Unemployment compensation; misconduct and qualification for benefits, etc. (SB319)

Introduced By

Sen. Bill Carrico (R-Grayson) with support from co-patrons Sen. Dick Black (R-Leesburg), and Sen. Frank Ruff (R-Clarksville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Unemployment compensation; misconduct and qualification for benefits; tests for nonprescribed controlled substances.  Provides that an unemployed individual is not available for work, and thus is ineligible to receive unemployment benefits, until a representative of the Virginia Employment Commission has screened the individual to determine whether probable cause exists to believe the individual is engaged in the use of nonprescribed controlled substances. Probable cause to believe such individual is engaged in the use of a nonprescribed controlled substance will exist for any individual who, within the preceding 10 weeks, has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance. If a screening indicates probable cause to believe an individual is engaged in the use of a nonprescribed controlled substance, the Commission shall require a formal substance abuse assessment of the individual. An individual who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of a nonprescribed controlled substance shall be ineligible to receive unemployment benefits for six months. In addition, (i) an individual who has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance will also be barred, during the following 10 weeks, from receiving unemployment benefits otherwise payable as a result of other employment, (ii) the provision that currently permits the Commission to consider evidence of mitigating circumstances in determining whether misconduct occurred is repealed, (iii) any benefits paid to an employee who has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance shall not be charged to the account of the employer that discharged the employee, (iv) an individual who has been rejected for offered employment as the result of either failing to appear for such a drug screen that is a condition of a job offer or testing positive for a nonprescribed controlled substance is disqualified from receiving unemployment benefits, and (v) provisions allowing drug tests to comply with standards other than a United States Department of Transportation-qualified drug screen are repealed. Amends § 60.2-612, § 60.2-618, of the Code of Virginia. Read the Bill »

Status

01/10/2012: Awaiting a Vote in the Commerce and Labor Committee

History

  • 01/10/2012 Prefiled and ordered printed; offered 01/11/12 12100632D
  • 01/10/2012 Referred to Committee on Commerce and Labor
  • 01/23/2012 Impact statement from DPB (SB319)
  • 01/23/2012 Passed by indefinitely in Commerce and Labor (9-Y 6-N) (see vote tally)