HB 1007-3_ Filed 01/27/2012, 07:06 Dvorak
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
(1) is serving on June 30, 2012; or
(2) is elected or appointed to the general assembly after June
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
(1) The house of representatives.
(2) The senate.
Sec. 5. As used in this chapter, "chamber" refers to either of the
(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
(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
(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
(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
(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.)
MO100705/DI 102 2012