HB 1007-2_ Filed 01/27/2012, 07:05 Brownc


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1007 be amended to read as follows:

SOURCE: Page 1, line 1; (12)MO100706.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-28-36; (12)MO100706.1. -->     "SECTION 1. IC 5-28-36 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 36. Drug Testing of Recipients of Economic Development Grants, Loans, or Tax Credits
    Sec. 1. This chapter applies to a recipient of a loan, grant, or tax credit from the state after June 30, 2012.
    Sec. 2. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1-9.
    Sec. 3. As used in this chapter, "grant" refers to a grant given by the corporation.
    Sec. 4. As used in this chapter, "loan":
        (1) refers to a loan made by the corporation, regardless of whether the loan is forgivable; and
        (2) includes a loan guarantee made by the corporation.
    Sec. 5. As used in this chapter, "responsible officer" means:
        (1) An individual, if the recipient is an individual.
        (2) The managing partner, if the recipient is a partnership.
        (3) The chief executive officer, if the recipient is a corporation.
        (4) The individual who serves as the chief administrative officer in the management, control, and operation of the

business and affairs of the entity, if the recipient is any other entity.
    Sec. 6. As used in this chapter, "tax credit" means a state tax liability credit under any of the following:
        (1) IC 6-3.1-4 (research expense credit).
        (2) IC 6-3.1-7 (enterprise zone loan interest credit).
        (3) IC 6-3.1-10 (enterprise zone investment tax credit).
        (4) IC 6-3.1-11 (industrial recovery tax credit).
        (5) IC 6-3.1-13 (economic development for a growing economy tax credit).
        (6) IC 6-3.1-13.5 (capital investment tax credit).
        (7) IC 6-3.1-17 (Indiana riverboat building credit).
        (8) IC 6-3.1-19 (community revitalization enhancement district tax credit).
        (9) IC 6-3.1-23 (voluntary remediation tax credit).
        (10) IC 6-3.1-24 (venture capital investment tax credit).
        (11) IC 6-3.1-25.2 (coal combustion product tax credit).
        (12) IC 6-3.1-26 (Hoosier business investment tax credit).
        (13) IC 6-3.1-27 (blended biodiesel tax credit).
        (14) IC 6-3.1-28 (ethanol production tax credit).
        (15) IC 6-3.1-29 (coal gasification technology investment tax credit).
        (16) IC 6-3.1-30 (headquarters relocation tax credit).
        (17) IC 6-3.1-31.9 (Hoosier alternative fuel vehicle manufacturer tax credit).
        (18) IC 6-3.1-32 (media production expenditure tax credit).
        (19) IC 6-3.1-33 (new employer tax credit).
    Sec. 7. As used in this chapter, "tests positive" means an individual:
        (1) tests positive for the presence of a controlled substance; 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.
    Sec. 8. (a) As a condition of receiving a loan, grant, or tax credit from the state, the responsible officer of a recipient of a loan, grant, or tax credit shall consent to a drug test to determine the presence of a controlled substance.
    (b) The drug test administered under subsection (a) must be performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory.
    (c) A recipient must comply with this section each year that the recipient receives a loan, grant, or tax credit from the state.
    Sec. 9. (a) The corporation shall establish and administer the testing program required under section 8 of this chapter.


    (b) The corporation may adopt rules under IC 4-22-2 necessary to implement this chapter.
    Sec. 10. (a) The recipient shall reimburse the corporation for the costs of a drug test administered under this chapter.
    (b) If the recipient fails to reimburse the corporation under this subsection, the recipient is not eligible to receive a loan, grant, or tax credit from the state until the recipient reimburses the corporation for the drug test.
    Sec. 11. If:
        (1) a responsible officer of a recipient refuses to consent to a drug test under section 8(a) of this chapter; or
        (2) after an administrative hearing under IC 4-21.5, a finding is made that the responsible officer of a recipient tests positive on a drug test;
the recipient is not eligible to receive a loan, grant, or tax credit for two (2) years after the date of the refusal or finding.
    Sec. 12. The corporation's records concerning the results of a drug test under this chapter may not be admitted against a defendant in a criminal proceeding.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1007 as printed January 25, 2012.)

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Representative Brown C


MO100706/DI 102     2012