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24LSO-0564
2024
STATE OF WYOMING
24LSO-0564
Numbered
2.0
HOUSE BILL NO. HB0202
Unemployment compensation-promoting a drug-free workforce.
Sponsored by: Representative(s) Hornok, Allemand, Andrew, Heiner, Jennings, Knapp, Locke, Penn, Rodriguez-Williams, Singh, Tarver, Trujillo and Winter and Senator(s) Biteman, Bouchard and Hutchings
A BILL
for
AN ACT relating to unemployment compensation; requiring persons receiving unemployment compensation to submit to drug testing as specified; disqualifying persons who fail drug tests from unemployment benefits as specified; authorizing the crediting or refunding of employers' unemployment compensation contributions as specified; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 27
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3
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306 by creating a new subsection (f), 27
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3
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311 by creating a new subsection (g) and 27
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3
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515 by creating a new subsection (d) are amended to read:
27
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3
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306.
Eligibility requirements; waiver or amendment authorized; unemployed waiting period; registration and referral for suitable work.
(f)
The department shall administer or otherwise require persons receiving unemployment benefits to submit to weekly rapid drug testing to screen for the presence of scheduled drugs according to the Wyoming Controlled Substances Act of 1971. The department shall disqualify from unemployment benefits persons who fail a drug test if:
(i)
The person was most recently employed by an employer who complies with an approved drug and alcohol testing program pursuant to W.S. 27
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14
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201(o);
(ii)
The person is likely to find suitable employment in an occupation that requires drug testing by either state or federal law as a condition of employment or as a condition of holding any license or permit required for employment in that occupation; or
(iii)
The person is likely to find suitable employment that is listed as extrahazardous pursuant to W.S. 27
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14
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108.
27
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3
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311.
Disqualifications from entitlement; grounds; forfeiture.
(g)
A person who was terminated from employment because they failed a drug test required by their employer as a condition of employment, including a drug test required by state or federal law for their occupation, as a condition of holding a valid license or permit necessary for their occupation or as part of an approved drug and alcohol testing program pursuant to W.S. 27
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14
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201(o), shall not be entitled to unemployment benefits until they have established a new base period as defined by W.S. 27
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3
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102(a)(i).
27
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3
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515.
Adjustment or refund for erroneous collection or for payments to persons found ineligible; reduction of contributions and interest in certain cases; recovery by department.
(d)
An employer shall be credited or refunded the amount of contributions made for the benefit of an employee who is determined to be ineligible pursuant to W.S. 27
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3
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306(f). The department shall grant an adjustment without interest for future contribution payments or if the adjustment cannot be made, refund the amount without interest from the fund. This subsection applies only to payments made by an employer within three (3) years before the date of application or determination.
Section 2.
The department of workforce services shall promulgate all rules necessary to implement this act.
Section 3.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2024.
(b)
Sections 2 and 3 of this act are effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0202