Workforce services-voluntary drug testing.

WORKING DRAFT
2006
STATE OF WYOMING
06LSO-0357.E1

SENATE FILE
NO.
SF0104

Workforce services-voluntary drug testing.

Sponsored by:
Senator(s) Jennings

A BILL

for

AN ACT relating to workforce services; providing for voluntary drug testing of workforce development program participants; providing for reimbursement by employers; providing for rules and regulations; providing a continuous appropriation; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 9
‑
2
‑
2608 is created to read:

9
‑
2
‑
2608.

Workforce services voluntary drug testing account established.

(a)

There is established the Wyoming workforce services voluntary drug testing account. The state treasurer shall invest available revenues in the account in accordance with law, and earnings from those investments shall be credited to the account. Amounts received from employers pursuant to W.S. 9
‑
2
‑
2601(k)(ii) shall be deposited in the account. The revenues in the account are continuously appropriated to the department of workforce services to be expended as provided in this section.

(b)

Revenues in the Wyoming workforce services voluntary drug testing account may be expended to administer a program of voluntary drug testing of workforce services participants as provided in W.S. 9
‑
2
‑
2601(k).

(c)

Expenditures from the workforce services voluntary drug testing account for purposes authorized in subsection (b) of this section shall be approved by the director of the department of workforce services based on procedures and criteria established by regulations. The director of the department of workforce services shall report annually to the governor and the legislature on the expenditures made from the workforce services voluntary drug testing account in the preceding fiscal year and the amounts received from employers and deposited in the account.

Section 2.

W.S. 9
‑
2
‑
2601 by creating a new subsection (k) is amended to read:

9
‑
2
‑
2601.

Department of workforce services; duties and responsibilities; agreements with other agencies authorized; definition.

(k)

The department shall establish and administer by rule and regulation a program for voluntary drug testing of workforce services participants that includes the following:

(i)

The decision to participate in the voluntary drug testing program shall be at the discretion of the participant and shall not be a requirement for participation in workforce services programs;

(ii)

The department shall pay all costs of the drug testing, but shall require reimbursement from requesting employers;

(iii)

The voluntary drug testing program shall provide procedural safeguards to ensure the protection of the constitutional rights of the participants and provide that testing shall be done by state certified laboratories;

(iv)

The department shall set standards governing all aspects of the testing process;

(v)

The department shall make the voluntary testing program available to all private and public employers including all state agency employers, school district employers, the University of Wyoming and Wyoming community colleges.

(vi)

The department shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 2007 and annually thereafter.

Section 2.

There is appropriated two hundred fifty thousand dollars ($250,000.00) from the general fund to the workforce services voluntary drug testing account for purposes of this act.

Section 3.

This act is effective July 1, 2006.

(END)

1
SF0104