*EH1410.1*
February 22, 2022
ENGROSSED
HOUSE BILL No. 1410
_____
DIGEST OF HB 1410 (Updated February 21, 2022 11:14 am - DI 148)
Citations Affected: IC 12-8; noncode.
Synopsis: Mandatory job search for TANF eligibility. Requires the
secretary of family and social services (secretary) to adopt rules
concerning evidence of job search activities for certain applicants and
certain recipients under the federal Temporary Assistance for Needy
Families (TANF) program. Allows the secretary to suspend the rules
for individuals residing in specified areas. Requires the secretary to
amend two provisions in the Indiana Administrative Code to conform
with those rules. Specifies certain exceptions.
Effective: July 1, 2023.
Morris, DeVon, Lindauer, Prescott
(SENATE SPONSORS — ZAY, KOCH)
January 13, 2022, read first time and referred to Committee on Family, Children and
Human Affairs.
January 25, 2022, reported — Do Pass.
January 27, 2022, read second time, ordered engrossed. Engrossed.
January 31, 2022, read third time, passed. Yeas 67, nays 25.
SENATE ACTION
February 10, 2022, read first time and referred to Committee on Family and Children
Services.
February 21, 2022, amended, reported favorably — Do Pass.
EH 1410—LS 7105/DI 144 February 22, 2022
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1410
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:
1 SECTION 1. IC 12-8-12-8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 8. (a) This section does not apply to an individual
4 who:
5 (1) is less than eighteen (18) years of age;
6 (2) is more than sixty-four (64) years of age;
7 (3) is medically certified as:
8 (A) physically; or
9 (B) mentally;
10 unfit for employment;
11 (4) is pregnant;
12 (5) is a parent or caretaker who personally provides care for
13 a dependent child who has a:
14 (A) serious medical condition; or
15 (B) disability;
16 as determined by the secretary;
17 (6) is receiving unemployment compensation and complying
EH 1410—LS 7105/DI 144 2
1 with work requirements under IC 22-4;
2 (7) is participating in a treatment and rehabilitation program
3 for a drug or alcohol addiction;
4 (8) is participating in:
5 (A) an adult basic education program;
6 (B) a workforce training, certification, or credentialing
7 program; or
8 (C) a course of study at a postsecondary institution;
9 (9) has been awarded a federal or state financial aid award or
10 grant;
11 (10) is a victim of domestic or family violence (as defined in
12 IC 31-9-2-42);
13 (11) separated from service in the armed forces (as defined in
14 IC 36-8-4.7-3) not more than one hundred eighty (180) days
15 before applying for TANF assistance; or
16 (12) has experienced homelessness.
17 (b) As used in this section, "IMPACT mandatory" means, with
18 respect to an individual who applies for or receives TANF
19 assistance, a determination by the division that the individual is
20 required, as a condition of receiving TANF assistance, to
21 participate in the IMPACT program.
22 (c) The secretary shall adopt rules under this section that
23 require, at a minimum, the following:
24 (1) After submitting an application for TANF assistance, an
25 IMPACT mandatory applicant must, as a condition of
26 eligibility, provide evidence of the applicant's job search
27 activities. The evidence of job search activities must include,
28 at a minimum, evidence of:
29 (A) six (6) contacts by the applicant with employers; and
30 (B) submission by the applicant of three (3) job
31 applications or resumes;
32 after the applicant's submission of the application.
33 (2) An IMPACT mandatory individual whose application for
34 TANF assistance is approved or who receives TANF
35 assistance, whichever comes first, must participate in the
36 IMPACT program as directed by the division.
37 (d) The secretary may suspend application of rules adopted by
38 the secretary under subsection (c) to individuals residing in an area
39 in which:
40 (1) the unemployment rate is ten percent (10%) or greater; or
41 (2) an insufficient number of jobs is available to provide
42 employment for residents of the area, as demonstrated by one
EH 1410—LS 7105/DI 144 3
1 (1) or more of the following:
2 (A) The United States Department of Labor's Employment
3 and Training Administration has designated the area as a
4 labor surplus area.
5 (B) The United States Department of Labor has
6 determined that the area qualifies for extended
7 unemployment benefits.
8 (C) The area has a low and declining ratio of employment
9 to population.
10 (D) The average unemployment rate in the area for the
11 immediately preceding twenty-four (24) month period is
12 twenty percent (20%) or more above the national average
13 unemployment rate during the same twenty-four (24)
14 month period.
15 SECTION 2. [EFFECTIVE JULY 1, 2023] (a) The secretary of
16 family and social services shall amend 470 IAC 10.3-8-3 and 470
17 IAC 10.3-10 to conform to IC 12-8-12-8, as added by this act.
18 (b) In amending the rules as required by this SECTION, the
19 secretary of family and social services may adopt emergency rules
20 in the manner provided by IC 4-22-2-37.1.
21 (c) Notwithstanding IC 4-22-2-37.1(g), an emergency rule
22 adopted by the secretary of family and social services under this
23 SECTION expires on the date on which a rule that supersedes the
24 emergency rule is adopted by the secretary of family and social
25 services under IC 4-22-2-24 through IC 4-22-2-36.
26 (d) This SECTION expires July 1, 2024.
EH 1410—LS 7105/DI 144 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1410, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1410 as introduced.)
DEVON
Committee Vote: Yeas 12, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1410, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Replace the effective dates in SECTIONS 1 through 2 with
"[EFFECTIVE JULY 1, 2023]".
Page 1, line 4, delete "who is:" and insert "who:".
Page 1, line 5, after "(1)" insert "is".
Page 1, line 6, after "(2)" insert "is".
Page 1, line 7, after "(3)" insert "is".
Page 1, line 11, after "(4)" insert "is".
Page 1, line 12, after "(5)" insert "is".
Page 1, line 17, after "(6)" insert "is".
Page 2, line 1, delete "or".
Page 2, line 2, after "(7)" insert "is".
Page 2, line 3, delete "." and insert ";".
Page 2, between lines 3 and 4, begin a new line block indented and
insert:
"(8) is participating in:
(A) an adult basic education program;
(B) a workforce training, certification, or credentialing
program; or
(C) a course of study at a postsecondary institution;
(9) has been awarded a federal or state financial aid award or
grant;
(10) is a victim of domestic or family violence (as defined in
IC 31-9-2-42);
EH 1410—LS 7105/DI 144 5
(11) separated from service in the armed forces (as defined in
IC 36-8-4.7-3) not more than one hundred eighty (180) days
before applying for TANF assistance; or
(12) has experienced homelessness.
(b) As used in this section, "IMPACT mandatory" means, with
respect to an individual who applies for or receives TANF
assistance, a determination by the division that the individual is
required, as a condition of receiving TANF assistance, to
participate in the IMPACT program.".
Page 2, line 4, delete "(b)" and insert "(c)".
Page 2, line 6, delete "At the time of application, an applicant" and
insert "After submitting an application".
Page 2, line 7, after "assistance" insert ", an IMPACT mandatory
applicant".
Page 2, line 8, after "of" insert "the applicant's".
Page 2, line 8, delete "for the three (3) weeks preceding the" and
insert ".".
Page 2, line 9, delete "application.".
Page 2, line 10, delete ":" and insert ", evidence of:".
Page 2, line 11, after "contacts" insert "by the applicant".
Page 2, line 12, after "(B)" insert "submission by the applicant of".
Page 2, line 12, delete "submitted".
Page 2, line 13, delete "for each of the three (3) weeks preceding"
and insert "after the applicant's submission of".
Page 2, line 14, after "An" insert "IMPACT mandatory".
Page 2, line 16, delete ":" and insert "participate in the IMPACT
program as directed by the division.".
Page 2, delete lines 17 through 28, begin a new paragraph and
insert:
"(d) The secretary may suspend application of rules adopted by
the secretary under subsection (c) to individuals residing in an area
in which:
(1) the unemployment rate is ten percent (10%) or greater; or
(2) an insufficient number of jobs is available to provide
employment for residents of the area, as demonstrated by one
(1) or more of the following:
(A) The United States Department of Labor's Employment
and Training Administration has designated the area as a
labor surplus area.
(B) The United States Department of Labor has
determined that the area qualifies for extended
unemployment benefits.
EH 1410—LS 7105/DI 144 6
(C) The area has a low and declining ratio of employment
to population.
(D) The average unemployment rate in the area for the
immediately preceding twenty-four (24) month period is
twenty percent (20%) or more above the national average
unemployment rate during the same twenty-four (24)
month period.".
Page 2, delete line 41.
and when so amended that said bill do pass.
(Reference is to HB 1410 as printed January 25, 2022.)
ROGERS, Chairperson
Committee Vote: Yeas 6, Nays 3.
EH 1410—LS 7105/DI 144