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House Journal: Page 828: Monday, March 20, 1995

26   that employee has been referred by the employer for
27   substance abuse evaluation pursuant to subsection 3,
28   paragraph "f", and treatment, if recommended by the
29   evaluation.  The employee may be required to undergo
30   drug testing without prior notice, but in no case
31   shall more than two tests be conducted in the twelve-
32   month period following the employee's completion of
33   substance abuse treatment if the treatment was
34   recommended by the evaluation.  No drug test shall be
35   required of an employee by an employer during drug
36   treatment of the employee, if such testing would
37   duplicate testing of the employee conducted in the
38   course of treatment and the employee has waived
39   confidentiality as to the employer of the results of
40   such testing.  No employer shall require an employee
41   to submit to drug testing under this paragraph if more
42   than six months have elapsed since the employee
43   successfully completed drug treatment and the employee
44   has not had a drug test indicating the presence of
45   alcohol or an illegal controlled substance during that
46   six-month period.
47     Drug testing conducted under this subsection shall
48   conform to the requirements of subsection 3,
49   paragraphs "c", "d", "e", and "f"; however, paragraph
50   "f" shall not apply to drug tests conducted as a part
Page 3
 1   of a preemployment physical.
 2     Sec. 4.  EMPLOYMENT DRUG TESTING STUDY.  The
 3   legislative council is requested to establish a study
 4   committee on drug testing of employees and applicants
 5   for employment."
 6     2.  Title page, line 2, by striking the words
 7   "employer defenses" and inserting the following:  "a
 8   study of employment drug testing".
Fallon of Polk offered the following amendment H-3328, to
amendment H-3323, filed by him and moved its adoption:
H-3328
 1     Amend the amendment, H-3323, to House File 258 as
 2   follows:
 3     1.  Page 1, by inserting after line 3 the
 4   following:
 5     ""Section 1.  Section 2.43, Code 1995, is amended
 6   by adding the following new unnumbered paragraph:
 7     NEW UNNUMBERED PARAGRAPH.  The pastor of the day
 8   for the general assembly shall submit to a drug test
 9   conducted pursuant to the requirements of section
10   730.5, subsection 3, paragraphs "c" and "d", on the
11   date the pastor is the pastor of the day.  Failure to
12   submit to a drug test as required by this section or a

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