April 6, 2007





ENGROSSED

HOUSE BILL No. 1608

_____


DIGEST OF HB 1608 (Updated April 4, 2007 11:46 am - DI 102)



Citations Affected: IC 4-13; IC 5-16; IC 36-1.

Synopsis: Drug testing of public works contractor's employees. Reenacts the statute that requires the employees of public works contractors to submit to drug testing so that the statute applies to public works contracts of all public entities. Repeals the current drug testing statute. Specifies requirements for a contractor's employees drug testing program. Requires that a contractor's program be certified by and actively report test results to Construction Safe Site. Provides that a contract that complied with the current statute is considered to comply with the new statute.

Effective: July 1, 2007.





Van Haaften , Crouch
(SENATE SPONSORS _ HERSHMAN, DEIG)




    January 23, 2007, read first time and referred to Committee on Labor and Employment.
    February 8, 2007, amended, reported _ Do Pass.
    February 15, 2007, read second time, amended, ordered engrossed.
    February 16, 2007, engrossed.
    February 22, 2007, read third time, passed. Yeas 88, nays 9.

SENATE ACTION

    February 27, 2007, read first time and referred to Committee on Pensions and Labor.
    April 5, 2007, amended, reported favorably _ Do Pass.






April 6, 2007

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1608



    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.

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

SOURCE: IC 5-16-12; (07)EH1608.1.1. -->     SECTION 1. IC 5-16-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 12. Drug Testing of Employees of Public Works Contractors
    Sec. 1. (a) This chapter applies only to a public works contract awarded after June 30, 2007.
    (b) This chapter does not apply to a public works contract when the estimated cost of the public works project is less than one hundred fifty thousand dollars ($150,000).
    (c) This chapter does not apply to a person who is subject to drug testing requirements under IC 8-2.1-24-18.
    Sec. 2. A public works contract awarded before July 1, 2007, that complied with IC 4-13-18 (before its repeal), is considered to comply with this chapter.
    Sec. 3. As used in this chapter, "bid" includes a quotation.
    Sec. 4. As used in this chapter, "Construction Safe Site" refers

to the Construction Safe Site program established and operated by the Metropolitan Indianapolis Coalition for Construction Safety.
    Sec. 5. (a) As used in this chapter, "contractor" refers to a person that:
        (1) submits a bid to do work under a public works contract; or
        (2) does any work under a public works contract.
    (b) The term includes a subcontractor of a contractor.
    Sec. 6. As used in this chapter, "employee" means a person who is employed by:
        (1) a contractor; or
        (2) a labor union that is a signatory with a contractor.
    Sec. 7. As used in this chapter, "public money" means any money raised by fees, taxes, or special assessments imposed by an entity created by statute.
    Sec. 8. As used in this chapter, "public works contract" refers to a contract to perform a public works project.
    Sec. 9.
(a) As used in this chapter, "public works project" means the construction, reconstruction, alteration, or renovation of a public building, facility, or other structure that is paid for, in whole or in part, from public money.
    (b) The term includes any of the following:
        (1) The construction, alteration, or repair of:
            (A) a highway, street, alley, bridge, sewer, drain, or other improvement; or
            (B) a building, facility, or other structure leased by an entity created by statute under a lease containing an option to purchase.
        (2) A project covered by any of the following:
            (A) IC 4-13.6.
            (B) IC 5-16.
            (C) IC 5-23.
            (D) IC 8-23-9.
            (E) IC 36-1-12.
    Sec. 10. (a) A solicitation for a public works contract must require each contractor that submits a bid for the work to submit with the bid:

         (1) a statement that the contractor has an existing drug testing program that complies with this chapter; or
        (2) a statement that the contractor's drug testing program has been prequalified under subsection (c).
    (b) A public works contract may not be awarded to a contractor

that:
        (1) is not prequalified under subsection (c); or
        (2) that does not submit within three (3) days after the bid opening a written plan for an employee drug testing program that complies with this chapter.
    (c) An agency that has a prequalification process for contractors must require a contractor seeking a certificate of qualification to demonstrate that the contractor maintains an employee drug testing program that satisfies the requirements listed in section 11 of this chapter.
    Sec. 11. (a) A contractor's employee drug testing program must satisfy all of the following:
        (1) The contractor's employees must be randomly selected for testing with not more than twelve (12) hours notice given to the employees before the employees take the test. All employees must be included in the pool from which names randomly are selected for drug tests. A contractor must test not less than fifty percent (50%) of the contractor's employees each year.
        (2) The program must contain at least a five (5) drug panel that tests for the following:
            (A) Amphetamines.
            (B) Cocaine.
            (C) Opiates (2000 ng/ml).
            (D) PCP.
            (E) THC.
        (3) The program uses as the applicable cutff levels for positive test results the levels set forth in the federal Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 40.87).
        (4) The program:
            (A) must be certified by; and
            (B) must actively report employee test results to;
        Construction Safe Site. An employee must be listed as available for work through Construction Safe Site in order for the employee to be used on a public works project.
        (5) The program imposes disciplinary measures on an employee who fails a drug test. The disciplinary measures must include, at a minimum, all of the following:
            (A) The employee is subject to suspension or immediate termination from employment.
            (B) The employee is not eligible for reinstatement to

employment until the employee tests negative on a five (5) drug panel test certified by a medical review officer.
            (C) The employee is subject to unscheduled random testing for not less than one (1) year after reinstatement to employment.
            (D) The employee successfully completes a rehabilitation program recommended by a substance abuse professional if the employee fails more than one (1) drug test.
        (6) After June 30, 2009, a contractor's drug testing program must contain the additional requirement that a construction employee:
            (A) must have successfully passed an initial or pre-employment drug test; and
            (B) possess an identification card from the drug testing program that indicates that the employee         is available for work;
        before being eligible to work for the contractor.
    (b) A contractor complies with the requirement of subsection (a) to direct an employee to a program of treatment or rehabilitation if the contractor does either of the following:
        (1) Advises the employee of any program of treatment or rehabilitation covered by insurance provided by the contractor.
        (2) If the contractor does not provide insurance that covers drug treatment or rehabilitation programs, the contractor advises the employee of agencies known to the contractor that provide drug treatment or rehabilitation programs.
    Sec. 12. (a) The public works contract must provide for the following:
        (1) That the contractor implement the employee drug testing program described in section 11 of this chapter.
        (2) Cancellation of the contract by the agency awarding the contract if the contractor:
            (A) fails to implement its employee drug testing program during the term of the contract;
            (B) fails to provide information regarding implementation of the contractor's employee drug testing program at the request of the agency; or
            (C) provides to the agency false information regarding the contractor's employee drug testing program.
    (b) The provisions of the public works contract relating to cancellation of the contract by the agency awarding the contract

apply to cancellation of the public works contract under this section.

SOURCE: IC 36-1-12-15; (07)EH1608.1.2. -->     SECTION 2. IC 36-1-12-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. (a) A contract by the board for public work must conform to all of the following:
        (1)
The wage scale provisions of IC 5-16-7.
    (b) A contract by the board for public work must conform with
         (2) The antidiscrimination provisions of IC 5-16-6. The board may consider a violation of IC 5-16-6 a material breach of the contract, as provided in IC 22-9-1-10.
         (3) The employee drug testing provisions of IC 5-16-12.
SOURCE: IC 4-13-18; (07)EH1608.1.3. -->     SECTION 3. IC 4-13-18 IS REPEALED [EFFECTIVE JULY 1, 2007].