Bill Text: GA HB697 | 2011-2012 | Regular Session | Introduced
Bill Title: Unemployment compensation benefits; random drug testing to continue benefits; require
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-01-11 - House Second Readers [HB697 Detail]
Download: Georgia-2011-HB697-Introduced.html
12 LC 35
2357
House
Bill 697
By:
Representative Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, relating to unemployment compensation benefits, so as to require
random drug testing as a condition of continuing unemployment compensation
benefits; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating
to unemployment compensation benefits, is amended by adding a new Code section
to read as follows:
"34-8-190.1.
(a)
The Commissioner shall institute a random drug testing program for recipients of
unemployment compensation benefits administered under this article.
(b)
The Commissioner shall deem ineligible for continuing unemployment compensation
benefits any recipient of such benefits if the recipient fails a drug test for
illegal consumption of any marijuana, dangerous drug, or controlled
substance.
(c)
Any recipient of unemployment compensation benefits shall submit at least once
per year to the Commissioner's random drug testing program as a requirement for
eligibility or continued receipt of such benefits. Failure to comply shall be
the same as failing a drug test, and the recipient shall be considered
ineligible for continued unemployment compensation benefits until agreeing to
submit to and passing the Commissioner's random drug testing
program.
(d)
Any recipient of unemployment compensation benefits deemed ineligible for
benefits by the Commissioner following a failure of a drug test as provided in
subsection (b) of this Code section shall be ineligible to receive such benefits
for a period of time determined by the Commissioner; provided, however, that
such time period shall be the maximum period of time permitted under federal law
for a failure to satisfy conditions of continuing benefits but in no case shall
such period of time exceed two years from the date that the Commissioner found a
recipient ineligible for benefits pursuant to this Code section.
(e)
The Commissioner shall be responsible for ensuring that recipients chosen for
drug testing are selected at random and not by any other criteria, including,
but not limited to, suspicion of drug use, previous drug use, or criminal
conviction for drug use or possession.
(f)
The Commissioner shall be responsible for ensuring the confidentiality of any
and all drug test results administered as part of the program. Random drug test
results shall only be used for the purpose of determining eligibility for
continued receipt of unemployment compensation benefits. At no time shall drug
test results be released to any public or private person or entity except as
requested by the person tested or the Department of Human Services.
(g)
The costs of the drug test administered pursuant to this Code section shall be
deducted from the unemployment benefits provided to the
recipient."
SECTION
2.
This
Act shall become effective on January 1, 2013, and apply to recipients of
unemployment compensation benefits on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.