IN
Indiana House Bill HB1410

Indiana 2022 Regular Session

Indiana House Bill HB1410 Compare Versions

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1+*HB1410.1*
2+January 25, 2022
3+HOUSE BILL No. 1410
4+_____
5+DIGEST OF HB 1410 (Updated January 25, 2022 10:36 am - DI 140)
6+Citations Affected: IC 12-8; noncode.
7+Synopsis: Mandatory job search for TANF eligibility. Requires the
8+secretary of family and social services (secretary) to adopt rules
9+concerning evidence of job search activities for applicants and
10+recipients under the federal Temporary Assistance for Needy Families
11+(TANF) program. Requires the secretary to amend two provisions in
12+the Indiana Administrative Code to conform with those rules. Specifies
13+certain exceptions.
14+Effective: Upon passage.
15+Morris, DeVon, Lindauer, Prescott
16+January 13, 2022, read first time and referred to Committee on Family, Children and
17+Human Affairs.
18+January 25, 2022, reported — Do Pass.
19+HB 1410—LS 7105/DI 144 January 25, 2022
120 Second Regular Session of the 122nd General Assembly (2022)
221 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
322 Constitution) is being amended, the text of the existing provision will appear in this style type,
423 additions will appear in this style type, and deletions will appear in this style type.
524 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
625 provision adopted), the text of the new provision will appear in this style type. Also, the
726 word NEW will appear in that style type in the introductory clause of each SECTION that adds
827 a new provision to the Indiana Code or the Indiana Constitution.
928 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1029 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1410
12-AN ACT to amend the Indiana Code concerning human services.
30+HOUSE BILL No. 1410
31+A BILL FOR AN ACT to amend the Indiana Code concerning
32+human services.
1333 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 12-8-12-8 IS ADDED TO THE INDIANA CODE
15-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2023]: Sec. 8. (a) This section does not apply to an individual
17-who:
18-(1) is less than eighteen (18) years of age;
19-(2) is more than sixty-four (64) years of age;
20-(3) is medically certified as:
21-(A) physically; or
22-(B) mentally;
23-unfit for employment;
24-(4) is pregnant;
25-(5) is a parent or caretaker who personally provides care for
26-a dependent child who has a:
27-(A) serious medical condition; or
28-(B) disability;
29-as determined by the secretary;
30-(6) is receiving unemployment compensation and complying
31-with work requirements under IC 22-4;
32-(7) is participating in a treatment and rehabilitation program
33-for a drug or alcohol addiction;
34-(8) is participating in:
35-(A) an adult basic education program;
36-HEA 1410 — Concur 2
37-(B) a workforce training, certification, or credentialing
38-program; or
39-(C) a course of study at a postsecondary institution;
40-(9) has been awarded a federal or state financial aid award or
41-grant;
42-(10) is a victim of domestic or family violence (as defined in
43-IC 31-9-2-42);
44-(11) separated from service in the armed forces (as defined in
45-IC 36-8-4.7-3) not more than one hundred eighty (180) days
46-before applying for TANF assistance; or
47-(12) has experienced homelessness.
48-(b) As used in this section, "IMPACT mandatory" means, with
49-respect to an individual who applies for or receives TANF
50-assistance, a determination by the division that the individual is
51-required, as a condition of receiving TANF assistance, to
52-participate in the IMPACT program.
53-(c) The secretary shall adopt rules under this section that
54-require, at a minimum, the following:
55-(1) After submitting an application for TANF assistance, an
56-IMPACT mandatory applicant must, as a condition of
57-eligibility, provide evidence of the applicant's job search
58-activities. The evidence of job search activities must include,
59-at a minimum, evidence of:
60-(A) six (6) contacts by the applicant with employers; and
61-(B) submission by the applicant of three (3) job
62-applications or resumes;
63-after the applicant's submission of the application.
64-(2) An IMPACT mandatory individual whose application for
65-TANF assistance is approved or who receives TANF
66-assistance, whichever comes first, must participate in the
67-IMPACT program as directed by the division.
68-(d) The secretary may suspend application of rules adopted by
69-the secretary under subsection (c) to individuals residing in an area
70-in which:
71-(1) the unemployment rate is ten percent (10%) or greater; or
72-(2) an insufficient number of jobs is available to provide
73-employment for residents of the area, as demonstrated by one
74-(1) or more of the following:
75-(A) The United States Department of Labor's Employment
76-and Training Administration has designated the area as a
77-labor surplus area.
78-(B) The United States Department of Labor has
79-HEA 1410 — Concur 3
80-determined that the area qualifies for extended
81-unemployment benefits.
82-(C) The area has a low and declining ratio of employment
83-to population.
84-(D) The average unemployment rate in the area for the
85-immediately preceding twenty-four (24) month period is
86-twenty percent (20%) or more above the national average
87-unemployment rate during the same twenty-four (24)
88-month period.
89-SECTION 2. [EFFECTIVE JULY 1, 2023] (a) The secretary of
90-family and social services shall amend 470 IAC 10.3-8-3 and 470
91-IAC 10.3-10 to conform to IC 12-8-12-8, as added by this act.
92-(b) In amending the rules as required by this SECTION, the
93-secretary of family and social services may adopt emergency rules
94-in the manner provided by IC 4-22-2-37.1.
95-(c) Notwithstanding IC 4-22-2-37.1(g), an emergency rule
96-adopted by the secretary of family and social services under this
97-SECTION expires on the date on which a rule that supersedes the
98-emergency rule is adopted by the secretary of family and social
99-services under IC 4-22-2-24 through IC 4-22-2-36.
100-(d) This SECTION expires July 1, 2024.
101-HEA 1410 — Concur Speaker of the House of Representatives
102-President of the Senate
103-President Pro Tempore
104-Governor of the State of Indiana
105-Date: Time:
106-HEA 1410 — Concur
34+1 SECTION 1. IC 12-8-12-8 IS ADDED TO THE INDIANA CODE
35+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
36+3 UPON PASSAGE]: Sec. 8. (a) This section does not apply to an
37+4 individual who is:
38+5 (1) less than eighteen (18) years of age;
39+6 (2) more than sixty-four (64) years of age;
40+7 (3) medically certified as:
41+8 (A) physically; or
42+9 (B) mentally;
43+10 unfit for employment;
44+11 (4) pregnant;
45+12 (5) a parent or caretaker who personally provides care for a
46+13 dependent child who has a:
47+14 (A) serious medical condition; or
48+15 (B) disability;
49+16 as determined by the secretary;
50+17 (6) receiving unemployment compensation and complying
51+HB 1410—LS 7105/DI 144 2
52+1 with work requirements under IC 22-4; or
53+2 (7) participating in a treatment and rehabilitation program
54+3 for a drug or alcohol addiction.
55+4 (b) The secretary shall adopt rules under this section that
56+5 require, at a minimum, the following:
57+6 (1) At the time of application, an applicant for TANF
58+7 assistance must, as a condition of eligibility, provide evidence
59+8 of job search activities for the three (3) weeks preceding the
60+9 application. The evidence of job search activities must
61+10 include, at a minimum:
62+11 (A) six (6) contacts with employers; and
63+12 (B) three (3) submitted job applications or resumes;
64+13 for each of the three (3) weeks preceding the application.
65+14 (2) An individual whose application for TANF assistance is
66+15 approved or who receives TANF assistance, whichever comes
67+16 first, must:
68+17 (A) as a condition of continued eligibility for TANF
69+18 assistance, provide evidence of, at a minimum:
70+19 (i) six (6) contacts with employers; and
71+20 (ii) three (3) submitted job applications or resumes;
72+21 for each of the six (6) weeks following the approval of the
73+22 application or the receipt of TANF assistance, whichever
74+23 comes first; and
75+24 (B) participate in weekly compliance check-ins, either in
76+25 person or by telephone.
77+26 If a person fails to actively participate in the requirement
78+27 described in subdivision (2)(B), the person is ineligible to
79+28 receive TANF assistance for thirty (30) days.
80+29 SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The secretary
81+30 of family and social services shall amend 470 IAC 10.3-8-3 and 470
82+31 IAC 10.3-10 to conform to IC 12-8-12-8, as added by this act.
83+32 (b) In amending the rules as required by this SECTION, the
84+33 secretary of family and social services may adopt emergency rules
85+34 in the manner provided by IC 4-22-2-37.1.
86+35 (c) Notwithstanding IC 4-22-2-37.1(g), an emergency rule
87+36 adopted by the secretary of family and social services under this
88+37 SECTION expires on the date on which a rule that supersedes the
89+38 emergency rule is adopted by the secretary of family and social
90+39 services under IC 4-22-2-24 through IC 4-22-2-36.
91+40 (d) This SECTION expires July 1, 2024.
92+41 SECTION 3. An emergency is declared for this act.
93+HB 1410—LS 7105/DI 144 3
94+COMMITTEE REPORT
95+Mr. Speaker: Your Committee on Family, Children and Human
96+Affairs, to which was referred House Bill 1410, has had the same under
97+consideration and begs leave to report the same back to the House with
98+the recommendation that said bill do pass.
99+(Reference is to HB 1410 as introduced.)
100+DEVON
101+Committee Vote: Yeas 12, Nays 0
102+HB 1410—LS 7105/DI 144