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Text: HF02344                           Text: HF02346
Text: HF02300 - HF02399                 Text: HF Index
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House File 2345

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, subsection 1, Code 1995, is
  1  2 amended to read as follows:
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "drug Drug test" means any blood, urine, saliva,
  1  6 chemical, or skin tissue test conducted for the purpose of
  1  7 detecting the presence of a chemical substance in an
  1  8 individual.
  1  9    b.  "Neutral selection basis" means a mechanism for
  1 10 selecting employees for drug testing that results in an equal
  1 11 probability that any employee from a group of employees
  1 12 subject to the selection mechanism will be selected and that
  1 13 does not give an employer discretion to waive the selection of
  1 14 any employee selected under the mechanism.
  1 15    c.  "Public safety employee" means an employee of the state
  1 16 or a political subdivision of the state who is a fire fighter,
  1 17 peace officer as defined in section 801.4, an employee of the
  1 18 department of justice performing duties specified in section
  1 19 13.2, subsections 1 through 3, a prosecuting attorney as
  1 20 defined in section 13A.1, or an employee of the judicial
  1 21 department or a judicial officer as defined in section
  1 22 602.1101.
  1 23    Sec. 2.  Section 730.5, subsection 3, paragraph a, Code
  1 24 1995, is amended to read as follows:
  1 25    a.  The employer has probable cause to believe that an
  1 26 employee's faculties are impaired on the job.  However, an
  1 27 employer may require a public safety employee to submit to a
  1 28 drug test on a neutral selection basis.
  1 29    Sec. 3.  Section 730.5, subsection 3, paragraph f, Code
  1 30 1995, is amended by adding the following new unnumbered
  1 31 paragraph:
  1 32    NEW UNNUMBERED PARAGRAPH.  However, an employer of a public
  1 33 safety employee whose drug test indicates the presence of
  1 34 alcohol or a controlled substance may discipline the employee,
  1 35 up to and including discharge, and shall require, as a
  2  1 condition of employment, that the employee undergo substance
  2  2 abuse evaluation and treatment at the employee's expense,
  2  3 unless evaluation and treatment are provided under an employee
  2  4 benefit plan.  
  2  5                           EXPLANATION
  2  6    This bill provides for random drug testing of public safety
  2  7 employees.  The bill defines "public safety employee" as a
  2  8 fire fighter, peace officer, prosecuting attorney, employee of
  2  9 the department of justice, judicial officer, or employee of
  2 10 the judicial department, and establishes the requirements of a
  2 11 random drug test.  The bill also provides that a public safety
  2 12 employee who tests positive for drugs or alcohol may be
  2 13 disciplined, including discharge, and shall be required, as a
  2 14 condition of employment, to complete substance abuse
  2 15 evaluation and treatment at the employee's expense unless such
  2 16 treatment is provided under an employee benefit plan.
  2 17    A violation of the section concerning drug testing of
  2 18 employees constitutes a simple misdemeanor.  
  2 19 LSB 2336HZ 76
  2 20 ec/cf/24
     
Text: HF02344                           Text: HF02346
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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