Bill Text: AZ SB1495 | 2012 | Fiftieth Legislature 2nd Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment insurance; drug tests

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-03-22 - Referred to House RULES Committee [SB1495 Detail]

Download: Arizona-2012-SB1495-Introduced.html




REFERENCE TITLE: unemployment insurance; drug tests





State of Arizona


Fiftieth Legislature

Second Regular Session




SB 1495


Introduced by

Senator Smith





amending Title 23, chapter 4, article 6, Arizona Revised Statutes, by adding section 23-795; relating to employment security.





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

Section 1.  Title 23, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 23-795, to read:

START_STATUTE23-795.  Drug testing of individuals; notice; rules; definition

A.  The department shall require drug testing of all individuals who apply for benefits under this chapter.  The individual shall pay for the cost of the drug test.  An individual who receives a positive drug test is ineligible to receive benefits under this chapter for thirty days.  After thirty days, the individual may reapply for benefits under this chapter after taking a subsequent drug test at the Individual's own expense and receiving a negative drug test.

B.  The department shall require drug testing of all individuals who receive benefits under this chapter.  An individual who receives a positive drug test shall forfeit that month's benefit and shall take subsequent drug tests for six consecutive months at the individual's own expense.  The individual must receive a negative drug test in order to continue receiving benefits.  If the individual fails any of the subsequent drug tests during the six‑month period, the individual forfeits the monthly benefit and cannot reapply for benefits until six months from the date of the positive drug test.

C.  At the time of application, the department shall:

1.  Provide the individual a notice of the drug test requirements under this section.  The notice must advise the individual that drug tests are conducted as a condition for receiving benefits and that the individual is responsible for the cost of the drug tests.

2.  Advise the individual that a drug test may be avoided if the individual does not receive benefits.

3.  Before conducting the drug test, advise the individual that the individual may disclose to the person administering the drug test any prescription or over-the-counter medication that the individual is taking.

4.  Require the individual to sign a written acknowledgement that the individual received and understood the notice and advice required under paragraphs 1, 2 and 3 of this subsection.

5.  Provided a reasonable degree of dignity to the individual while the individual produces and submits a drug test sample that is consistent with ensuring reliability of the sample.

6.  Specify circumstances under which an individual who fails a drug test has a right to take one or more additional tests.

7.  Inform an individual who receives a positive drug test of the requirements prescribed in subsection B of this section.

8.  Provide an individual who receives a positive drug test with a list of substance abuse treatment providers that are located near the individual's residence and that are approved by the department.  The department is not responsible for providing or paying for substance abuse treatment as part of the screening conducted under this section.

D.  The department may prescribe the method of the drug tests under this section.

E.  The department shall adopt rules to implement this section.

F.  For the purposes of this section, "drug" means a controlled substance as defined in section 36-2501, or a dangerous drug or narcotic drug as defined in section 13-3401. END_STATUTE