SB 1126 - This act requires that on a monthly basis the Division of Employment Security cross check Missouri unemployment compensation recipients against available federal and state databases containing new hire and wage information.

The act disqualifies a person from receiving unemployment benefits for failing or refusing to take a test for controlled substances. Under this act, such failure or refusal constitutes misconduct connected with the person's work. For a first offense, the person will be disqualified from receiving benefits for not less than six weeks nor more than 16 weeks. For a second or subsequent discharge related to failing or refusing to take a drug test, the person will be disqualified from receiving benefits for a period of 26 weeks. Further, the presence of any controlled substance shown by a test shall be deemed competent evidence and shall be admissible in any administrative hearing. The act clarifies that a positive test for prescribed medications does not constitute misconduct.

State departments, divisions and agencies that fall under the purview of the Wagner-Peyser Act shall have the power to contract with private entities for the purpose of providing employment and re-employment services.

Except as otherwise provided by law, it shall be unlawful for any person in any way associated with the Division of Unemployment Security to make known in any manner, permit the inspection or use of or divulge to anyone any information obtained by an investigation or received from any other governmental entity with respect to employment laws. However, this shall not apply to the disclosure of information by an individual charged with such information's custody or disclosure of such information in a judicial proceeding brought to enforce the employment laws of this state. Any person in violation of Section 288.385 RSMo, is guilty of a Class D felony.

Any person who receives benefits by fraud or misrepresentation associated with Chapter 288, RSMo, in which a penalty is not specified in law is guilty of a Class A misdemeanor. Further, any person who has a conviction associated with this chapter and subsequently violates a provision of Chapter 288, RSMo, is guilty of a Class D felony.

This act is similar to SS#2/SS/SCS/SB 2 (2003).
RICHARD MOORE