Unemployment compensation-drug testing.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0162

HOUSE BILL
NO.
HB0089

Unemployment compensation-drug testing.

Sponsored by:
Representative(s) Madden and Miller and Senator(s) Peterson

A BILL

for

AN ACT relating
to
unemployment insurance
;
disqualifying from unemployment benefits persons terminated from employment for illegal use of a controlled substance;
requiring controlled substances testing for applicants as specified; providing for suspension of eligibility following a positive test for controlled substances; providing for rules and regulations; and providing for an effective date.

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

Section 1.

W.S. 27
‑
3
‑
322 is created to read:

27
‑
3
‑
322.

Testing for illegal use of controlled substances; disqualification.

(
a
)

Pursuant to Section 303(1) of the Social Security Act (42 U
.
S
.
C
.
S
.
503), the department may conduct drug tests of applicants for unemployment compensation

for the unlawful use of controlled substances as a condition for receiving
benefits
, if
the
applicant
:

(i)

W
as terminated from employment with the claimant's most recent employer because of the unlawful use of controlled substances
;
or

(ii)

I
s an individual for whom suitable work is only available in an occupation
,
as determined under regulations issued by the U
nited
S
tates

s
ecretary of
l
abor
,
that requires drug testing.

(b)

T
he department may deny
benefits
to any applicant based on the
positive
result of a drug test conducted by the department in accordance with this section. A positive drug test result shall be deemed by the department to be a failure to accept suitable work, and shall subject the applicant to disqualification
pursuant to W.S. 27
‑
3
‑
311(a)(iii)
.

(c)

During the disqualification period imposed by the department under this subsection, the individual may provide information to end the disqualification period early by submitting acceptable proof to the department of a negative test result from a testing facility approved by the department.

(
d
)

T
he department shall institute a random drug testing program for all individuals who meet the requirements set forth in this section.

(e)

The
department shall
provide by rule and regulation for the implementation of this section.
Rules adopted by the department shall provide that:

(i)

An individual who tests positive for controlled substances, unless the substance was obtained directly from, or pursuant to a valid prescription or order of a licensed health care practitioner while acting in the course of his professional practice, is ineligible to receive unemployment benefits unless the individual meets the requirements of subsection (
c
) of this section
;

(ii)

Applicants shall be notified of the possibility of drug testing at the time of application for benefits. The notice shall advise the
applicant
that drug testing may be conducted as a condition for receiving benefits if the applicant is a person described in subsection (a) of this section. The
applicant
shall be advised that the required drug testing may be avoided if the individual does not apply for unemployment benefits. Dependent children under the age of eighteen (18) are exempt from the drug testing requirement;

(iii)

Individuals to be tested for use of controlled substances shall be advised
, before the test is conducted, that the individual may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication the individual is taking;

(iv)

Individuals to be tested shall sign a written acknowledgement that the individual has received and understood the notice and advice provided under paragraphs (ii) and (iii) of this subsection;

(v)

I
ndividual
s
to be tested
shall be afforded
a reasonable degree of dignity while producing and submitting
a sample for drug testing, consistent with the state's need to ensure the reliability of the sample;

(vi)

I
ndividual
s
who test positive
shall be provided
with a list of substance abuse treatment providers, certified pursuant to W.S. 9
‑
2
‑
2701, available in the area in which the individual resides.

(
f
)

For purposes of this section, "controlled substance" means as defined in W.S. 35
‑
7
‑
1002(a)(iv).

Section 2.

W.S. 27
‑
3
‑
311 by creating a new subsection (g) is amended to read:

27
‑
3
‑
311.

Disqualifications from entitlement; grounds; forfeiture.

(g)

For purposes of subsection (a) of this section, a person shall be deemed to have left work
voluntarily without good cause attributable directly to his employment
if the person was terminated
from employment
for the unlawful use of
a
controlled substance
or substances
.

Section 3.

This act is effective July 1, 2013.

(END)

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HB0089