HOUSE FILE 2038

BY  IVERSON and ARNOLD

A BILL FOR

An Act requiring random drug testing for recipients of unemployment compensation benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 96.5, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Drug testing.  If, pursuant to section 96.5A, the department determines that an individual receiving benefits has a confirmed positive test result for a drug that was not lawfully prescribed for the person. The period of ineligibility shall continue until the individual has a negative test result for the drug for which the individual had a confirmed positive test result.
    Sec. 2.  NEW SECTION.  96.5A  Drug testing.
   1.  For the purposes of this section, unless the context otherwise requires, “drug” means the same as defined in section 730.5.
   2.  As a condition of eligibility for an individual seeking benefits under this chapter, the individual shall agree to participate in drug testing in accordance with this section.
   3.  The department shall implement a program of drug testing of persons subject to subsection 2. The program shall include but is not limited to all of the following:
   a.  Random drug testing of individuals receiving benefits.
   b.  Drug testing shall include confirmation of any initial positive test results. Any confirmatory test shall be performed using a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.
   4.  An individual subject to the provisions of subsection 2 who has a confirmed positive test result for a drug that was not lawfully prescribed for the individual shall be ineligible for benefits pursuant to section 96.5, subsection 11. The period of ineligibility shall continue until the individual has a negative test result for the drug for which the individual had a confirmed positive test result.
   5.  An individual’s positive test result obtained under this section shall not be used as evidence in any criminal action involving the individual.

   6.  The department shall adopt rules to administer this section. The rules shall include but are not limited to procedures for conducting drug tests, which shall be consistent with the requirements for drug testing provided in section 730.5, and such other procedures to administer this section in a fair and reliable manner.
EXPLANATION
   This bill establishes a requirement for random drug testing of individuals receiving unemployment compensation benefits.
   The bill defines the term “drug” as having the same meaning as the definition in Code section 730.5, relating to private sector drug-free workplaces, which is any drug on schedules I through V of the federal Controlled Substances Act. In addition, the bill provides that the drug testing procedures shall be consistent with the drug testing requirements provided in Code section 730.5 concerning private sector workplaces.
   New Code section 96.5A establishes a drug testing requirement for individuals receiving unemployment compensation benefits. Code section 96.5 is amended to provide that an individual is disqualified for unemployment compensation benefits if the individual has a confirmed positive drug test which disqualification shall continue until the individual has a negative test result for that drug.
   The department of workforce development is required to implement a drug testing program for the persons subject to the eligibility requirement. The program is to include random drug testing of participants. Drug testing includes confirmation of any positive result with a chromatographic/mass spectrometry technique or comparable method.
   The bill prohibits a person’s positive test result obtained under the bill’s provisions from being used as evidence in any criminal action involving the person.
   The department is directed to adopt rules to administer the provisions of the bill.