Introduced Version






HOUSE BILL No. 1866

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-7-2-72 ; IC 12-14-29.

Synopsis: Drug testing of TANF applicants and recipients. Requires the division of family and children to require drug abuse testing for applicants and recipients of the federal Temporary Assistance for Needy Families (TANF) program. Exempts individuals 65 years of age or older from drug abuse testing. Establishes a procedure for retesting to protect from false positive tests. Requires a TANF applicant or recipient who tests positive to agree to participate in a drug abuse assessment and required drug abuse treatment plan.

Effective: July 1, 2003.





Koch, Neese, Thomas




    January 23, 2003, read first time and referred to Committee on Human Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


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HOUSE BILL No. 1866



    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 12-7-2-72; (03)IN1866.1.1. -->     SECTION 1. IC 12-7-2-72 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 72. "Drug abuse", for purposes of IC 12-14-29 and IC 12-23, means:
        (1) psychological or physical dependence on the effect of drugs or harmful substances; or
        (2) abuse of the use of drugs or harmful substances;
that is harmful to the individual or society.
SOURCE: IC 12-14-29; (03)IN1866.1.2. -->     SECTION 2. IC 12-14-29 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 29. Drug Abuse Testing Under Temporary Assistance for Needy Families
    Sec. 1. (a) Except as provided under subsection (b), the division shall require drug abuse testing, including random drug abuse testing, as a condition of eligibility for:
        (1) an applicant for; or
        (2) recipient of;
assistance under the federal Temporary Assistance for Needy Families (TANF) program.
    (b) An individual who is at least sixty-five (65) years of age is exempt from drug abuse testing under subsection (a).
    Sec. 2. The division shall develop and implement a drug abuse testing program under this chapter that includes the following:
        (1) Testing an applicant before the individual is eligible to receive benefits under TANF.
        (2) Beginning July 1, 2003, testing twenty percent (20%) of TANF recipients selected randomly by the division at least every six (6) months.
        (3) A urinalysis test.
        (4) An appeals process for applicants and recipients.
        (5) Determining a percentage of loss per month for four (4) months of TANF benefits for a recipient that refuses to submit to a drug test.
    Sec. 3. An applicant or recipient tested under this chapter must not be considered to have tested positive for drug abuse until the sample obtained from the original test has been retested to rule out a false positive by:
        (1) gas chromatography with mass spectrometry;
        (2) gas chromatography;
        (3) high performance liquid chromatography; or
        (4) an equal or more specific test.
    Sec. 4. An individual described in section 1 of this chapter who tests positive for drug abuse under this chapter shall agree to participate in drug abuse assessment and comply with a required drug abuse treatment plan.
    Sec. 5. (a) An applicant for TANF who:
        (1) refuses to take a drug test required under this chapter without good cause; or
        (2) fails to comply with a drug abuse assessment or treatment plan within two (2) months after receipt of the assessment or plan;
is not eligible to receive benefits under the TANF program.
    (b) A recipient who refuses to submit to random drug testing shall lose a percentage of the recipient's benefits determined by the division under section 2(5) of this chapter. After four (4) months of refusing to submit to a drug abuse test, the division shall deny TANF benefits to the recipient.
    Sec. 6. The division may adopt rules under IC 4-22-2 necessary to implement this chapter.