Introduced Version






HOUSE BILL No. 1207

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-4.

Synopsis: Unemployment compensation and drug testing. Provides that an individual who is otherwise qualified for unemployment compensation benefits is disqualified for benefits upon a report to the department of workforce development (department) by a prospective employer that the individual was found to have had a positive postoffer or preemployment drug test. Requires the department to adopt rules concerning positive preemployment drug tests reported to the department. Repeals an outdated reference.

Effective: July 1, 2011.





Ubelhor, Bacon, Messmer




    January 10, 2011, read first time and referred to Committee on Employment, Labor and Pensions.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1207



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-4-2-40; (11)IN1207.1.1. -->     SECTION 1. IC 22-4-2-40 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 40. As used in this article, "drug test" means a test that contains at least a nine (9) drug panel (non-DOT) that tests for the following:
        (1) Amphetamines.
        (2) Cocaine.
        (3) Opiates (2,000 ng/ml).
        (4) Barbiturates.
        (5) Cannabinoids (THC).
        (6) Benzodiazepines.
        (7) Phencyclidine.
        (8) Methadone.
        (9) Propoxyphene.

SOURCE: IC 22-4-15-9; (11)IN1207.1.2. -->     SECTION 2. IC 22-4-15-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) Notwithstanding any other provisions of this

article, an individual who is otherwise eligible for benefits is disqualified for benefits if the individual:
        (1) is found to have tested positive for drugs in the system of the individual after a drug test is given by a prospective employer; or
        (2) refuses to submit to a drug test;
after an offer of employment has been made or as a prerequisite to an offer of employment by an employer.
    (b) A prospective employer that:
        (1) receives a report of a positive drug test that has been given by or on behalf of the prospective employer; or
        (2) is aware that a prospective employee has refused to submit to a drug test that would be given by or on behalf of the employer;
shall immediately report the information in subdivision (1) or (2) to the department.
    (c) An individual who is disqualified for benefits under subsection (a) may resume eligibility for benefits upon submission of a negative drug test to the department.
    (d) The department shall adopt rules under IC 4-22-2 to effectuate this section to the extent authorized by federal law. The rules may include, but are not limited to:
        (1) the period of ineligibility for benefits between the time that the drug test is given and a positive result is reported to the department;
        (2) the manner in which a subsequent negative drug test may be submitted to the department after a positive drug test has been reported;
        (3) any penalty against an employer that does not report the information in subsection (b), if other than that provided for in IC 22-4-34-4;
        (4) the manner by which a report of a false positive drug test may be appealed to the department; and
        (5) the manner by which improper payments to an individual who has been disqualified under subsection (a) must be repaid to the department, as required by IC 22-4-13-1(b).

SOURCE: IC 22-4-17-2.5; (11)IN1207.1.3. -->     SECTION 3. IC 22-4-17-2.5, AS AMENDED BY P.L.3-2008, SECTION 159, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) When an individual files an initial claim, the individual shall be advised of the following:
        (1) Unemployment compensation is subject to federal, state, and local income taxes.
        (2) Requirements exist concerning estimated tax payments.
        (3) After December 31, 1996, The individual may elect to have income taxes withheld from the individual's payment of unemployment compensation. If an election is made, the department shall withhold federal income tax at the applicable rate provided in the Internal Revenue Code.
        (4) An individual is allowed to change an election made under this section.
    (b) Money withheld from unemployment compensation under this section shall remain in the unemployment fund until transferred to the federal taxing authority for payment of income taxes.
    (c) The commissioner shall follow all procedures of the United States Department of Labor and the Internal Revenue Service concerning the withholding of income taxes.
    (d) Money shall be deducted and withheld in accordance with the priorities established in regulations developed by the commissioner.
     (e) In addition to the information contained in subsection (a), an individual filing an initial claim shall be advised that the individual is disqualified for benefits if the individual:
        (1) is found to have a positive drug test after a drug test is given by a prospective employer; or
        (2) refuses to submit to a drug test;
after an offer of employment has been made or as a prerequisite to an offer of employment by the employer, as provided in IC 22-4-15-9.