House File 2038 - Introduced HOUSE FILE 2038 BY IVERSON and ARNOLD A BILL FOR An Act requiring random drug testing for recipients of 1 unemployment compensation benefits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5026YH (2) 84 je/sc

H.F. 2038 Section 1. Section 96.5, Code 2011, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 11. Drug testing. If, pursuant to section 3 96.5A, the department determines that an individual receiving 4 benefits has a confirmed positive test result for a drug 5 that was not lawfully prescribed for the person. The period 6 of ineligibility shall continue until the individual has a 7 negative test result for the drug for which the individual had 8 a confirmed positive test result. 9 Sec. 2. NEW SECTION . 96.5A Drug testing. 10 1. For the purposes of this section, unless the context 11 otherwise requires, “drug” means the same as defined in section 12 730.5. 13 2. As a condition of eligibility for an individual seeking 14 benefits under this chapter, the individual shall agree to 15 participate in drug testing in accordance with this section. 16 3. The department shall implement a program of drug testing 17 of persons subject to subsection 2. The program shall include 18 but is not limited to all of the following: 19 a. Random drug testing of individuals receiving benefits. 20 b. Drug testing shall include confirmation of any 21 initial positive test results. Any confirmatory test shall 22 be performed using a chromatographic technique such as gas 23 chromatography/mass spectrometry, or another comparably 24 reliable analytical method. 25 4. An individual subject to the provisions of subsection 2 26 who has a confirmed positive test result for a drug that was 27 not lawfully prescribed for the individual shall be ineligible 28 for benefits pursuant to section 96.5, subsection 11. The 29 period of ineligibility shall continue until the individual has 30 a negative test result for the drug for which the individual 31 had a confirmed positive test result. 32 5. An individual’s positive test result obtained under this 33 section shall not be used as evidence in any criminal action 34 involving the individual. 35 -1- LSB 5026YH (2) 84 je/sc 1/ 2

H.F. 2038 6. The department shall adopt rules to administer this 1 section. The rules shall include but are not limited to 2 procedures for conducting drug tests, which shall be consistent 3 with the requirements for drug testing provided in section 4 730.5, and such other procedures to administer this section in 5 a fair and reliable manner. 6 EXPLANATION 7 This bill establishes a requirement for random drug testing 8 of individuals receiving unemployment compensation benefits. 9 The bill defines the term “drug” as having the same meaning 10 as the definition in Code section 730.5, relating to private 11 sector drug-free workplaces, which is any drug on schedules 12 I through V of the federal Controlled Substances Act. In 13 addition, the bill provides that the drug testing procedures 14 shall be consistent with the drug testing requirements provided 15 in Code section 730.5 concerning private sector workplaces. 16 New Code section 96.5A establishes a drug testing 17 requirement for individuals receiving unemployment compensation 18 benefits. Code section 96.5 is amended to provide that an 19 individual is disqualified for unemployment compensation 20 benefits if the individual has a confirmed positive drug test 21 which disqualification shall continue until the individual has 22 a negative test result for that drug. 23 The department of workforce development is required to 24 implement a drug testing program for the persons subject to the 25 eligibility requirement. The program is to include random drug 26 testing of participants. Drug testing includes confirmation of 27 any positive result with a chromatographic/mass spectrometry 28 technique or comparable method. 29 The bill prohibits a person’s positive test result obtained 30 under the bill’s provisions from being used as evidence in any 31 criminal action involving the person. 32 The department is directed to adopt rules to administer the 33 provisions of the bill. 34 -2- LSB 5026YH (2) 84 je/sc 2/ 2