Bill Text: IN HB1267 | 2011 | Regular Session | Engrossed
Bill Title: Drug testing and unemployment benefits.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Enrolled - Dead) 2011-04-20 - Senate advisors appointed: Schneider, Skinner and Kruse [HB1267 Detail]
Download: Indiana-2011-HB1267-Engrossed.html
Citations Affected: IC 22-4.
Synopsis: Drug testing and unemployment benefits. Provides that an
individual is considered to have refused an offer of suitable work if the
individual: (1) tests positive for drugs after; or (2) refuses without good
cause to submit to; a drug test required by a prospective employer as a
condition of an offer of employment. Provides that the department of
workforce development's records concerning the results of a drug test
may not be admitted against a defendant in a criminal proceeding.
Effective: July 1, 2011.
(SENATE SPONSORS _ LEISING, TALLIAN, SCHNEIDER, KRUSE, HEAD)
January 12, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
February 8, 2011, amended, reported _ Do Pass.
February 10, 2011, read second time, ordered engrossed. Engrossed.
February 14, 2011, read third time, passed. Yeas 89, nays 0.
February 17, 2011, read first time and referred to Committee on Pensions and Labor.
March 3, 2011, amended, reported favorably _ Do Pass.
March 14, 2011, read second time, amended, ordered engrossed.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(1) Amphetamines.
(2) Cocaine.
(3) Opiates (2,000 ng/ml).
(4) PCP.
(5) THC.
A drug test described in this section must be performed at a United States Department of Health and Human Services certified laboratory, with specimen collection performed by a collector certified by the United States Department of Transportation and the cost of the drug test paid by the employer.
JULY 1, 2011]: Sec. 2. (a) With respect to benefit periods established
on and after July 3, 1977, an individual is ineligible for waiting period
or benefit rights, or extended benefit rights, if the department finds that,
being totally, partially, or part-totally unemployed at the time when the
work offer is effective or when the individual is directed to apply for
work, the individual fails without good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
training and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit period
or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent failure to apply for or accept
suitable work, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
However, work under substantially the same terms and conditions
under which the individual was employed by a base-period employer,
which is within the individual's prior training and experience and
physical capacity to perform, shall be considered to be suitable work
unless the claimant has made a bona fide change in residence which
makes such offered work unsuitable to the individual because of the
distance involved. During the fifth through the eighth consecutive week
of claiming benefits, work is not considered unsuitable solely because
the work pays not less than ninety percent (90%) of the individual's
prior weekly wage. After eight (8) consecutive weeks of claiming
benefits, work is not considered unsuitable solely because the work
pays not less than eighty percent (80%) of the individual's prior weekly
wage. However, work is not considered suitable under this section if
the work pays less than Indiana's minimum wage as determined under
IC 22-2-2. For an individual who is subject to section 1(c)(8) of this
chapter, the determination of suitable work for the individual must
reasonably accommodate the individual's need to address the physical,
psychological, legal, and other effects of domestic or family violence.
(f) Notwithstanding any other provisions of this article, no work
shall be considered suitable and benefits shall not be denied under this
article to any otherwise eligible individual for refusing to accept new
work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(2) If the remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be
required to discontinue training into which the individual had
entered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extended benefit
periods established on and after July 5, 1981, "suitable work" means
any work which is within an individual's capabilities. However, if the
individual furnishes evidence satisfactory to the department that the
individual's prospects for obtaining work in the individual's customary
occupation within a reasonably short period are good, the
determination of whether any work is suitable work shall be made as
provided in subsection (e).
(h) With respect to extended benefit periods established on and after
July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (the
Fair Labor Standards Act of 1938), without regard to any
exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals
eligible for extended benefits to any suitable work (as defined in
subsection (g)) to which subsection (h) would not apply.
(j) An individual is considered to have refused an offer of
suitable work under subsection (a) if an offer of work is withdrawn
by an employer after an individual:
(1) tests positive for drugs after a drug test given on behalf of
the prospective employer as a condition of an offer of
employment; or
(2) refuses, without good cause, to submit to a drug test
required by the prospective employer as a condition of an
offer of employment.
(k) The department's records concerning the results of a drug
test described in subsection (j) may not be admitted against a
defendant in a criminal proceeding.
