Bill Text: IN HB1207 | 2011 | Regular Session | Introduced
Bill Title: Unemployment compensation and drug testing.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-01-10 - First reading: referred to Committee on Employment, Labor and Pensions [HB1207 Detail]
Download: Indiana-2011-HB1207-Introduced.html
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 Repeals an outdated reference.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.
January 10, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
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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) Barbiturates.
(5) Cannabinoids (THC).
(6) Benzodiazepines.
(7) Phencyclidine.
(8) Methadone.
(9) Propoxyphene.
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).
(1) Unemployment compensation is subject to federal, state, and local income taxes.
(2) Requirements exist concerning estimated tax payments.
(3)
(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.
