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 compensation.

(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 substances.

(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.