Delegate Miller, C., Gearheart, Border, Pasdon and Sobonya move to amend the bill in article ten on page three at line twenty nine following the word “recipients” by inserting the following new section, designated as:

Section 21A-10-7a. Drug testing; penalties. And all to read as follows:

    An applicant for unemployment compensation under the provisions of this chapter shall be subject to drug testing for the unlawful use of controlled substances as a condition for receiving such compensation, if such applicant

    (a) was terminated from employment with the applicant's most recent employer because of the unlawful use of controlled substances; or

    (b) is an individual for whom work is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor).

    For purposes of this section the term ‘controlled substance’ has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).