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B 34-38

AN ACT TO AMEND § 2108 OF CHAPTER 2, TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO REQUIRING EMPLOYEES WHO RESIGN FROM GOVERNMENT OF GUAM EMPLOYMENT TO SUBMIT TO AND PASS DRUG TESTING TO RETAIN REEMPLOYMENT RIGHTS IF’ SAID RESIGNATION WAS TENDERED WITHIN THIRTY (30) DAYS OF AN ANNOUNCED OR RANDOM DRUG TESTING, AND TO REQUIRE EMPLOYEES TO SUBMIT TO DRUG TESTING PRIOR TO RE-EMPLOYMENT

38th Guam Legislature

The bill requires government employees who resign to take a drug test and, if seeking reemployment, to pass that test before being rehired.

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Bill Summary · B 34-38

Summary of Bill B 34-38

Overview

Bill B 34-38 proposes an amendment to § 2108 of Chapter 2, Title 4 of the Guam Code Annotated. The core aim is to require drug testing for government employees who resign under certain circumstances, and to condition eligibility for reemployment on passing such testing. The bill was introduced on November 27, 2025. The current status is not provided.

Purpose and Intent

  • Strengthen the government’s drug-testing framework by tying resignations and future reemployment to drug testing outcomes.
  • Ensure that reemployment in the Government of Guam occurs only after a successful drug test, thereby promoting a drug-free workplace.

Key Provisions and Changes

  1. Amending § 2108, Chapter 2, Title 4, GCA:

    • Applies to employees who resign from Government of Guam employment.

  2. Reemployment Rights Tied to Resignation Timing:

    • If an employee’s resignation is tendered within thirty (30) days of an announced or random drug testing, their ability to retain reemployment rights is conditioned on submitting to and passing a drug test.

  3. Pre-Reemployment Drug Testing Requirement:

    • Employees seeking re-employment must submit to (and pass) a drug test prior to being re-hired.

  4. Implementation Details (not specified in the summary):

    • The bill outlines the requirement for drug testing but does not provide in the summary the exact testing protocol, test types (e.g., urine, hair), frequency, or what constitutes “passing.” The implementing agency would presumably establish these details.

Who Is Affected

  • Government of Guam employees who resign from government service.
  • Applicants seeking reemployment with the Government of Guam.
  • Government agencies and personnel offices responsible for administering drug tests and processing reemployment.

Procedural and Timeline Aspects

  • Introduced: November 27, 2025.
  • Status: Not provided in the available information.
  • Effective date: Not specified in the summary; the bill would typically specify when its provisions take effect (e.g., upon enactment or a specified date) within the enacted text.

Potential Impacts and Considerations

  • Administrative: Agencies would need formal drug-testing procedures for resignations and for pre-employment screening of rehires.
  • Workforce Effects: Could influence resignation behavior (e.g., timing relative to testing announcements) and impose additional barriers to reemployment.
  • Privacy and Legal Considerations: Implications for employee privacy, consent, and due process would depend on the bill’s finalized language and implementing rules.
  • Financial/Operational Costs: Increased costs for testing programs and administrative processing.

Notes for Readers

  • The summary reflects the bill’s stated intent and provisions as presented. The actual effect will depend on the final enacted text, accompanying regulations, and any implementing policies established by Guam agencies.

Compiled from official sources — confirm details with the bill’s official record.

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