or by reason of the application of the provisions
of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept,
suitable work. The department shall by rule prescribe the conditions
under which approval of such training will be granted.
(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible individual shall not be denied benefits for any week
or determined not able, available, and actively seeking work, because
the individual is responding to a summons for jury service. The
individual shall:
(1) obtain from the court proof of the individual's jury service; and
(2) provide to the department, in the manner the department prescribes by rule, proof of the individual's jury service.
(b) The department shall develop and implement a program under this section that includes the following:
(1) Testing individuals described in subsection (a) under the unemployment insurance program.
(2) A urinalysis test.
(3) An appeals process for individuals.
(c) The department may administer additional tests for the use of a controlled substance to an individual who is eligible for benefits if the individual:
(1) is arrested or indicted on charges involving the illegal use of a controlled substance; or
(2) has tested positive for use of a controlled substance under this section.
(d) If an individual who is tested for a controlled substance under this section:
(1) tests positive for the presence of the controlled substance in the individual's body; and
(2) does not possess a valid prescription for the controlled substance;
the individual is, after an administrative hearing under IC 4-21.5, ineligible to receive benefits.
(e) An individual who refuses to take a test required under this section without good cause is ineligible to receive benefits.
(f) An individual tested for the use of a controlled substance under this chapter is not considered to have tested positive for the presence of a controlled substance in the individual's body until the sample obtained from the original test has been retested to rule out a false positive.
(g) An individual who is ineligible to receive benefits under subsection (d) or (e) may reapply for benefits on the earlier of the following:
(1) Six (6) months after the date the individual tested positive for a controlled substance under subsection (d) or refuses to take a test under subsection (e) if, before the individual reapplies for benefits, the individual tests negative for the use of a controlled substance.
(2) The date the individual complies with and completes a drug abuse treatment program.
(h) The department may contract with a private or public entity or an individual to perform testing for controlled substances required under this section.
(i) The department shall adopt rules under IC 4-22-2 necessary to implement this section.
