Text: S05883 Text: S05885 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
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 inserting before line 1 the 1 5 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. "Employee" means employee as defined in section 2 19 85.61 and includes the employer, and any chief 2 20 executive officer, president, vice president, 2 21 supervisor, manager, and officer of the employer. 2 22 Sec. . Section 730.5, subsection 2, Code 1995, 2 23 is amended to read as follows: 2 24 2. Except as provided in subsection 7, an employer 2 25 shall not require or request employees or applicants 2 26 for employment to submit to a drug test as a condition 2 27 of employment, preemployment, promotion, or change in 2 28 status of employment. An employer shall not request, 2 29 require, or conduct random or blanket drug testing of 2 30 employees. However, this section does not apply to 2 31 preemployment drug tests authorized for peace officers 2 32 or correctional officers of the state, or to drug 2 33 tests required under federal statutes or under federal 2 34 regulationsadopted as of July 1, 1990, or to drug 2 35 tests conducted pursuant to a nuclear regulatory 2 36 commission regulation, or to drug tests conducted to 2 37 determine if an employee is ineligible to receive 2 38 workers' compensation under section 85.16, subsection 2 39 2. 2 40 The exemption granted by this subsection relating 2 41 to drug testing pursuant to federal regulations 2 42adopted as of July 1, 1990, is of no effect, as it 2 43 applies to a particular regulation, upon a finding by 2 44 a court of competent jurisdiction, including any 2 45 appeal of such finding, that the particular regulation 2 46 is unconstitutional or otherwise invalid. The 2 47 decision of a court invalidating any regulation 2 48 exempted by this section shall not be stayed pending 2 49 appeal. 2 50 Sec. . Section 730.5, subsection 3, paragraph 3 1 a, Code 1995, is amended to read as follows: 3 2 a. The employer has probable cause to believe that 3 3 an employee's faculties are impaired on the job. For 3 4 purposes of this paragraph, an employer has probable 3 5 cause to believe that an employee's faculties are 3 6 impaired on the job if the employer is investigating 3 7 an accident in the workplace and all of the following 3 8 conditions are met: 3 9 (1) The employer has reasonable grounds to believe 3 10 that the employee proposed to be tested either 3 11 directly caused or directly contributed to the 3 12 accident. 3 13 (2) The accident results in a personal injury 3 14 which requires medical treatment away from the 3 15 workplace or damage to property, including equipment, 3 16 in an amount reasonably estimated to exceed one 3 17 thousand dollars at the time of the accident. 3 18 (3) Prior to the accident, the employer has 3 19 provided the employee to be tested with written notice 3 20 of the employer's rules or policies regarding alcohol 3 21 and controlled substances and testing when a workplace 3 22 accident or injury occurs. 3 23 Sec. . Section 730.5, subsection 3, paragraph 3 24 c, Code 1995, is amended to read as follows: 3 25 c. The test sample withdrawn from the employee is 3 26 analyzed by a laboratory or testing facility that has 3 27 been approved under rules adopted by the department of 3 28 public health. The laboratory or testing facility 3 29 shall test for and report to the employer only the 3 30 presence of alcohol or illegal controlled substances 3 31 in any test sample. The report and information 3 32 provided the employer may be both qualitative and 3 33 quantitative but only concerning the presence of 3 34 alcohol or an illegal controlled substance in any test 3 35 sample. Upon request by an employee or applicant for 3 36 employment, the employer shall provide to the employee 3 37 or applicant the results of any drug test. 3 38 Sec. . Section 730.5, subsection 7, Code 1995, 3 39 is amended to read as follows: 3 40 7.A drug test conducted as a part of a physical3 41examination performed as a part of a preemployment3 42physical or as a part of a regularly scheduled3 43physical is only permissibleIn addition to drug 3 44 testing permitted by subsection 3, drug testing of an 3 45 employee or applicant for employment shall also be 3 46 permitted under the following circumstances: 3 47 a.For a preemployment physical, theDuring a 3 48 preemployment application process. The employer shall 3 49 include notice that a drug test will be part of a 3 50 preemploymentphysicalapplication process in any 4 1 notice or advertisement soliciting applicants for 4 2 employment or in the application for employment, and 4 3 an applicant for employment shall be personally 4 4 informed of the requirement for a drug test at the 4 5 first interview. However, in order to conduct a drug 4 6 test pursuant to this paragraph, the employer shall 4 7 provide that a preemployment application process which 4 8 includes a drug test shall be required in the same 4 9 manner for all job classifications of the employer in 4 10 which applicants for employment are sought. 4 11 b.For a regularly scheduled physical, theDuring 4 12 a regularly scheduled physical. The employer shall 4 13 give notice that a drug test will be part of the 4 14 physical at least thirty days prior to the date the 4 15 physical is scheduled. However, in order to conduct a 4 16 drug test pursuant to this paragraph, the employer 4 17 shall provide that a regularly scheduled physical 4 18 which includes a drug test shall be required in the 4 19 same manner for all classifications of employees of 4 20 the employer. 4 21 c. An employer may require an employee, as a 4 22 condition of employment to undergo drug testing, if 4 23 the employer has provided substance abuse evaluation, 4 24 and treatment, if recommended by the evaluation, which 4 25 have been paid for in whole or in part by the employer 4 26 or its insurance carrier. The employee may be 4 27 required to undergo drug testing without prior notice, 4 28 but in no case shall more than four tests be conducted 4 29 in the twenty-four-month period following the 4 30 employee's completion of substance abuse treatment if 4 31 the treatment was recommended by the evaluation. A 4 32 drug test shall not be required of an employee by an 4 33 employer during drug treatment of the employee, if 4 34 such testing would duplicate testing of the employee 4 35 conducted in the course of treatment and the employee 4 36 has waived confidentiality as to the employer of the 4 37 results of such testing. An employer shall not 4 38 require an employee to submit to drug testing under 4 39 this paragraph if more than twenty-four months have 4 40 elapsed since the employee successfully completed drug 4 41 treatment and the employee has not had a drug test 4 42 conducted indicating the presence of alcohol or an 4 43 illegal controlled substance during that twenty-four- 4 44 month period. 4 45 Drug testing conducted under this subsection shall 4 46 conform to the requirements of subsection 3, 4 47 paragraphs "c", "d", "e", and "f"; however, paragraph 4 48 "f" shall not apply to drug tests conducted as a part 4 49 of a preemploymentphysicalapplication process. 4 50 Sec. . Section 730.5, subsection 11, Code 1995, 5 1 is amended by striking the subsection. 5 2 Sec. . Section 730.5, Code 1995, is amended by 5 3 adding the following new subsection: 5 4 NEW SUBSECTION. 12. An employer who conducts a 5 5 drug test pursuant to this section shall submit a 5 6 report annually to the labor division of the 5 7 department of employment services, documenting the 5 8 number of drug tests conducted, the results of the 5 9 tests conducted, and the direct costs associated with 5 10 the testing."" 5 11 #2. Page 1, by striking lines 1 through 5. 5 12 #3. By renumbering as necessary. 5 13 5 14 5 15 5 16 MARY KRAMER 5 17 SF 2256.705 76 5 18 jls/sc
Text: S05883 Text: S05885 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Fri May 3 03:24:59 CDT 1996
URL: /DOCS/GA/76GA/Legislation/S/05800/S05884/960501.html
jhf