Introduced Version
HOUSE BILL No. 1392
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-14-29; IC 12-20-5.5-7.
Synopsis: Drug testing of welfare recipients. Requires development
of a drug abuse testing program for applicants and recipients of
nonmedical assistance from the federal Temporary Assistance for
Needy Families (TANF), a county office of family and children, or a
township trustee.
Effective: July 1, 2004.
Lehe, Koch, Neese
January 20, 2004, read first time and referred to Committee on Public Health.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1392
A BILL FOR AN ACT to amend the Indiana Code concerning
welfare.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-72; (04)IN1392.1.1. -->
SECTION 1. IC 12-7-2-72 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 72. "Drug abuse", for
purposes of IC 12-14-29, IC 12-20-5.5, 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; (04)IN1392.1.2. -->
SECTION 2. IC 12-14-29 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 29. Drug Abuse Testing
Sec. 1. (a) The division shall establish a random drug abuse
testing program as a condition for individuals applying for or
receiving nonmedical financial assistance from the following:
(1) The federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 260 et seq.).
(2) A county office.
(b) An individual who is at least sixty-five (65) years of age is
exempt from drug abuse testing under this section.
Sec. 2. The division shall develop and implement a drug abuse
testing program under this chapter that includes the following:
(1) Testing of randomly selected recipients of and applicants
for:
(A) the federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 260 et seq.); and
(B) other nonmedical financial assistance through a county
office.
(2) A urinalysis test.
(3) An appeals process for applicants and recipients.
(4) A method of determining a percentage of loss per month
for four (4) months of benefits under the federal Temporary
Assistance for Needy Families (TANF) program (45 CFR 260
et seq.) or other benefits through a county office for a
recipient that refuses to submit to a drug test.
Sec. 3. An applicant or recipient tested under this chapter is not
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 must agree to
participate in drug abuse assessment and comply with a required
drug abuse treatment plan.
Sec. 5. (a) An applicant for nonmedical financial assistance
under the federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 260 et seq.) or other nonmedical
financial assistance from a county office 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 nonmedical benefits under the federal
Temporary Assistance for Needy Families (TANF) program (45
CFR 260 et seq.) or other nonmedical financial assistance through
a county office.
(b) A recipient who refuses to submit to random drug testing
loses a percentage of the recipient's nonmedical benefits
determined by the division under section 2(4) of this chapter. After
four (4) months of refusing to submit to a drug abuse test, the
division shall deny nonmedical benefits under the federal
Temporary Assistance for Needy Families (TANF) program (45
CFR 260 et seq.) and other nonmedical financial assistance through
a county office to the recipient.
Sec. 6. The division may adopt rules under IC 4-22-2 necessary
to implement this chapter.
Sec. 7. This chapter does not apply to financial assistance
received from the federal Food Stamp Program (7 U.S.C. 2011 et
seq.).
SOURCE: IC 12-20-5.5-7; (04)IN1392.1.3. -->
SECTION 3. IC 12-20-5.5-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 7. (a) The township trustee shall establish a random
drug abuse testing program as a condition for individuals applying
for or receiving nonmedical township assistance under this article.
(b) The township trustee shall develop and implement a drug
abuse testing program under this section that includes the
following:
(1) Testing of randomly selected recipients and applicants of
nonmedical township assistance.
(2) A urinalysis test.
(3) An appeals process for applicants and recipients.
(4) A method of determining a percentage of loss per month
for four (4) months of township assistance for a recipient that
refuses to submit to a drug test.
(c) An applicant or recipient tested under this section is not
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.
(d) An individual who tests positive for drug abuse under this
section must agree to participate in drug abuse assessment and
comply with a required drug abuse treatment plan.
(e) An applicant for nonmedical township assistance who:
(1) refuses to take a drug test required under this section
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 nonmedical township assistance under this
article.
(f) A recipient who refuses to submit to random drug testing
shall lose a percentage of the recipient's benefits determined by the
township trustee under subsection (b)(4). After four (4) months of
refusing to submit to a drug abuse test, the township trustee shall
deny nonmedical township assistance to the recipient.
(g) An individual who is at least sixty-five (65) years of age is
exempt from drug abuse testing under this section.
(h) The township trustee may adopt rules necessary to
implement this chapter.