Report Title:

Unemployment Insurance Benefits; Drug Testing

Description:

Requires persons applying for unemployment insurance benefits to undergo drug testing.

HOUSE OF REPRESENTATIVES

H.B. NO.

1766

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO UNEMPLOYMENT INSURANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to promote a drug-free workplace by denying unemployment insurance benefits to those applicants for benefits who fail a test for illegal drugs.

SECTION 2. Chapter 383, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§383-   Drug testing of applicants; disqualification. No unemployment insurance benefits under this chapter shall be paid to an applicant if the individual has tested positive for illegal drugs in a test conducted by a clinical laboratory licensed pursuant to section 321-13. The director may require the individual to undergo drug testing at the time of the individual's application for benefits and periodically thereafter. For purposes of this paragraph, "illegal drug" means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, for which the individual lacks a valid prescription. The director shall adopt rules to implement this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________