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House Amendment 6080

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5707, to Senate File
  1  2 2256, as passed by the Senate, as follows:
  1  3    #1.  By striking page 1, line 3, through page 2,
  1  4 line 6, and inserting the following:
  1  5    #2.  Page 1, by inserting before line 1 the
  1  6 following:
  1  7    "Section 1.  Section 123.47, Code Supplement 1995,
  1  8 is amended to read as follows:
  1  9    123.47  PERSONS UNDER THE AGE OF EIGHTEEN –
  1 10 PENALTY.
  1 11    A person shall not sell, give, or otherwise supply
  1 12 alcoholic liquor, wine, or beer to any person knowing
  1 13 or having reasonable cause to believe that person to
  1 14 be under the age of eighteen, and a person or persons
  1 15 under the age of eighteen shall not purchase or
  1 16 attempt to purchase, or individually or jointly have
  1 17 alcoholic liquor, wine, or beer in their possession or
  1 18 control; except in the case of liquor, wine, or beer
  1 19 given or dispensed to a person under the age of
  1 20 eighteen within a private home and with the knowledge,
  1 21 presence, and consent of the parent or guardian, for
  1 22 beverage or medicinal purposes or as administered to
  1 23 the person by either a physician or dentist for
  1 24 medicinal purposes and except to the extent that a
  1 25 person under the age of eighteen may handle alcoholic
  1 26 beverages, wine, and beer during the regular course of
  1 27 the person's employment by a liquor control licensee,
  1 28 or wine or beer permittee under this chapter.  A
  1 29 person, other than a licensee or permittee, who
  1 30 violates this section regarding the purchase of or
  1 31 attempt to purchase alcoholic liquor, wine, or beer
  1 32 shall pay a twenty-five seventy-five dollar penalty."
  1 33    #3.  Page 1, lines 13 through 16, by striking the
  1 34 words "or with the signed, written consent of the
  1 35 parent or guardian specifying the date and place for
  1 36 the consumption and displayed by the person upon
  1 37 demand," and inserting the following:  "or with the
  1 38 signed, written consent of the parent or guardian
  1 39 specifying the date and place for the consumption and
  1 40 displayed by the person upon demand,".
  1 41    #4.  Page 1, line 27, by striking the word "fifty"
  1 42 and inserting the following:  "fifty one hundred".
  1 43    #5.  Page 2, by inserting after line 2 the
  1 44 following:
  1 45    "Sec.    .  Section 123.49, subsection 1,
  1 46 unnumbered paragraph 1, Code 1995, is amended to read
  1 47 as follows:
  1 48    A person shall not sell, dispense, or give to an
  1 49 intoxicated person, or one simulating intoxication, or
  1 50 otherwise supply any alcoholic liquor beverage, wine,
  2  1 or beer to any other person knowing or having
  2  2 reasonable cause to believe the other person to be
  2  3 intoxicated or simulating intoxication.
  2  4    Sec.    .  Section 730.5, subsection 1, Code 1995,
  2  5 is amended to read as follows:
  2  6    1.  As used in this section, unless the context
  2  7 otherwise requires:
  2  8    a.  "drug Drug test" means any blood, urine,
  2  9 saliva, chemical, or skin tissue test conducted for
  2 10 the purpose of detecting the presence of a chemical
  2 11 substance in an individual.
  2 12    b.  "Preemployment" means that period of time
  2 13 between when a bona fide offer of employment is made
  2 14 and when employment begins.
  2 15    Sec.    .  Section 730.5, subsection 2, Code 1995,
  2 16 is amended to read as follows:
  2 17    2.  Except as provided in subsection 7, an employer
  2 18 shall not require or request employees or applicants
  2 19 for employment to submit to a drug test as a condition
  2 20 of employment, preemployment, promotion, or change in
  2 21 status of employment.  An employer shall not request,
  2 22 require, or conduct random or blanket drug testing of
  2 23 employees.  However, this section does not apply to
  2 24 preemployment drug tests authorized for peace officers
  2 25 or correctional officers of the state, or to drug
  2 26 tests required under federal statutes or under federal
  2 27 regulations adopted as of July 1, 1990, or to drug
  2 28 tests conducted pursuant to a nuclear regulatory
  2 29 commission regulation, or to drug tests conducted to
  2 30 determine if an employee is ineligible to receive
  2 31 workers' compensation under section 85.16, subsection
  2 32 2.
  2 33    The exemption granted by this subsection relating
  2 34 to drug testing pursuant to federal regulations
  2 35 adopted as of July 1, 1990, is of no effect, as it
  2 36 applies to a particular regulation, upon a finding by
  2 37 a court of competent jurisdiction, including any
  2 38 appeal of such finding, that the particular regulation
  2 39 is unconstitutional or otherwise invalid.  The
  2 40 decision of a court invalidating any regulation
  2 41 exempted by this section shall not be stayed pending
  2 42 appeal.
  2 43    Sec.    .  Section 730.5, subsection 3, paragraph
  2 44 a, Code 1995, is amended to read as follows:
  2 45    a.  The employer has probable cause to believe that
  2 46 an employee's faculties are impaired on the job.  For
  2 47 purposes of this paragraph, an employer has probable
  2 48 cause to believe that an employee's faculties are
  2 49 impaired on the job if the employer is investigating
  2 50 an accident in the workplace and all of the following
  3  1 conditions are met:
  3  2    (1)  The employer has reasonable grounds to believe
  3  3 that the employee proposed to be tested either
  3  4 directly caused or directly contributed to the
  3  5 accident.
  3  6    (2)  The employer has reasonable grounds to believe
  3  7 that the employee's faculties were impaired and that
  3  8 the impairment was likely a substantial factor in
  3  9 causing the accident.
  3 10    (3)  The accident results in a personal injury
  3 11 which requires medical treatment away from the
  3 12 workplace or damage to property, including equipment,
  3 13 in an amount reasonably estimated to exceed three
  3 14 thousand dollars at the time of the accident.
  3 15    (4)  Prior to the accident, the employer has
  3 16 provided the employee to be tested with written notice
  3 17 of the employer's rules or policies regarding alcohol
  3 18 and controlled substances and testing when a workplace
  3 19 accident or injury occurs.
  3 20    Sec.    .  Section 730.5, subsection 3, paragraph
  3 21 c, Code 1995, is amended to read as follows:
  3 22    c.  The test sample withdrawn from the employee is
  3 23 analyzed by a laboratory or testing facility that has
  3 24 been approved under rules adopted by the department of
  3 25 public health.  The laboratory or testing facility
  3 26 shall test for and report to the employer only the
  3 27 presence of alcohol or illegal controlled substances
  3 28 in any test sample.  Upon request by an employee or
  3 29 applicant for employment, the employer shall provide
  3 30 to the employee or applicant the results of any drug
  3 31 test.  The rules adopted by the department of public
  3 32 health shall provide for all of the following:
  3 33    (1)  The initial screening test may utilize
  3 34 immunoassay, thin layer, high performance liquid or
  3 35 gas chromatography, or an equivalent technology.  If
  3 36 the initial test utilizes immunoassay, the test kit
  3 37 must meet the requirements of the United States food
  3 38 and drug administration.
  3 39    (2)  Samples which have tested positive by initial
  3 40 testing, with the exception of alcohol, shall be
  3 41 confirmed by gas chromatography-mass spectrometry or
  3 42 by a scientifically equivalent technique approved by
  3 43 the department.
  3 44    (3)  All initial positive drug test results with
  3 45 the exception of alcohol shall be confirmed by gas
  3 46 chromatography-mass spectrometry or an equivalent test
  3 47 approved by the department before being reported as
  3 48 positive or negative.
  3 49    (4)  All initial positive test results for alcohol
  3 50 shall be confirmed by gas chromatography, or a test
  4  1 that is recognized by the department as an equivalent
  4  2 test before being reported as positive or negative.
  4  3    (5)  Preliminary reports for drugs other than
  4  4 alcohol shall not be issued in the absence of
  4  5 confirmation by gas chromatography-mass spectrometry
  4  6 or a scientifically equivalent test approved by the
  4  7 department.
  4  8    (6)  Complete chain of custody procedures shall be
  4  9 used for referred specimens.  When sample volumes
  4 10 permit, it is recommended that only an aliquot of the
  4 11 original specimen be sent to a reference laboratory.
  4 12    Sec.    .  Section 730.5, subsection 7, Code 1995,
  4 13 is amended to read as follows:
  4 14    7.  A drug test conducted as a part of a physical
  4 15 examination performed as a part of a preemployment
  4 16 physical or as a part of a regularly scheduled
  4 17 physical is only permissible In addition to drug
  4 18 testing permitted by subsection 3, drug testing of an
  4 19 employee or applicant for employment shall also be
  4 20 permitted under the following circumstances:
  4 21    a.  For a drug test during a preemployment
  4 22 physical, the employer shall include notice that a
  4 23 drug test will be part of a preemployment physical in
  4 24 any notice or advertisement soliciting applicants for
  4 25 employment or in the application for employment, and
  4 26 an applicant for employment shall be personally
  4 27 informed of the requirement for a drug test at the
  4 28 first interview.
  4 29    If the test sample withdrawn from the applicant is
  4 30 analyzed by the state hygienic laboratory or a
  4 31 laboratory certified by, and at the request of, the
  4 32 state hygienic laboratory, the cost of the initial
  4 33 test of the sample shall not be paid for by the
  4 34 employer but shall be paid for by the state.
  4 35    b.  For a drug test during a regularly scheduled
  4 36 physical, the employer shall give notice that a drug
  4 37 test will be part of the physical at least thirty days
  4 38 prior to the date the physical is scheduled.
  4 39    c.  For a preemployment drug test not conducted as
  4 40 part of a preemployment physical, the employer shall
  4 41 provide that any sample taken for analysis be taken
  4 42 under the direct supervision of a person licensed
  4 43 under chapter 148, 148C, 150A, or 152, and that the
  4 44 sample shall be analyzed by the state hygienic
  4 45 laboratory or a laboratory certified by, and at the
  4 46 request of, the state hygienic laboratory.
  4 47    d.  An employer may require an employee, as a
  4 48 condition of employment, to undergo testing for
  4 49 illegal use of drugs if that employee has been
  4 50 referred by the employer for substance abuse
  5  1 evaluation pursuant to subsection 3, paragraph "f",
  5  2 and treatment, if recommended by the evaluation.  The
  5  3 employee may be required to undergo testing for
  5  4 illegal use of drugs without prior notice, but in no
  5  5 case shall more than three tests be conducted in the
  5  6 eighteen-month period following the employee's
  5  7 completion of substance abuse treatment if the
  5  8 treatment was recommended by the evaluation.  A drug
  5  9 test shall not be required of an employee by an
  5 10 employer during drug treatment of the employee, if
  5 11 such testing would duplicate testing of the employee
  5 12 conducted in the course of treatment and the employee
  5 13 has waived confidentiality as to the employer of the
  5 14 results of such testing.  An employer shall not
  5 15 require an employee to submit to testing for illegal
  5 16 use of drugs under this paragraph if more than
  5 17 eighteen months have elapsed since the employee
  5 18 successfully completed drug treatment and the employee
  5 19 has not had a drug test conducted indicating the
  5 20 presence of alcohol or an illegal controlled substance
  5 21 during that eighteen-month period.
  5 22    e.  If a preemployment drug test is conducted on an
  5 23 applicant who does not reside in this state, the
  5 24 sample taken for analysis shall be maintained under
  5 25 the supervision of a comparable licensed person in the
  5 26 state in which the test is conducted and the drug test
  5 27 shall be performed by a laboratory certified by United
  5 28 States department of health and human services.
  5 29    Drug testing conducted under this subsection shall
  5 30 conform to the requirements of subsection 3,
  5 31 paragraphs "c", "d", "e", and "f"; however, paragraph
  5 32 "f" shall not apply to preemployment drug tests
  5 33 conducted as a part of a preemployment physical.
  5 34    Sec.    .  Section 730.5, subsection 9, paragraph
  5 35 a, Code 1995, is amended to read as follows:
  5 36    a.  A person who violates this section or who aids
  5 37 in the violation of this section is liable to an
  5 38 aggrieved employee or applicant for employment for
  5 39 affirmative relief including reinstatement or hiring,
  5 40 with or without back pay, liquidated damages in the
  5 41 amount of one hundred dollars for each violation, or
  5 42 any other equitable relief as the court deems
  5 43 appropriate including attorney fees and court costs.
  5 44    Sec.    .  Section 730.5, subsection 11, Code 1995,
  5 45 is amended by striking the subsection.
  5 46    Sec.    .  Section 730.5, Code 1995, is amended by
  5 47 adding the following new subsections:
  5 48    NEW SUBSECTION.  12.  An employer who conducts a
  5 49 drug test pursuant to this section shall, for each
  5 50 fiscal year beginning on or after July 1, 1996, file
  6  1 an annual report with the division of labor services
  6  2 of the department of employment services, on forms
  6  3 provided by the division, documenting separately the
  6  4 following information for all preemployment drug
  6  5 tests, regularly scheduled drug tests, and drug tests
  6  6 conducted pursuant to a finding of probable cause:
  6  7    a.  The number of drug tests conducted in each
  6  8 category.
  6  9    b.  The results of drug tests conducted in each
  6 10 category.
  6 11    c.  The number of personal injuries, and the dollar
  6 12 loss for property damage, arising out of the use of
  6 13 alcohol and illegal controlled substances by
  6 14 employees.
  6 15    d.  The cumulative direct costs of drug tests in
  6 16 each category.
  6 17    e.  The cost of substance abuse evaluation and
  6 18 treatment for employees in each category.
  6 19    NEW SUBSECTION.  13.  Any court ordered drug test
  6 20 shall not in any manner affect the rights of an
  6 21 employer to conduct a drug test under this section."
  6 22    #6.  Title page, lines 1 and 2, by striking the
  6 23 words "by persons aged eighteen, nineteen, and
  6 24 twenty," and inserting the following:  "or drugs,".
  6 25    #7.  By renumbering, relettering, or redesignating
  6 26 and correcting internal references as necessary." 
  6 27 SF 2256S
  6 28 jls/cc/26
     

Text: H06079                            Text: H06081
Text: H06000 - H06099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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