74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1078
 
                         House Bill 2441
 
Sponsored by Representative HANNA (Presession filed.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires individual to take drug test to be eligible for
unemployment insurance benefits. Makes individual who tests
positive for unlawful drug ineligible for benefits until
individual tests negative and completes drug abuse treatment
program. Makes individual who has tested positive for unlawful
drug subject to random drug testing. Requires Employment
Department to deduct cost of drug tests from individual's
benefits. Requires Director of Employment Department to adopt
rules.
 
                        A BILL FOR AN ACT
Relating to eligibility for unemployment insurance benefits.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 657. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Clinical laboratory' means a clinical laboratory licensed
under ORS 438.010 to 438.510.
  (b) 'Drug test' means a test for a controlled substance as
defined in ORS 475.005.
  (c) 'Recognized drug abuse treatment program' means a drug
abuse treatment program authorized under the law of this or
another state.
  (d) 'Unlawful drug' means a drug that is unlawful for the
individual to use, possess or distribute under Oregon law.
  (2) An individual who is otherwise eligible for unemployment
insurance benefits is ineligible for benefits until the
individual has taken a drug test conducted by a clinical
laboratory. The Employment Department shall deduct the cost of
the drug test from the individual's benefits.
  (3) If the individual tests negative for unlawful drugs, the
individual is no longer ineligible for benefits under subsection
(2) or (6) of this section.
  (4) If the individual tests positive for an unlawful drug, the
individual is ineligible for benefits until the individual:
  (a) Takes a drug test conducted by a clinical laboratory and
tests negative for unlawful drugs; and
  (b) Completes a recognized drug abuse treatment program.
  (5) Upon testing negative for unlawful drugs and completing a
recognized drug abuse treatment program, the individual is no
 
longer ineligible for benefits under subsection (4) of this
section.
  (6) When an individual who was previously ineligible for
benefits under subsection (4) of this section begins receiving
benefits, the individual is subject to random drug tests
conducted by a clinical laboratory. When the department has
randomly selected an individual for a drug test, the individual
is ineligible for further benefits until the individual has taken
the drug test. Subsections (3), (4) and (5) of this section apply
to a random drug test conducted under this subsection. The
department shall deduct the cost of a drug test from the
individual's benefits.
  (7) The Director of the Employment Department shall adopt rules
to carry out the provisions of this section, including procedures
for randomly selecting individuals for drug tests under
subsection (6) of this section. + }
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