SB246 HFA BLAIR 04-09 #3
Jody C. Jones 3107
Delegate Blair moves to amend the amendment on page thirty-
three, following line eighteen, by inserting the following:
§21A-6-18. Random drug testing for recipients of unemployment
(a) The commissioner of the bureau of employment programs
shall institute a random drug testing program for all applicants
for, or recipients of, state unemployment compensation.
(b) The commissioner shall deny, or otherwise deem
ineligible, any applicant for, or recipient of, state
unemployment compensation, if the applicant or recipient twice
fails a drug test for illegal consumption of any Schedule I,
Schedule II, Schedule III, Schedule IV or Schedule V controlled
(c) Any applicant or recipient state unemployment
compensation shall submit to the commissioner's random drug
testing program as a requirement for eligibility or continued
receipt of state unemployment compensation. Failure to comply
shall be the same as twice failing a drug test.
(d) Any applicant or recipient of state unemployment
compensation who fails an initial drug test shall be required to
submit to a second drug test no less than 30 days following the
initial drug test, but not to exceed 60 days. The commissioner shall not deny, or otherwise deemed ineligible, any applicant or
recipient until the failure of the second drug test.
(e) Any applicant or recipient of state unemployment
compensation denied, or otherwise deemed ineligible, by the
commissioner following a failure of an initial random drug test
and the mandatory secondary test shall be ineligible to receive,
or prohibited from reapplying for, such benefits for a period of
two years from the date that commissioner denied an applicants
claim or determined the applicant to be ineligible. Any
applicant denied or deemed to be ineligible under this section
shall submit to a mandatory drug test as part of a re-application
for state unemployment compensation.
(f) The commissioner shall be responsible for ensuring that
applicants and recipients chosen for drug testing are selected at
random, and not by any other criteria, including, but not limited
to, suspicion of drug use, previous drug use or criminal
conviction for drug use or possession.
(g) The commissioner shall be responsible for ensuring the
confidentiality of any and all drug test results administered as
part of the program. Random drug test results shall only be used
for the purpose of denying, or determining eligibility for
continued receipt of, state unemployment compensation. At no
time shall drug test results be released to any public or private
person or entity.