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House Journal: Page 492: Wednesday, March 4, 1998

16   relief may be brought by an aggrieved employee or
17   prospective employee, the county attorney, or the
18   attorney general.
19     In an action brought under this subsection alleging
20   that an employer has required or requested a drug or
21   alcohol test in violation of this section, the
22   employer has the burden of proving that the
23   requirements of this section were met.
24     16.  REPORTS.  A laboratory doing business for an
25   employer who conducts drug or alcohol tests pursuant
26   to this section shall file an annual report with the
27   Iowa department of public health by March 1 of each
28   year concerning the number of drug or alcohol tests
29   conducted on employees who work in this state pursuant
30   to this section, the number of positive and negative
31   results of the tests, during the previous calendar
32   year.  In addition, the laboratory shall include in
33   its annual report the specific basis for each test as
34   authorized in subsection 8, the type of drug or drugs
35   which were found in the positive drug tests, and all
36   significant available demographic factors relating to
37   the positive test pool.
38     Sec. 2.  EFFECTIVE DATE.  This Act takes effect on
39   the thirtieth day following enactment."
The House stood at ease at 1:30 p.m., until the fall of the
gavel.
The House resumed session at 2:27 p.m., Speaker Corbett in the
chair.
Fallon of Polk offered the following amendment H-8196, to the
Senate amendment H-8119, filed by him and moved its adoption:

H-8196

 1     Amend the Senate amendment, H-8119, to House File
 2   299, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, line 17, by inserting after the word
 5   "means" the following:  "a member of the general
 6   assembly, or".
 7     2.  Page 8, line 41, by inserting after the words
 8   "prospective employees." the following:  "For drug or
 9   alcohol testing or retesting of members of the general
10   assembly, the written policy governing testing shall
11   be established by the legislative council created in
12   section 2.41."
Sukup of Franklin rose on a point of order that amendment
H-8196, to the Senate amendment H-8119, was not germane.
The Speaker ruled the point well taken and amendment H-8196, to
the Senate amendment H-8119, not germane.

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