Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Cato
Document Path: l:\council\bills\dka\3891dw04.doc
Introduced in the House on April 14, 2004
Last Amended on May 11, 2004
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Employment security benefits, drug testing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/14/2004 House Introduced and read first time HJ-71 4/14/2004 House Referred to Committee on Labor, Commerce and Industry HJ-71 5/5/2004 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-2 5/6/2004 Scrivener's error corrected 5/11/2004 House Amended HJ-12 5/11/2004 House Debate adjourned until Wednesday, May 12, 2004 HJ-14 5/12/2004 House Requests for debate-Rep(s). Scott, Kennedy, Howard, Lloyd, Breeland, R Brown, Moody-Lawrence, J Hines, Freeman, Skelton, Chellis, Cato, JR Smith, GR Smith, Govan, Tripp, Sandifer, JE Smith and Gourdine HJ-15 5/19/2004 House Debate adjourned until Thursday, May 20, 2004 HJ-288 5/25/2004 House Recommitted to Committee on Labor, Commerce and Industry HJ-110
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Path council\dka\3933dw04)
May 11, 2004
S. Printed 5/5/04--H.
Read the first time April 14, 2004.
TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-35-120(2) of the 1976 Code is amended to read:
"(2) Discharge for cause connected with the employment.
(a) If the commission finds that he has been discharged for cause connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing not less than five nor more than the next twenty-six weeks,
(in addition to the waiting period ), with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification. The ineligibility period must be determined by the commission in each case according to the seriousness of the cause for discharge. A charge of discharge for cause connected with the employment may not be made for failure to meet production requirements unless the failure is occasioned by wilful failure or neglect of duty. 'Cause connected with the employment' as used herein shall require in this item requires more than a failure in good performance of the employee as the result of inability or incapacity.
(b) An insured worker is considered to have been discharged for cause pursuant to this item, and is ineligible for benefits if the:
(i) company has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and
(ii) insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or
(iii) insured worker makes an admission to the employer that he uses, has used, or is using illegal drugs; or that he uses, has used, or is using legal drugs unlawfully. For purposes of this item, 'unlawfully' means without a prescription, or outside the scope of that prescribed by a board-certified physician; or
(iv) insured worker provides a blood, hair, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs, provided:
(A) the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and
(B) the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, the State Law Enforcement Division, or another recognized authority; and
(C) any initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse.
(c) Notwithstanding the provisions of item (2)(b)(iii), if an insured worker makes an admission as defined in it pursuant to the employer's policy, which provides that voluntary admissions made before the employer's request to the employee to submit to testing may protect an employee from immediate termination, then the admission is inadmissible for purposes of this section as long as the:
(A) employer has communicated a written policy, which provides protection from immediate termination for employees who voluntarily admit prohibited drug use before the employer's request to submit to a test; and
(B) employee makes the admission specifically pursuant to the employer's policy.
(d) Information, interviews, reports, and drug-test results, written or otherwise, received by an employer through a drug-testing program may be used or received in evidence in proceedings conducted pursuant to the provisions of this title for the purposes of determining eligibility for unemployment compensation, including any administrative or judicial appeal."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:41 A.M.