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.
January 23, 2003, read first time and referred to Committee on Human Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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.