HB 1007-2_ Filed 01/27/2012, 07:05 Brownc
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
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
(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
(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
(1) tests positive for the presence of a controlled substance;
(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
(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.)
MO100706/DI 102 2012