Bill Text: AZ HB2030 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

Bill Title: Unemployment benefits; drug test

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-01-16 - Referred to House RHS Committee [HB2030 Detail]

Download: Arizona-2014-HB2030-Introduced.html



PREFILED    JAN 10 2014

REFERENCE TITLE: unemployment benefits; drug test




State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session




HB 2030


Introduced by

Representatives Lovas, Livingston, Senator Burges





amending section 23‑771, Arizona Revised Statutes; amending title 23, chapter 4, article 6, Arizona Revised Statutes, by adding section 23‑797; relating to employment security.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 23-771, Arizona Revised Statutes, is amended to read:

START_STATUTE23-771.  Eligibility for benefits

A.  An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that the individual:

1.  Has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the department prescribes.

2.  Has made a claim for benefits in accordance with section 23‑772.

3.  Is able to work.

4.  Except for an individual who is applying for shared work benefits pursuant to article 5.1 of this chapter, is available for work and both of the following apply:

(a)  The individual has engaged in a systematic and sustained effort to obtain work during at least four days of the week.

(b)  The individual has made at least three work search contacts during the week.

5.  Has been unemployed for a waiting period of one week.  A week shall not be counted as a week of unemployment for the purpose of this paragraph:

(a)  Unless it occurs within the benefit year that includes the week with respect to which the individual claims payment of benefits.

(b)  Unless the individual was eligible for benefits with respect thereto as provided in this section and sections 23‑775, 23‑776, and 23‑777 and 23‑797.

(c)  If benefits have been paid in respect thereto.

6.  Has met one of the following requirements:

(a)  Has been paid wages for insured work during the individual's base period equal to at least one and one‑half times the wages paid to the individual in the calendar quarter of the individual's base period in which such wages were highest, and the individual has been paid wages for insured work in one calendar quarter of the individual's base period equal to an amount that is equal to at least three hundred ninety times the minimum wage prescribed by section 23‑363 that is in effect when the individual files a claim for benefits.

(b)  Has for a benefit year beginning on or after September 2, 1984, been paid wages for insured work during at least two quarters of the individual's base period and the amount of such wages paid in one quarter would be sufficient to qualify the individual for the maximum weekly benefit amount payable under this chapter and the total of the individual's base‑period wages is equal to or greater than the taxable limit as specified in section 23‑622, subsection B, paragraph 1.

7.  Following the beginning date of a benefit year established under this chapter or the unemployment compensation law of any other state and prior to the effective date of a subsequent benefit year under this chapter, has performed services whether or not in employment as defined in section 23‑615 for which wages were payable in an amount equal to or in excess of eight times the weekly benefit amount for which the individual is otherwise qualified under section 23‑779.  In making a determination under this paragraph the department shall use information available in its records or require the individual to furnish necessary information within thirty days from the date notice is given that such information is required.

B.  If an unemployed individual cannot establish a benefit year as defined in section 23‑609 due to receipt during the base period of compensation for a temporary total disability pursuant to chapter 6 of this title, or any similar federal law, the individual's base period shall be the first four of the last five completed calendar quarters immediately preceding the first day of the calendar week in which the disability began.  Wages previously used to establish a benefit year may not be reused.  This subsection does not apply unless all of the following occur:

1.  The individual has filed a claim for benefits not later than the fourth calendar week of unemployment after the end of the period of disability.

2.  The claim is filed within two years after the period of disability begins.

3.  The individual meets the requirements of subsection A of this section.

4.  The individual has attempted to return to the employment where the temporary total disability occurred.

C.  If an unemployed individual is a member of the national guard or other reserve component of the United States armed forces, the individual shall not be considered to be either employed or unavailable for work by reason of the individual's participation in drill, training or other national guard or reserve activity that occurs on not more than one weekend per month or in lieu of a weekend drill or the equivalent.

D.  The department shall not disqualify an individual from receiving benefits under this chapter on the basis of the individual's separation from employment if the individual is a victim of domestic violence and leaves employment due to a documented case involving domestic violence pursuant to section 13‑3601 or 13‑3601.02.  Benefits paid to an individual pursuant to this subsection shall not be charged against an employer's account pursuant to section 23‑727, subsection G.

E.  For the purposes of subsection A, paragraph 6 of this section, wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if that benefit year begins subsequent to the date on which the employing unit by which those wages were paid has become an employer subject to this chapter. END_STATUTE

Sec. 2.  Title 23, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 23-797, to read:

START_STATUTE23-797.  Drug screening and testing as a condition of benefit eligibility for certain individuals; program termination; definition

A.  The department of economic security shall adopt a drug screening and testing program for individuals who file claims for benefits pursuant to this chapter and for whom suitable work is available only in an occupation that regularly conducts drug testing as designated by regulation of the united states department of labor.

B.  The program must be designed to protect the rights of claimants and must comply with the drug testing requirements of 49 C.F.R. part 382 or other similar federal requirements for drug testing programs.

C.  Under the program, an individual who files an initial claim must submit to and pass a drug screening assessment developed and administered by or on behalf of the department as follows:

1.  The drug screening assessment must consist of a written questionnaire to be completed by the individual and must be designed to accurately determine the reasonable likelihood that the individual is using a drug.

2.  An individual whose drug screening assessment shows a reasonable likelihood of drug use must submit to, pay for and pass a drug test administered by or on behalf of the department.

3.  If an individual fails a drug test under paragraph 2 of this subsection and this determination becomes final, the individual is not eligible to receive benefits under this chapter until the individual has passed a subsequent drug test administered by or on behalf of the department no earlier than four weeks after the date the individual took the failed drug test and the individual meets all the other requirements for eligibility.

D.  Notwithstanding subsection c of this section, an otherwise eligible individual who fails a drug test is eligible for benefits if the department determines from evidence presented by the individual that either:

1.  The individual is participating in a treatment program for drug abuse.

2.  The individual enrolls in and attends a treatment program for drug abuse within seven days after the date the initial notice of failure of the drug test is sent to the individual.

3.  The failure to pass the drug test is caused by the use of a drug as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 25 or 29.

E.  The department shall prescribe procedures for providing initial notice to an individual who fails a drug test under subsection C of this section, for an appeal under article 3 of this chapter and for retaking a failed drug test under this section.  The procedures shall provide:

1.  For prompt initial notice by mail to an individual who fails a drug test.  The notice shall provide:

(a)  The fact of the individual's failure of the drug test.

(b)  The manner in which to notify the department that the individual has enrolled in and is attending a treatment program for drug abuse.

(c)  The manner in which the individual may appeal and retake the failed drug test.

(d)  Common potential causes of a false positive test result.

2.  For the privacy of the individual's drug test result until the fourteenth day after the date the initial notice of the failed drug test was mailed to the individual during which time the individual may appeal and retake the failed drug test.

3.  That a determination that an individual failed a drug test under this section becomes final either:

(a)  Fifteen days after the initial notice of the failed drug test was mailed to the individual if the individual does not appeal and retake the failed drug test pursuant to this section.

(b)  On the date that a retest conducted pursuant to an appeal by the individual confirms the positive drug test result.

F.  The program established by this section ends on July 1, 2024 pursuant to section 41-3102.

G.  For the purposes of this section, "drugs" means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P.L. 91‑513; 84 Stat. 1247; 21 United States Code section 812) or pursuant to title 13, chapter 34 or the metabolite of the substance. END_STATUTE

Sec. 3.  Applicability

Section 23-771, Arizona Revised Statutes, as amended by this act, and section 23-797, Arizona Revised Statutes, as added by this act, apply to unemployment benefit claims made with the department of economic security under title 23, chapter 4, article 6, Arizona Revised Statutes, from and after December 31, 2014.