Text: S05880 Text: S05882 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend the amendment, S-5780, to the House 1 2 amendment, S-5707, to Senate File 2256, as amended, 1 3 passed, and reprinted by the Senate, as follows: 1 4 #1. Page 1, by striking lines 1 through 5 and 1 5 inserting the following: 1 6 "Amend the House amendment, S-5707, to Senate File 1 7 2256, as passed by the Senate, as follows: 1 8 # . By striking page 1, line 3, through page 2, 1 9 line 6, and inserting the following: 1 10 "# . Page 1, by inserting before line 1 the 1 11 following: 1 12 "Section 1. Section 123.47, Code Supplement 1995, 1 13 is amended to read as follows: 1 14 123.47 PERSONS UNDER THE AGE OF EIGHTEEN – 1 15 PENALTY. 1 16 A person shall not sell, give, or otherwise supply 1 17 alcoholic liquor, wine, or beer to any person knowing 1 18 or having reasonable cause to believe that person to 1 19 be under the age of eighteen, and a person or persons 1 20 under the age of eighteen shall not purchase or 1 21 attempt to purchase, or individually or jointly have 1 22 alcoholic liquor, wine, or beer in their possession or 1 23 control; except in the case of liquor, wine, or beer 1 24 given or dispensed to a person under the age of 1 25 eighteen within a private home and with the knowledge, 1 26 presence, and consent of the parent or guardian, for 1 27 beverage or medicinal purposes or as administered to 1 28 the person by either a physician or dentist for 1 29 medicinal purposes and except to the extent that a 1 30 person under the age of eighteen may handle alcoholic 1 31 beverages, wine, and beer during the regular course of 1 32 the person's employment by a liquor control licensee, 1 33 or wine or beer permittee under this chapter. A 1 34 person, other than a licensee or permittee, who 1 35 violates this section regarding the purchase of or 1 36 attempt to purchase alcoholic liquor, wine, or beer 1 37 shall pay atwenty-fiveseventy-five dollar penalty." 1 38 # . Page 1, lines 13 through 16, by striking the 1 39 words "or with the signed, written consent of the 1 40 parent or guardian specifying the date and place for 1 41 the consumption and displayed by the person upon 1 42 demand," and inserting the following: "or with the1 43signed, written consent of the parent or guardian1 44specifying the date and place for the consumption and1 45displayed by the person upon demand,". 1 46 # . Page 1, line 27, by striking the word 1 47 "fifty" and inserting the following: "fiftyone 1 48 hundred". 1 49 # . Page 2, by inserting after line 2 the 1 50 following: 2 1 "Sec. . Section 123.49, subsection 1, 2 2 unnumbered paragraph 1, Code 1995, is amended to read 2 3 as follows: 2 4 A person shall not sell,dispense, orgiveto an2 5intoxicated person, or one simulating intoxication, or 2 6 otherwise supply any alcoholicliquorbeverage, wine, 2 7 or beer to any other person knowing or having 2 8 reasonable cause to believe the other person to be 2 9 intoxicated or simulating intoxication. 2 10 Sec. . Section 730.5, subsection 1, Code 1995, 2 11 is amended to read as follows: 2 12 1. As used in this section, unless the context 2 13 otherwise requires: 2 14 a. "drugDrug test" means any blood, urine, 2 15 saliva, chemical, or skin tissue test conducted for 2 16 the purpose of detecting the presence of a chemical 2 17 substance in an individual. 2 18 b. "Preemployment" means that period of time 2 19 between when a bona fide offer of employment is made 2 20 and when employment begins. 2 21 Sec. . Section 730.5, subsection 2, Code 1995, 2 22 is amended to read as follows: 2 23 2. Except as provided in subsection 7, an employer 2 24 shall not require or request employees or applicants 2 25 for employment to submit to a drug test as a condition 2 26 of employment, preemployment, promotion, or change in 2 27 status of employment. An employer shall not request, 2 28 require, or conduct random or blanket drug testing of 2 29 employees. However, this section does not apply to 2 30 preemployment drug tests authorized for peace officers 2 31 or correctional officers of the state, or to drug 2 32 tests required under federal statutes or under federal 2 33 regulationsadopted as of July 1, 1990, or to drug 2 34 tests conducted pursuant to a nuclear regulatory 2 35 commission regulation, or to drug tests conducted to 2 36 determine if an employee is ineligible to receive 2 37 workers' compensation under section 85.16, subsection 2 38 2. 2 39 The exemption granted by this subsection relating 2 40 to drug testing pursuant to federal regulations 2 41adopted as of July 1, 1990,is of no effect, as it 2 42 applies to a particular regulation, upon a finding by 2 43 a court of competent jurisdiction, including any 2 44 appeal of such finding, that the particular regulation 2 45 is unconstitutional or otherwise invalid. The 2 46 decision of a court invalidating any regulation 2 47 exempted by this section shall not be stayed pending 2 48 appeal. 2 49 Sec. . Section 730.5, subsection 3, paragraph 2 50 a, Code 1995, is amended to read as follows: 3 1 a. The employer has probable cause to believe that 3 2 an employee's faculties are impaired on the job. For 3 3 purposes of this paragraph, an employer has probable 3 4 cause to believe that an employee's faculties are 3 5 impaired on the job if the employer is investigating 3 6 an accident in the workplace and all of the following 3 7 conditions are met: 3 8 (1) The employer has reasonable grounds to believe 3 9 that the employee proposed to be tested either 3 10 directly caused or directly contributed to the 3 11 accident. 3 12 (2) The employer has reasonable grounds to believe 3 13 that the employee's faculties were impaired and that 3 14 the impairment was likely a substantial factor in 3 15 causing the accident. 3 16 (3) The accident results in a personal injury 3 17 which requires medical treatment away from the 3 18 workplace or damage to property, including equipment, 3 19 in an amount reasonably estimated to exceed three 3 20 thousand dollars at the time of the accident. 3 21 (4) Prior to the accident, the employer has 3 22 provided the employee to be tested with written notice 3 23 of the employer's rules or policies regarding alcohol 3 24 and controlled substances and testing when a workplace 3 25 accident or injury occurs. 3 26 Sec. . Section 730.5, subsection 3, paragraph 3 27 c, Code 1995, is amended to read as follows: 3 28 c. The test sample withdrawn from the employee is 3 29 analyzed by a laboratory or testing facility that has 3 30 been approved under rules adopted by the department of 3 31 public health. The laboratory or testing facility 3 32 shall test for and report to the employer only the 3 33 presence of alcohol or illegal controlled substances 3 34 in any test sample. Upon request by an employee or 3 35 applicant for employment, the employer shall provide 3 36 to the employee or applicant the results of any drug 3 37 test. The rules adopted by the department of public 3 38 health shall provide for all of the following: 3 39 (1) The initial screening test may utilize 3 40 immunoassay, thin layer, high performance liquid or 3 41 gas chromatography, or an equivalent technology. If 3 42 the initial test utilizes immunoassay, the test kit 3 43 must meet the requirements of the United States food 3 44 and drug administration. 3 45 (2) Samples which have tested positive by initial 3 46 testing, with the exception of alcohol, shall be 3 47 confirmed by gas chromatography-mass spectrometry or 3 48 by a scientifically equivalent technique approved by 3 49 the department. 3 50 (3) All initial positive drug test results with 4 1 the exception of alcohol shall be confirmed by gas 4 2 chromatography-mass spectrometry or an equivalent test 4 3 approved by the department before being reported as 4 4 positive or negative. 4 5 (4) All initial positive test results for alcohol 4 6 shall be confirmed by gas chromatography, or a test 4 7 that is recognized by the department as an equivalent 4 8 test before being reported as positive or negative. 4 9 (5) Preliminary reports for drugs other than 4 10 alcohol shall not be issued in the absence of 4 11 confirmation by gas chromatography-mass spectrometry 4 12 or a scientifically equivalent test approved by the 4 13 department. 4 14 (6) Complete chain of custody procedures shall be 4 15 used for referred specimens. When sample volumes 4 16 permit, it is recommended that only an aliquot of the 4 17 original specimen be sent to a reference laboratory. 4 18 Sec. . Section 730.5, subsection 7, Code 1995, 4 19 is amended to read as follows: 4 20 7.A drug test conducted as a part of a physical4 21examination performed as a part of a preemployment4 22physical or as a part of a regularly scheduled4 23physical is only permissibleIn addition to drug 4 24 testing permitted by subsection 3, drug testing of an 4 25 employee or applicant for employment shall also be 4 26 permitted under the following circumstances: 4 27 a. For a drug test during a preemployment 4 28 physical, the employer shall include notice that a 4 29 drug test will be part of a preemployment physical in 4 30 any notice or advertisement soliciting applicants for 4 31 employment or in the application for employment, and 4 32 an applicant for employment shall be personally 4 33 informed of the requirement for a drug test at the 4 34 first interview. 4 35 If the test sample withdrawn from the applicant is 4 36 analyzed by the state hygienic laboratory or a 4 37 laboratory certified by, and at the request of, the 4 38 state hygienic laboratory, the cost of the initial 4 39 test of the sample shall not be paid for by the 4 40 employer but shall be paid for by the state. 4 41 b. For a drug test during a regularly scheduled 4 42 physical, the employer shall give notice that a drug 4 43 test will be part of the physical at least thirty days 4 44 prior to the date the physical is scheduled. 4 45 c. For a preemployment drug test not conducted as 4 46 part of a preemployment physical, the employer shall 4 47 provide that any sample taken for analysis be taken 4 48 under the direct supervision of a person licensed 4 49 under chapter 148, 148C, 150A, or 152, and that the 4 50 sample shall be analyzed by the state hygienic 5 1 laboratory or a laboratory certified by, and at the 5 2 request of, the state hygienic laboratory. 5 3 d. An employer may require an employee, as a 5 4 condition of employment, to undergo testing for 5 5 illegal use of drugs if that employee has been 5 6 referred by the employer for substance abuse 5 7 evaluation pursuant to subsection 3, paragraph "f", 5 8 and treatment, if recommended by the evaluation. The 5 9 employee may be required to undergo testing for 5 10 illegal use of drugs without prior notice, but in no 5 11 case shall more than three tests be conducted in the 5 12 eighteen-month period following the employee's 5 13 completion of substance abuse treatment if the 5 14 treatment was recommended by the evaluation. A drug 5 15 test shall not be required of an employee by an 5 16 employer during drug treatment of the employee, if 5 17 such testing would duplicate testing of the employee 5 18 conducted in the course of treatment and the employee 5 19 has waived confidentiality as to the employer of the 5 20 results of such testing. An employer shall not 5 21 require an employee to submit to testing for illegal 5 22 use of drugs under this paragraph if more than 5 23 eighteen months have elapsed since the employee 5 24 successfully completed drug treatment and the employee 5 25 has not had a drug test conducted indicating the 5 26 presence of alcohol or an illegal controlled substance 5 27 during that eighteen-month period. 5 28 e. If a preemployment drug test is conducted on an 5 29 applicant who does not reside in this state, the 5 30 sample taken for analysis shall be maintained under 5 31 the supervision of a comparable licensed person in the 5 32 state in which the test is conducted and the drug test 5 33 shall be performed by a laboratory certified by United 5 34 States department of health and human services. 5 35 Drug testing conducted under this subsection shall 5 36 conform to the requirements of subsection 3, 5 37 paragraphs "c", "d", "e", and "f"; however, paragraph 5 38 "f" shall not apply to preemployment drug tests 5 39conducted as a part of a preemployment physical. 5 40 Sec. . Section 730.5, subsection 9, paragraph 5 41 a, Code 1995, is amended to read as follows: 5 42 a. A person who violates this section or who aids 5 43 in the violation of this section is liable to an 5 44 aggrieved employee or applicant for employment for 5 45 affirmative relief including reinstatement or hiring, 5 46 with or without back pay, liquidated damages in the 5 47 amount of one hundred dollars for each violation, or 5 48 any other equitable relief as the court deems 5 49 appropriate including attorney fees and court costs. 5 50 Sec. . Section 730.5, subsection 11, Code 1995, 6 1 is amended by striking the subsection. 6 2 Sec. . Section 730.5, Code 1995, is amended by 6 3 adding the following new subsections: 6 4 NEW SUBSECTION. 12. An employer who conducts a 6 5 drug test pursuant to this section shall, for each 6 6 fiscal year beginning on or after July 1, 1996, file 6 7 an annual report with the division of labor services 6 8 of the department of employment services, on forms 6 9 provided by the division, documenting separately the 6 10 following information for all preemployment drug 6 11 tests, regularly scheduled drug tests, and drug tests 6 12 conducted pursuant to a finding of probable cause: 6 13 a. The number of drug tests conducted in each 6 14 category. 6 15 b. The results of drug tests conducted in each 6 16 category. 6 17 c. The number of personal injuries, and the dollar 6 18 loss for property damage, arising out of the use of 6 19 alcohol and illegal controlled substances by 6 20 employees. 6 21 d. The cumulative direct costs of drug tests in 6 22 each category. 6 23 e. The cost of substance abuse evaluation and 6 24 treatment for employees in each category. 6 25 NEW SUBSECTION. 13. Any court ordered drug test 6 26 shall not in any manner affect the rights of an 6 27 employer to conduct a drug test under this section." 6 28 # . Title page, lines 1 and 2, by striking the 6 29 words "by persons aged eighteen, nineteen, and 6 30 twenty," and inserting the following: "or drugs,". 6 31 # . By renumbering, relettering, or 6 32 redesignating and correcting internal references as 6 33 necessary."" 6 34 6 35 6 36 6 37 TOM VILSACK 6 38 6 39 6 40 6 41 RANDAL J. GIANNETTO 6 42 6 43 6 44 6 45 DENNIS H. BLACK 6 46 SF 2256.704 76 6 47 jls/sc
Text: S05880 Text: S05882 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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