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Text: SF02392                           Text: SF02394
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index


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Senate File 2393

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, subsection 2, Code 1995, is
  1  2 amended to read as follows:
  1  3    2.  Except as provided in subsection 7, an employer shall
  1  4 not require or request employees or applicants for employment
  1  5 to submit to a drug test as a condition of employment,
  1  6 preemployment, promotion, or change in status of employment.
  1  7 An employer shall not request, require, or conduct random or
  1  8 blanket drug testing of employees.  However, this section does
  1  9 not apply to preemployment drug tests authorized for peace
  1 10 officers or correctional officers of the state, or to drug
  1 11 tests required under federal statutes or under federal
  1 12 regulations adopted as of July 1, 1990, or to drug tests
  1 13 conducted pursuant to a nuclear regulatory commission
  1 14 regulation, or to drug tests conducted to determine if an
  1 15 employee is ineligible to receive workers' compensation under
  1 16 section 85.16, subsection 2.
  1 17    The exemption granted by this subsection relating to drug
  1 18 testing pursuant to federal regulations adopted as of July 1,
  1 19 1990, is of no effect, as it applies to a particular
  1 20 regulation, upon a finding by a court of competent
  1 21 jurisdiction, including any appeal of such finding, that the
  1 22 particular regulation is unconstitutional or otherwise
  1 23 invalid.  The decision of a court invalidating any regulation
  1 24 exempted by this section shall not be stayed pending appeal.  
  1 25                           EXPLANATION
  1 26    This bill provides that section 730.5, concerning drug
  1 27 testing, does not apply to drug tests conducted pursuant to
  1 28 federal law or regulations.  Current law provides that section
  1 29 730.5 does not apply to drug testing required by federal law
  1 30 or regulations as of July 1, 1990.  The bill also eliminates
  1 31 the provision that the exemption for drug testing pursuant to
  1 32 federal law does not apply to federal regulations declared
  1 33 invalid or unconstitutional.  
  1 34 LSB 4231SV 76
  1 35 ec/cf/24
     
Text: SF02392                           Text: SF02394
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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