April 5, 2013





ENGROSSED

HOUSE BILL No. 1483

_____


DIGEST OF HB 1483 (Updated April 4, 2013 11:31 am - DI 58)



Citations Affected: IC 12-7; IC 12-13; IC 12-14.

Synopsis: Drug testing of recipients of assistance. Requires the office of the secretary of family and social services (office) to administer a
(Continued next page)

Effective: July 1, 2013.





McMillin, VanNatter, Kubacki, Frizzell, Ubelhor, Goodin, Morrison, Lehe, Arnold L, Bacon, Baird, Brown T, Burton, Cherry, Clere, Culver, DeVon, Eberhart, Friend, Harman, Heaton, Kirchhofer, Koch, Lehman, Leonard, Lucas, Lutz, McNamara, Morris, Negele, Pond, Richardson, Smaltz, Smith M, Speedy, Steuerwald, Thompson, Turner, Zent
(SENATE SPONSORS _ HEAD, KRUSE, MISHLER)




    January 22, 2013, read first time and referred to Committee on Family, Children and Human Affairs.
    February 14, 2013, amended, reported _ Do Pass. Referred to Committee on Ways and Means pursuant to Rule 127.
    February 19, 2013, reported _ Do Pass.
    February 21, 2013, read second time, amended, ordered engrossed.
    February 22, 2013, engrossed.
    February 25, 2013, read third time, passed. Yeas 78, nays 17.

SENATE ACTION

    February 27, 2013, read first time and referred to Committee on Health and Provider Services.
    March 14, 2013, amended, reported favorably _ Do Pass; reassigned to Committee on Appropriations.
    April 4, 2013, amended, reported favorably _ Do Pass.





Digest Continued

drug testing program (program) for individuals who are receiving TANF assistance or receiving TANF assistance on behalf of a child. Establishes requirements for the program and ineligibility penalties. Requires the office to collect data to assess and avoid discrimination in the program. Requires an owner, vendor, or third party processor of an automated teller machine or point of sale terminal to disable access to electronic cash assistance benefits in specified prohibited locations. Requires the division of family resources to assist owners, vendors, and third party processors in carrying out this provision. Makes it a Class B infraction for a person to violate these provisions.



April 5, 2013

First Regular Session 118th General Assembly (2013)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1483



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-7-2-43.3; (13)EH1483.2.1. -->     SECTION 1. IC 12-7-2-43.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 43.3. "Controlled substance", for purposes of IC 12-14-5.4 and this chapter, has the meaning set forth in IC 35-48-1-9.
SOURCE: IC 12-7-2-189.9; (13)EH1483.2.2. -->     SECTION 2. IC 12-7-2-189.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 189.9. "TANF assistance", for purposes of IC 12-14-5.4, means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
SOURCE: IC 12-7-2-190.1; (13)EH1483.2.3. -->     SECTION 3. IC 12-7-2-190.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 190.1. "Tests negative" or "testing negative", for purposes of IC 12-14-5.4, means that an individual:
        (1) tests negative for the use of a controlled substance in the

individual's body; or
        (2) tests positive for the use of a controlled substance 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.

SOURCE: IC 12-7-2-190.2; (13)EH1483.2.4. -->     SECTION 4. IC 12-7-2-190.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 190.2. "Tests positive" or "testing positive", for purposes of IC 12-14-5.4, means an individual:
        (1) tests positive for the presence of a controlled substance 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.

SOURCE: IC 12-13-14-4.5; (13)EH1483.2.5. -->     SECTION 5. IC 12-13-14-4.5, AS AMENDED BY P.L.3-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Except as provided in this section, the division may distribute cash assistance benefits to a person who is eligible for assistance under the Title IV-A assistance program though an automated teller machine or a point of sale terminal that is connected to the EBT system.
    (b) The following establishments shall post a sign next to each automated teller machine or point of sale terminal located on the premises informing a potential user that the automated teller machine or point of sale terminal may not be used to receive cash assistance benefits under the Title IV-A assistance program:
        (1) A horse racing establishment:
            (A) where the pari-mutuel system of wagering is authorized; and
            (B) for which a permit is required under IC 4-31-5.
        (2) A satellite facility:
            (A) where wagering on horse racing is conducted; and
            (B) for which a license is required under IC 4-31-5.5.
        (3) An allowable event required to be licensed by the Indiana gaming commission under IC 4-32.2.
        (4) A riverboat or other facility required to be licensed by the Indiana gaming commission under IC 4-33.
        (5) A store or other establishment:
            (A) where the primary business is the sale of firearms (as defined in IC 35-47-1-5); and
            (B) that sells handguns for which a license to sell handguns is required under IC 35-47-2.
        (6) A store or other establishment where the primary business is the sale of alcoholic beverages for which a permit is required under IC 7.1-3.
        (7) An adult entertainment establishment.
    (c) An:
        (1) establishment that does not post the sign required under subsection (b); or
        (2) individual who attempts to use an automated teller machine or point of sale terminal with a sign posted as required under subsection (b) to access cash assistance benefits under the Title IV-A assistance program in violation of subsection (b);
commits a Class C misdemeanor.
     (d) The owner, vendor, or third party processor of an automated teller machine or point of sale terminal shall disable or have disabled access to electronic cash assistance benefits in a location described in subsection (b) unless the location has been approved by the federal Food and Nutrition Services. The division shall provide assistance to an owner, vendor, or third party processor under this subsection. A person that violates this subsection commits a Class B infraction.
    (d) (e) The division shall adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-14-5.4; (13)EH1483.2.6. -->     SECTION 6. IC 12-14-5.4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
    Chapter 5.4. Drug Testing Program
    Sec. 1. This chapter applies to an individual who:
        (1) is eligible to receive TANF assistance or who receives TANF assistance on behalf of a child; and
        (2) is at least eighteen (18) years of age.
    Sec. 2. (a) The office of the secretary shall develop and establish a program in accordance with this chapter to test for the illegal use of a controlled substance by an individual described in section 1 of this chapter.
    (b) The office of the secretary shall implement a program established in accordance with this chapter not later than July 1, 2014.
    Sec. 3. An individual described in section 1 of this chapter shall

take a substance abuse subtle screening inventory test administered in written or electronic form by a county office.
    Sec. 4. A county office shall provide the following information in writing to an individual described in section 1 of this chapter at the time the individual applies for TANF assistance:
        (1) The individual is required to take a written or electronic substance abuse subtle screening inventory test.
        (2) The individual may be subject to random drug testing based on the results of the test described in subdivision (1).
        (3) The individual may be subject to drug testing if the county office believes, based on reasonable suspicion as set forth in section 5 of this chapter, that the individual is engaged in the illegal use of a controlled substance.
        (4) If the individual tests positive on a drug test administered under this chapter, the individual or the child on whose behalf the individual receives TANF assistance may be ineligible for TANF assistance.
        (5) If the individual tests positive on a drug test administered under this chapter, the amount of the cost of the drug test will be withheld from any future TANF assistance the individual receives if the individual continues to receive TANF assistance.
        (6) If the individual tests positive on a drug test administered under this chapter, the amount of the cost of any subsequent drug test the individual is required to undergo will be withheld from the TANF assistance the individual receives, if the individual continues to receive TANF assistance, regardless of whether the individual tests positive or tests negative on the subsequent drug test.
    Sec. 5. (a) A county office is considered to have reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance if one (1) or more of the following apply:
        (1) The individual has been charged with an offense under IC 35-48 (controlled substances).
        (2) The results of the substance abuse subtle screening inventory test indicate that the individual is a risk for the illegal use of a controlled substance.
        (3) The individual has previously failed a drug test administered under this chapter.
    (b) If a county office has knowledge that an individual has been formally charged with an offense described in subsection (a)(1), the county office shall administer a drug test to the individual.


    (c) If a county office has reasonable suspicion to believe from the results of a substance abuse subtle screening inventory test that an individual is engaged in the illegal use of a controlled substance, the individual shall be placed in a pool of individuals who are subject to drug testing described in section 6 of this chapter.
    (d) If a county office has reasonable suspicion to believe that an individual is engaged in the illegal use of a controlled substance as the result of failing a drug test administered under this chapter, the individual shall be placed in a pool of individuals who are subject to random drug testing as described in section 7 of this chapter.
    Sec. 6. The office of the secretary shall administer a drug test to at least fifty percent (50%) of the pool of individuals described in section 5(c) of this chapter. An individual may not be tested more than once under this section.
    Sec. 7. The office of the secretary shall administer random drug tests to fifty percent (50%) of the pool of individuals described in section 5(d) of this chapter each month.
    Sec. 8. A county office shall provide a list of drug abuse treatment programs to any individual who tests positive under this chapter.
    Sec. 9. (a) An individual who tests positive under this chapter and provides evidence that the individual is participating in a drug abuse treatment program shall continue to receive TANF assistance. However, the office of the secretary shall
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) not later than four (4) months after the date the office of the secretary begins testing the individual regularly under subsection (a):
        (1) the individual; or
        (2) any child on whose behalf the individual receives TANF assistance;
is ineligible to receive TANF assistance for three (3) months from the date the office of the secretary determines that the individual is unable to test negative on two (2) consecutive drug tests as described in subsection (a).
    (c) If an individual:
        (1) tests positive under this chapter; and
        (2) fails to provide, not later than thirty (30) days after the date the individual tests positive, evidence that the individual

is participating in or on a waiting list to participate in a drug abuse treatment program;
the individual or any child on whose behalf the individual receives TANF assistance is ineligible to receive TANF assistance for three (3) months after the thirty (30) day period described in subdivision (2).
    (d) An individual who is ineligible under subsection (b) or (c) 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.
    (e) If an individual described in subsection (d) tests positive on the drug test administered for the TANF reapplication process, the following apply:
        (1) Except as provided in subdivision (3), the individual is ineligible to receive TANF assistance for the individual.
        (2) Except as provided in subdivision (3), 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.
        (3) After becoming ineligible under subdivision (1) and (2), an individual may establish eligibility to receive TANF, including eligibility for a child on whose behalf the individual would receive TANF, if the individual satisfies the following requirements:
            (A) At the time the individual reapplies to receive TANF, the individual provides evidence that the individual has completed a drug treatment program.
            (B) The individual tests negative in two (2) consecutive drug tests. The office of the secretary shall administer the first drug test to the individual at the time of the TANF reapplication and the second drug test at least twenty (20) days and not more than thirty (30) days after the date of the first drug test.
    Sec. 10. (a) An individual who:
        (1) reapplies for TANF assistance under section 9(d) of this chapter; and
        (2) is eligible to receive TANF assistance;
is subject to random drug testing as described in subsection (b) for as long as the individual receives TANF assistance.
    (b) The office of the secretary shall administer random drug tests to fifty percent (50%) of the pool of individuals described in

subsection (a) each month.
    (c) Section 9 of this chapter applies to an individual described in subsection (a) who tests positive on a subsequent drug test administered in accordance with this section.
    Sec. 11. (a) If an individual:
        (1) is ineligible to receive TANF assistance under this chapter;
        (2) was not a parent or guardian of 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 chapter if the child meets all the other eligibility requirements to receive TANF assistance.
    (b) An individual described in subsection (a) is subject to random drug testing as described in section 10(b) of this chapter for as long as the individual receives TANF assistance on behalf of the child.
    (c) If an individual described under subsection (a) tests positive on a drug test administered by the office of the secretary, 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. 12. If an individual refuses to take a substance abuse subtle screening inventory test or drug test under this chapter, the following apply:
        (1) The individual is ineligible to receive TANF assistance.
        (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. 13. (a) Except as provided in subsections (b) and (c), the office of the secretary shall pay the costs of a drug test administered under this chapter.
    (b) If an individual tests positive on a drug test administered under this chapter, the office of the secretary shall withhold the amount of the cost of the drug test from the next payment of TANF assistance the individual receives if the individual receives TANF assistance.
    (c) If an individual tests positive on a drug test administered

under this chapter, the office of the secretary shall withhold the
amount of the cost of any subsequent drug tests that the individual is required to undergo from the next payment of TANF assistance the individual receives if that individual receives TANF assistance.
    Sec. 14. (a) This chapter is subject to administrative hearing procedures under IC 4-21.5.
    (b) The program under this chapter must include an appeals process for individuals.
    Sec. 15. A drug test administered under the program must be performed by a:
        (1) SAMHSA (as defined in IC 22-10-15-3) clinical laboratory; or
        (2) clinical laboratory holding a federal Clinical Laboratory Improvement Act (CLIA) certificate or a CLIA certificate of accreditation.
    Sec. 16. The office of the secretary shall notify the department of child services regarding a child who is ineligible for TANF assistance under this chapter.
    Sec. 17. 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. 18. The office of the secretary shall collect data to assess and ensure that there is no discrimination based on race, ethnicity, or sex regarding the pool of individuals who are drug tested under the program established under this chapter.
     Sec. 19. The office of the secretary may adopt rules under IC 4-22-2 necessary to implement this article.