HB 1007-3_ Filed 01/27/2012, 07:06 Dvorak


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1007 be amended to read as follows:

SOURCE: Page 2, line 29; (12)MO100705.2. -->     Page 2, line 29, delete "UNDER THE TEMPORARY".
    Page 2, delete line 30.
    Page 9, between lines 34 and 35, begin a new paragraph and insert:
    " Chapter 7. Drug and Alcohol Testing for Legislators
    Sec. 1. This chapter applies to a member of the general assembly who:
        (1) is serving 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, "alcohol" has the meaning set forth in IC 9-24-6-0.3.
    Sec. 3. As used in this chapter, "alcohol concentration equivalent" has the meaning set forth in IC 9-13-2-2.4.
    Sec. 4. As used in this chapter, "body" refers to either of the following:
        (1) The house of representatives.
        (2) The senate.
    Sec. 5. 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. 6. As used in this chapter, "legislative council" refers to the legislative council created under IC 2-5-1.1-1.
    Sec. 7. 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. 8. (a) A member of the general assembly shall consent to the following testing once during each year that the member serves in the general assembly:
        (1) A drug test to determine the presence of a controlled substance.
        (2) A breath test administered randomly to determine the member's alcohol concentration equivalent.
    (b) A drug test administered under subsection (a)(1) must be performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory.
    (c) A breath test administered under subsection (a)(2) must be conducted using a breath test operator, equipment, chemicals, and techniques approved in accordance with IC 9-30-6-5 and rules adopted under IC 9-30-6-5. The breath test must be administered:
        (1) after the day in January the general assembly reconvenes under IC 2-2.1-1-2 or IC 2-2.1-1-3; and
        (2) before the day the general assembly adjourns sine die under IC 2-2.1-1-2 or IC 2-2.1-1-3.
    Sec. 9. The legislative council shall establish and administer the testing program required under section 8 of this chapter.
    Sec. 10. (a) Each member of the general assembly shall reimburse the legislative council for the costs of a drug or breath test administered under this chapter.
    (b) If a member fails to reimburse the legislative council under this section, the member may be disciplined or 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.
    Sec. 11. If:
        (1) a member refuses to consent to a drug or breath test under section 8(a) of this chapter; or
        (2) a finding is made by the member's chamber that the member has:
            (A) tested positive on a drug test; or
            (B) received an alcohol concentration equivalent result on a breath test that is greater than the alcohol concentration equivalent required for a conviction of operating a vehicle while intoxicated under IC 9-30-5;
the member may be disciplined or 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.
    Sec. 12. The legislative council's records concerning the results of a drug or breath test under this chapter may not be admitted against a defendant in a criminal proceeding.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1007 as printed January 25, 2012.)

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Representative Dvorak


MO100705/DI 102     2012