2024 24LSO-0564
STATE OF WYOMING
HOUSE BILL NO. HB0202
Unemployment compensation-promoting a drug-free workforce.
Sponsored by: Representative(s) Hornok, Allemand, Andrew,
Heiner, Jennings, Knapp, Locke, Penn,
Rodriguez-Williams, Singh, Tarver, Trujillo and Winter and Senator(s) Biteman, Bouchard and Hutchings
A BILL
for
1 AN ACT relating to unemployment compensation; requiring
2 persons receiving unemployment compensation to submit to
3 drug testing as specified; disqualifying persons who fail
4 drug tests from unemployment benefits as specified;
5 authorizing the crediting or refunding of employers'
6 unemployment compensation contributions as specified;
7 requiring rulemaking; and providing for effective dates.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 27-3-306 by creating a new subsection
12 (f), 27-3-311 by creating a new subsection (g) and 27-3-515
13 by creating a new subsection (d) are amended to read:
14
1 HB0202
 2024 STATE OF WYOMING 24LSO-0564
1 27-3-306. Eligibility requirements; waiver or
2 amendment authorized; unemployed waiting period;
3 registration and referral for suitable work.
4
5 (f) The department shall administer or otherwise
6 require persons receiving unemployment benefits to submit
7 to weekly rapid drug testing to screen for the presence of
8 scheduled drugs according to the Wyoming Controlled
9 Substances Act of 1971. The department shall disqualify
10 from unemployment benefits persons who fail a drug test if:
11
12 (i) The person was most recently employed by an
13 employer who complies with an approved drug and alcohol
14 testing program pursuant to W.S. 27-14-201(o);
15
16 (ii) The person is likely to find suitable
17 employment in an occupation that requires drug testing by
18 either state or federal law as a condition of employment or
19 as a condition of holding any license or permit required
20 for employment in that occupation; or
21
2 HB0202
 2024 STATE OF WYOMING 24LSO-0564
1 (iii) The person is likely to find suitable
2 employment that is listed as extrahazardous pursuant to
3 W.S. 27-14-108.
4
5 27-3-311. Disqualifications from entitlement;
6 grounds; forfeiture.
7
8 (g) A person who was terminated from employment
9 because they failed a drug test required by their employer
10 as a condition of employment, including a drug test
11 required by state or federal law for their occupation, as a
12 condition of holding a valid license or permit necessary
13 for their occupation or as part of an approved drug and
14 alcohol testing program pursuant to W.S. 27-14-201(o),
15 shall not be entitled to unemployment benefits until they
16 have established a new base period as defined by W.S.
17 27-3-102(a)(i).
18
19 27-3-515. Adjustment or refund for erroneous
20 collection or for payments to persons found ineligible;
21 reduction of contributions and interest in certain cases;
22 recovery by department.
23
3 HB0202
 2024 STATE OF WYOMING 24LSO-0564
1 (d) An employer shall be credited or refunded the
2 amount of contributions made for the benefit of an employee
3 who is determined to be ineligible pursuant to W.S.
4 27-3-306(f). The department shall grant an adjustment
5 without interest for future contribution payments or if the
6 adjustment cannot be made, refund the amount without
7 interest from the fund. This subsection applies only to
8 payments made by an employer within three (3) years before
9 the date of application or determination.
10
11 Section 2. The department of workforce services shall
12 promulgate all rules necessary to implement this act.
13
4 HB0202
 2024 STATE OF WYOMING 24LSO-0564
1 Section 3.
2
3 (a) Except as otherwise provided by subsection (b) of
4 this section, this act is effective July 1, 2024.
5
6 (b) Sections 2 and 3 of this act are effective
7 immediately upon completion of all acts necessary for a
8 bill to become law as provided by Article 4, Section 8 of
9 the Wyoming Constitution.
10
11 (END)
5 HB0202


Statutes affected:
Introduced: 27-3-306, 27-3-311, 27-3-515