| Previous Day: Tuesday, March 3 | Next Day: Thursday, March 5 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
Fifty-second Calendar Day - Thirty-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 4, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Pastor John Palmer, First Assembly of God Church, Des Moines. The Journal of Tuesday, March 3, 1998 was approved. PETITION FILED The following petition was received and placed on file: By Brand of Tama, from twelve constituents of the 60th district favoring House File 598, a bill for an act establishing the Enrich Iowa program for libraries and making an appropriation. INTRODUCTION OF BILLS House File 2522, by committee on human resources, a bill for an act relating to the performance of a medically relevant test for the presence of illegal substances in a child. Read first time and placed on the calendar. House File 2523, by committee on human resources, a bill for an act relating to the reimbursement of certain providers of services under the medical assistance program. Read first time and placed on the calendar. House File 2524, by committee on commerce and regulation, a bill for an act establishing the IowAccess system and providing for an appropriation. Read first time and referred to committee on appropriations. House File 2525, by committee on human resources, a bill for an act relating to the protection of and provision of safe living environments for certain individuals including providing safe assisted living facilities, establishing dependent adult abuse assessment pilot projects, defining terms related to dependent adult abuse, providing a civil penalty for elder dependent adult abuse, and establishing a dependent adult emergency services fund. Read first time and referred to committee on appropriations. House File 2526, by Dix, a bill for an act relating to the partial exemption of interest and dividends received and a reduction in the amount of capital gains taxed under the state income taxes and providing effective and applicability date provisions. Read first time and referred to committee on ways and means. House File 2527, by committee on judiciary, a bill for an act providing for victim rights, providing for penalties, and an effective date. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 347, by Angelo, a bill for an act relating to the disposal of public nuisances seized by the department of natural resources. Read first time and referred to committee on natural resources. Senate File 2153, by Maddox, a bill for an act relating to affidavits of candidacy filed by candidates for public office. Read first time and referred to committee on state government. Senate File 2170, by Tinsman, a bill for an act relating to licensing sanctions against individuals who default on debt owed to or collected by the college student aid commission. Read first time and referred to committee on state government. Senate File 2188, by committee on commerce, a bill for an act relating to debt collection. Read first time and passed on file. Senate File 2218, by Zieman, a bill for an act relating to the issuance of highway travel permits to raw milk transporters whose motor trucks exceed gross weight and axle weight restrictions and establishing a fee. Read first time and referred to committee on transportation. Senate File 2221, by committee on judiciary, a bill for an act relating to the payment of costs relating to a contempt of court action for nonpayment of child support or violation of a visitation order. Read first time and referred to committee on judiciary. Senate File 2257, by committee on transportation, a bill for an act relating to the regulation of and motor vehicle operation on the roads and streets of this state by providing for the classification of the system of roads and streets, authorizing easements on state-controlled lands, providing for the admissibility of official records of the state department of transportation, regulating motor vehicles and motor vehicle dealers, authorizing maintenance vehicles to stop or park on the traveled way of the roadway, allowing single trucks a variance on their maximum length, administering of motor vehicle laws by the state department of transportation concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer licensing, requiring the payment of certain civil penalties before issuance of temporary restricted licenses, and modifying the compilation requirements for airport sufficiency ratings. Read first time and referred to committee on transportation. Senate File 2259, by committee on judiciary, a bill for an act relating to search warrant applications. Read first time and referred to committee on judiciary. Senate File 2261, by Lundby, a bill for an act relating to the criteria for the awarding of grandparent and great-grandparent visitation rights. Read first time and referred to committee on human resources. Senate File 2279, by committee on commerce, a bill for an act relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations. Read first time and passed on file. Senate File 2285, by committee on human resources, a bill for an act relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report. Read first time and passed on file. Senate File 2287, by committee on human resources, a bill for an act relating to the continued operation of the innovation zone board. Read first time and referred to committee on human resources. Senate File 2288, by committee on ways and means, a bill for an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. Read first time and referred to committee on ways and means. Senate File 2294, by committee on natural resources and environment, a bill for an act relating to the payment of snowmobile and all-terrain vehicle title fees. Read first time and referred to committee on natural resources. Senate File 2301, by committee on commerce, a bill for an act relating to the operation and regulation of banks and making technical corrections. Read first time and passed on file. Senate File 2310, by committee on state government, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications. Read first time and referred to committee on state government. Senate File 2319, by committee on state government, a bill for an act revising the definition of the practice of land surveying. Read first time and referred to committee on state government. Senate File 2336, by committee on judiciary, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien. Read first time and referred to committee on judiciary. Senate File 2337, by committee on judiciary, a bill for an act to allow distribution of the presentence investigation report under certain circumstances. Read first time and referred to committee on judiciary. Senate File 2338, by committee on human resources, a bill for an act relating to the entities responsible for assisting in international adoptions. Read first time and referred to committee on human resources. Senate File 2341, by committee on human resources, a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date. Read first time and passed on file. Senate File 2350, by committee on state government, a bill for an act establishing a state employee deferred compensation trust fund. Read first time and referred to committee on state government. Senate File 2378, by committee on judiciary, a bill for an act relating to real estate titles involving bankruptcy. Read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Speaker Corbett, until his arrival, on request of Siegrist of Pottawattamie; Bernau of Story, until his arrival, on request of Brand of Tama. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of House Concurrent Resolution 113. ADOPTION OF HOUSE CONCURRENT RESOLUTION 113 Van Fossen of Scott called up for consideration House Concurrent Resolution 113, a concurrent resolution relating to the increased utilization of the Rock Island Arsenal, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House Concurrent Resolution 113 be immediately messaged to the Senate. The House stood at ease at 9:00 a.m., until the fall of the gavel. The House resumed session at 9:20 a.m., Speaker pro tempore Van Maanen of Marion in the chair. CONSIDERATION OF BILLS Regular Calendar House File 2269, a bill for an act relating to permissible physical contact between school employees and students, with report of committee recommending passage, was taken up for consideration. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-8171 filed by him on March 3, 1998. Rants of Woodbury offered the following amendment H-8178 filed by him and moved its adoption: H-8178 1 Amend House File 2269 as follows: 2 1. Page 1, line 24, by inserting after the word 3 "contact" the following: "is reasonable under the 4 circumstances and". Amendment H-8178 was adopted. Doderer of Johnson asked for unanimous consent to request that the word "reasonable" on page 1, line 19, be stricken from amendment H-8178 to House File 2269. Objection was raised. Rants of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2269) The ayes were, 98: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Bernau Corbett, Spkr. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2135, a bill for an act relating to a mid-America port commission agreement and providing an effective date, with report of committee recommending passage, was taken up for consideration. Wise of Lee moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2135) The ayes were, 98: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Bernau Corbett, Spkr. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2120, a bill for an act prohibiting the use of self-service displays in the offering for sale or sale of cigarettes or tobacco products, providing a penalty, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Hansen of Pottawattamie offered the following amendment H-8093 filed by the committee on state government and moved its adoption: H-8093 1 Amend House File 2120 as follows: 2 1. Page 1, line 15, by striking the word 3 "subsection" and inserting the following: 4 "subsections". 5 2. Page 1, by inserting after line 15 the 6 following: 7 "NEW SUBSECTION. 1A. "Carton" means a box or 8 container of any kind in which ten or more packages or 9 packs of cigarettes or tobacco products are offered 10 for sale, sold, or otherwise distributed to consumers. 11 NEW SUBSECTION. 15A. "Package" or "pack" means a 12 container of any kind in which cigarettes or tobacco 13 products are offered for sale, sold, or otherwise 14 distributed to consumers." 15 3. Page 1, by striking lines 24 through 33 and 16 inserting the following: 17 "1. Beginning January 1, 1999, except as provided 18 in section 453A.36, subsection 6, a retailer shall not 19 sell or offer for sale cigarettes or tobacco products, 20 in a quantity of less than a carton, through the use 21 of a self-service display. 22 2. Beginning July 1, 1999, except as provided in 23 section 453A.36, subsection 6, a retailer shall not 24 sell or offer for sale cigarettes or tobacco products, 25 in a quantity of a carton or less, through the use of 26 a self-service display. 27 3. This section shall not be construed to prevent 28 the use of humidors or specially constructed areas for 29 the selection of cigars, if the sale of the cigars 30 takes place through face-to-face exchange. 31 4. Violation of this section by a holder of a 32 retail permit is grounds for revocation of such 33 permit." 34 4. Title page, by striking line 3 and inserting 35 the following: "and providing a penalty." The committee amendment H-8093 was adopted. Hansen of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2120) The ayes were, 96: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Shoultz Siegrist Sukup Taylor Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Bernau Carroll Schrader Teig The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2269, 2135 and 2120. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2066, a bill for an act relating to child support for a child completing high school graduation or equivalency requirements. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2151, a bill for an act relating to political party county convention delegates and providing an effective date. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2186, a bill for an act relating to the validity and enforceability in Iowa of an advance directive document executed by a veteran of the armed forces. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2220, a bill for an act relating to the definition of a chronic runaway. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2286, a bill for an act relating to cigarettes and tobacco products by restricting smoking of tobacco products in licensed child day care centers and registered group day care homes, by restricting advertising, and providing a penalty. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2321, a bill for an act relating to the confidentiality of certain records and reports held by the labor commissioner. MARY PAT GUNDERSON, Secretary House File 2272, a bill for an act requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process, was taken up for consideration. Rants of Woodbury offered the following amendment H-8053 filed by him and moved its adoption: H-8053 1 Amend House File 2272 as follows: 2 1. Page 1, line 25, by striking the words 3 "writing, employability skills,". Roll call was requested by Mascher of Johnson and Wise of Lee. On the question "Shall amendment H-8053 be adopted?" (H.F. 2272) The ayes were, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Dix Dolecheck Drake Eddie Fallon Ford Garman Gipp Greig Greiner Gries Grundberg Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Foege Frevert Heaton Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Larson Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 4: Bernau Dinkla Hahn Schrader Amendment H-8053 was adopted. Blodgett of Cerro Gordo asked and received unanimous consent to withdraw amendment H-8172 filed by him on March 3, 1998. Rants of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2272) The ayes were, 94: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Shoultz Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Bernau Dinkla Drake Greiner Schrader Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2272 be immediately messaged to the Senate. HOUSE FILE 216 WITHDRAWN Bradley of Clinton asked and received unanimous consent to withdraw House File 216 from further consideration by the House. On motion by Gipp of Winneshiek, the House was recessed at 10:55 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:05 p.m., Speaker Corbett in the chair. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the Second Regular Session of the Seventy-seventh General Assembly were presented to the following Pages by Speaker Corbett, Speaker pro tempore Van Maanen of Marion and Minority Leader David Schrader of Marion: Katherine Anderson James Schenkelberg Aaron Cory Meredith Tanner Abby Ellingson Eric Unternahrer Jennifer Goodell Thaddeus Wunder Heidi Goodell SENATE MESSAGES CONSIDERED Senate File 2066, by Flynn, a bill for an act relating to child support for a child completing high school graduation or equivalency requirements. Read first time and referred to committee on human resources. Senate File 2151, by Maddox, a bill for an act relating to political party county convention delegates and providing an effective date. Read first time and passed on file. Senate File 2220, by committee on judiciary, a bill for an act relating to the definition of a chronic runaway. Read first time and referred to committee on judiciary. Senate File 2286, by committee on human resources, a bill for an act relating to cigarettes and tobacco products by restricting smoking of tobacco products in licensed child day care centers and registered group day care homes, by restricting advertising, and providing a penalty. Read first time and referred to committee on state government. Senate File 2321, by committee on business and labor, a bill for an act relating to the confidentiality of certain records and reports held by the labor commissioner. Read first time and referred to committee on labor and industrial relations. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-six members present, thirty-four absent. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date. MARY PAT GUNDERSON, Secretary Dolecheck of Ringgold in the chair at 1:25 p.m. SENATE AMENDMENT CONSIDERED Sukup of Franklin called up for consideration House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date, amended by the Senate amendment H-8119 as follows: H-8119 1 Amend House File 299, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 730.5, Code 1997, is amended 6 by striking the section and inserting in lieu thereof 7 the following: 8 730.5 PRIVATE SECTOR DRUG-FREE WORKPLACES. 9 1. DEFINITIONS. As used in this section, unless 10 the context otherwise requires: 11 a. "Alcohol" means ethanol, isopropanol, or 12 methanol. 13 b. "Drug" means a substance considered a 14 controlled substance and included in schedule I, II, 15 III, IV, or V under the federal Controlled Substances 16 Act, 21 U.S.C. "/g" 801 et seq. 17 c. "Employee" means a person in the service of an 18 employer in this state and includes the employer, and 19 any chief executive officer, president, vice 20 president, supervisor, manager, and officer of the 21 employer who is actively involved in the day-to-day 22 operations of the business. 23 d. "Employer" means a person, firm, company, 24 corporation, labor organization, or employment agency, 25 which has one or more full-time employees employed in 26 the same business, or in or about the same 27 establishment, under any contract of hire, express or 28 implied, oral or written, in this state. "Employer" 29 does not include the state, a political subdivision of 30 the state, including a city, county, or school 31 district, the United States, the United States postal 32 service, or a Native-American tribe. 33 e. "Good faith" means reasonable reliance on 34 facts, or that which is held out to be factual, 35 without the intent to be deceived, and without 36 reckless, malicious, or negligent disregard for the 37 truth. 38 f. "Medical review officer" means a licensed 39 physician, osteopathic physician, chiropractor, nurse 40 practitioner, or physician assistant authorized to 41 practice in any state of the United States, who is 42 responsible for receiving laboratory results generated 43 by an employer's drug or alcohol testing program, and 44 who has knowledge of substance abuse disorders and has 45 appropriate medical training to interpret and evaluate 46 an individual's confirmed positive test result 47 together with the individual's medical history and any 48 other relevant biomedical information. 49 g. "Prospective employee" means a person who has 50 made application, whether written or oral, to an Page 2 1 employer to become an employee. 2 h. "Reasonable suspicion drug or alcohol testing" 3 means drug or alcohol testing based upon evidence that 4 an employee is using or has used alcohol or other 5 drugs in violation of the employer's written policy 6 drawn from specific objective and articulable facts 7 and reasonable inferences drawn from those facts in 8 light of experience. For purposes of this paragraph, 9 facts and inferences may be based upon, but not 10 limited to, any of the following: 11 (1) Observable phenomena while at work such as 12 direct observation of alcohol or drug use or abuse or 13 of the physical symptoms or manifestations of being 14 impaired due to alcohol or other drug use. 15 (2) Abnormal conduct or erratic behavior while at 16 work or a significant deterioration in work 17 performance. 18 (3) A report of alcohol or other drug use provided 19 by a reliable and credible source. 20 (4) Evidence that an individual has tampered with 21 any drug or alcohol test during the individual's 22 employment with the current employer. 23 (5) Evidence that an employee has caused an 24 accident while at work which resulted in an injury to 25 a person for which injury, if suffered by an employee, 26 a record or report could be required under chapter 88, 27 or resulted in damage to property, including to 28 equipment, in an amount reasonably estimated at the 29 time of the accident to exceed one thousand dollars. 30 (6) Evidence that an employee has manufactured, 31 sold, distributed, solicited, possessed, used, or 32 transferred drugs while working or while on the 33 employer's premises or while operating the employer's 34 vehicle, machinery, or equipment. 35 i. "Safety-sensitive position" means a job wherein 36 an accident could cause loss of human life, serious 37 bodily injury, or significant property or 38 environmental damage, including a job with duties that 39 include immediate supervision of a person in a job 40 that meets the requirement of this paragraph. 41 j. "Sample" means such sample from the human body 42 capable of revealing the presence of alcohol or other 43 drugs, or their metabolites. However, sample does not 44 mean blood except as authorized pursuant to subsection 45 7, paragraph "l". 46 k. "Unannounced drug or alcohol testing" means 47 testing for the purposes of detecting drugs or alcohol 48 which is conducted on a periodic basis, without 49 advance notice of the test to employees, other than 50 employees whose duties include responsibility for Page 3 1 administration of the employer's drug or alcohol 2 testing program, subject to testing prior to the day 3 of testing, and without individualized suspicion. The 4 selection of employees to be tested from the pool of 5 employees subject to testing shall be done based on a 6 neutral and objective selection process by an entity 7 independent from the employer and shall be made by a 8 computer-based random number generator that is matched 9 with employees' social security numbers, payroll 10 identification numbers, or other comparable 11 identifying numbers in which each member of the 12 employee population subject to testing has an equal 13 chance of selection for initial testing, regardless of 14 whether the employee has been selected or tested 15 previously. The random selection process shall be 16 conducted through a computer program that records each 17 selection attempt by date, time, and employee number. 18 2. APPLICABILITY. This section does not apply to 19 drug or alcohol tests conducted on employees required 20 to be tested pursuant to federal statutes, federal 21 regulations, or orders issued pursuant to federal law. 22 In addition, an employer, through its written policy, 23 may exclude from the pools of employees subject to 24 unannounced drug or alcohol testing pursuant to 25 subsection 8, paragraph "a", employee populations 26 required to be tested as described in this subsection. 27 3. TESTING OPTIONAL. This section does not 28 require or create a legal duty on an employer to 29 conduct drug or alcohol testing and the requirements 30 of this section shall not be construed to encourage, 31 discourage, restrict, limit, prohibit, or require such 32 testing. In addition, an employer may implement and 33 require drug or alcohol testing at some but not all of 34 the work sites of the employer and the requirements of 35 this section shall only apply to the employer and 36 employees who are at the work sites where drug or 37 alcohol testing pursuant to this section has been 38 implemented. A cause of action shall not arise in 39 favor of any person against an employer or agent of an 40 employer based on the failure of the employer to 41 establish a program or policy on substance abuse 42 prevention or to implement any component of testing as 43 permitted by this section. 44 4. TESTING AS CONDITION OF EMPLOYMENT - 45 REQUIREMENTS. To the extent provided in subsection 8, 46 an employer may test employees and prospective 47 employees for the presence of drugs or alcohol as a 48 condition of continued employment or hiring. An 49 employer shall adhere to the requirements of this 50 section concerning the conduct of such testing and the Page 4 1 use and disposition of the results of such testing. 2 5. COLLECTION OF SAMPLES. In conducting drug or 3 alcohol testing, an employer may require the 4 collection of samples from its employees and 5 prospective employees, and may require presentation of 6 reliable individual identification from the person 7 being tested to the person collecting the samples. 8 Collection of a sample shall be in conformance with 9 the requirements of this section. The employer may 10 designate the type of sample to be used for this 11 testing. 12 6. SCHEDULING OF TESTS. 13 a. Drug or alcohol testing of employees conducted 14 by an employer shall normally occur during, or 15 immediately before or after, a regular work period. 16 The time required for such testing by an employer 17 shall be deemed work time for the purposes of 18 compensation and benefits for employees. 19 b. An employer shall pay all actual costs for drug 20 or alcohol testing of employees and prospective 21 employees required by the employer. 22 c. An employer shall provide transportation or pay 23 reasonable transportation costs to employees if drug 24 or alcohol sample collection is conducted at a 25 location other than the employee's normal work site. 26 7. TESTING PROCEDURES. All sample collection and 27 testing for drugs or alcohol under this section shall 28 be performed in accordance with the following 29 conditions: 30 a. The collection of samples shall be performed 31 under sanitary conditions and with regard for the 32 privacy of the individual from whom the specimen is 33 being obtained and in a manner reasonably calculated 34 to preclude contamination or substitution of the 35 specimen. 36 b. Sample collection for testing of current 37 employees shall be performed so that the specimen is 38 split into two components at the time of collection in 39 the presence of the individual from whom the sample or 40 specimen is collected. The second portion of the 41 specimen or sample shall be of sufficient quantity to 42 permit a second, independent confirmatory test as 43 provided in paragraph "i". If the specimen is urine, 44 the sample shall be split such that the primary sample 45 contains at least thirty milliliters and the secondary 46 sample contains at least fifteen milliliters. Both 47 portions of the sample shall be forwarded to the 48 laboratory conducting the initial confirmatory 49 testing. In addition to any requirements for storage 50 of the initial sample that may be imposed upon the Page 5 1 laboratory as a condition for certification or 2 approval, the laboratory shall store the second 3 portion of any sample until receipt of a confirmed 4 negative test result or for a period of at least 5 forty-five calendar days following the completion of 6 the initial confirmatory testing, if the first portion 7 yielded a confirmed positive test result. 8 c. Sample collections shall be documented, and the 9 procedure for documentation shall include the 10 following: 11 (1) Samples shall be labeled so as to reasonably 12 preclude the possibility of misidentification of the 13 person tested in relation to the test result provided, 14 and samples shall be handled and tracked in a manner 15 such that control and accountability are maintained 16 from initial collection to each stage in handling, 17 testing, and storage, through final disposition. 18 (2) An employee or prospective employee shall be 19 provided an opportunity to provide any information 20 which may be considered relevant to the test, 21 including identification of prescription or 22 nonprescription drugs currently or recently used, or 23 other relevant medical information. To assist an 24 employee or prospective employee in providing the 25 information described in this subparagraph, the 26 employer shall provide an employee or prospective 27 employee with a list of the drugs to be tested. 28 d. Sample collection, storage, and transportation 29 to the place of testing shall be performed so as to 30 reasonably preclude the possibility of sample 31 contamination, adulteration, or misidentification. 32 e. All confirmatory drug testing shall be 33 conducted at a laboratory certified by the United 34 States department of health and human services' 35 substance abuse and mental health services 36 administration or approved under rules adopted by the 37 Iowa department of public health. 38 f. Drug or alcohol testing shall include 39 confirmation of any initial positive test results. 40 For drug or alcohol testing, confirmation shall be by 41 use of a different chemical process than was used in 42 the initial screen for drugs or alcohol. The 43 confirmatory drug or alcohol test shall be a 44 chromatographic technique such as gas chromatography 45 or mass spectrometry, or another comparably reliable 46 analytical method. An employer may take adverse 47 employment action, including refusal to hire a 48 prospective employee, based on a confirmed positive 49 drug or alcohol test. 50 g. A medical review officer shall, prior to the Page 6 1 results being reported to an employer, review and 2 interpret any confirmed positive test results, 3 including both quantitative and qualitative test 4 results, to ensure that the chain of custody is 5 complete and sufficient on its face and that any 6 information provided by the individual pursuant to 7 paragraph "c", subparagraph (2), is considered. 8 h. In conducting drug or alcohol testing pursuant 9 to this section, the laboratory, the medical review 10 officer, and the employer shall ensure, to the extent 11 feasible, that the testing only measure, and the 12 records concerning the testing only show or make use 13 of information regarding, alcohol or drugs in the 14 body. 15 i. (1) If a confirmed positive drug or alcohol 16 test for a current employee is reported to the 17 employer by the medical review officer, the employer 18 shall notify the employee in writing by certified 19 mail, return receipt requested, of the results of the 20 test, the employee's right to request and obtain a 21 confirmatory test of the second sample collected 22 pursuant to paragraph "b" at an approved laboratory of 23 the employee's choice, and the fee payable by the 24 employee to the employer for reimbursement of expenses 25 concerning the test. The fee charged an employee 26 shall be an amount that represents the costs 27 associated with conducting the second confirmatory 28 test, which shall be consistent with the employer's 29 cost for conducting the initial confirmatory test on 30 an employee's sample. If the employee, in person or 31 by certified mail, return receipt requested, requests 32 a second confirmatory test, identifies an approved 33 laboratory to conduct the test, and pays the employer 34 the fee for the test within seven days from the date 35 the employer mails by certified mail, return receipt 36 requested, the written notice to the employee of the 37 employee's right to request a test, a second 38 confirmatory test shall be conducted at the laboratory 39 chosen by the employee. The results of the second 40 confirmatory test shall be reported to the medical 41 review officer who reviewed the initial confirmatory 42 test results and the medical review officer shall 43 review the results and issue a report to the employer 44 on whether the results of the second confirmatory test 45 confirmed the initial confirmatory test as to the 46 presence of a specific drug or alcohol. If the 47 results of the second test do not confirm the results 48 of the initial confirmatory test, the employer shall 49 reimburse the employee for the fee paid by the 50 employee for the second test and the initial Page 7 1 confirmatory test shall not be considered a confirmed 2 positive drug or alcohol test for purposes of taking 3 disciplinary action pursuant to subsection 10. 4 (2) If a confirmed positive drug or alcohol test 5 for a prospective employee is reported to the employer 6 by the medical review officer, the employer shall 7 notify the prospective employee in writing of the 8 results of the test, of the name and address of the 9 medical review officer who made the report, and of the 10 prospective employee's right to request records under 11 subsection 13. 12 j. A laboratory conducting testing under this 13 section shall dispose of all samples for which a 14 negative test result was reported to an employer 15 within five working days after issuance of the 16 negative test result report. 17 k. Except as necessary to conduct drug or alcohol 18 testing pursuant to this section and to submit the 19 report required by subsection 16, a laboratory or 20 other medical facility shall only report to an 21 employer or outside entity information relating to the 22 results of a drug or alcohol test conducted pursuant 23 to this section concerning the determination of 24 whether the tested individual has engaged in conduct 25 prohibited by the employer's written policy with 26 regard to alcohol or drug use. 27 l. Notwithstanding the provisions of this 28 subsection, an employer may rely and take action upon 29 the results of any blood test for drugs or alcohol 30 made on any employee involved in an accident at work 31 if the test is administered by or at the direction of 32 the person providing treatment or care to the employee 33 without request or suggestion by the employer that a 34 test be conducted, and the employer has lawfully 35 obtained the results of the test. For purposes of 36 this paragraph, an employer shall not be deemed to 37 have requested or required a test in conjunction with 38 the provision of medical treatment following a 39 workplace accident by providing information concerning 40 the circumstance of the accident. 41 8. DRUG OR ALCOHOL TESTING. Employers may conduct 42 drug or alcohol testing as provided in this 43 subsection: 44 a. Employers may conduct unannounced drug or 45 alcohol testing of employees who are selected from any 46 of the following pools of employees: 47 (1) The entire employee population at a particular 48 work site of the employer except for employees who are 49 not scheduled to be at work at the time the testing is 50 conducted because of the status of the employees or Page 8 1 who have been excused from work pursuant to the 2 employer's work policy prior to the time the testing 3 is announced to employees. 4 (2) The entire full-time active employee 5 population at a particular work site except for 6 employees who are not scheduled to be at work at the 7 time the testing is to be conducted because of the 8 status of the employee, or who have been excused from 9 work pursuant to the employer's working policy. 10 (3) All employees at a particular work site who 11 are in a pool of employees in a safety-sensitive 12 position and who are scheduled to be at work at the 13 time testing is conducted, other than employees who 14 are not scheduled to be at work at the time the 15 testing is to be conducted or who have been excused 16 from work pursuant to the employer's work policy prior 17 to the time the testing is announced to employees. 18 b. Employers may conduct drug or alcohol testing 19 of employees during, and after completion of, drug or 20 alcohol rehabilitation. 21 c. Employers may conduct reasonable suspicion drug 22 or alcohol testing. 23 d. Employers may conduct drug or alcohol testing 24 of prospective employees. 25 e. Employers may conduct drug or alcohol testing 26 as required by federal law or regulation or by law 27 enforcement. 28 f. Employers may conduct drug or alcohol testing 29 in investigating accidents in the workplace in which 30 the accident resulted in an injury to a person for 31 which injury, if suffered by an employee, a record or 32 report could be required under chapter 88, or resulted 33 in damage to property, including to equipment, in an 34 amount reasonably estimated at the time of the 35 accident to exceed one thousand dollars. 36 9. WRITTEN POLICY AND OTHER TESTING REQUIREMENTS. 37 a. Drug or alcohol testing or retesting by an 38 employer shall be carried out within the terms of a 39 written policy which has been provided to every 40 employee subject to testing, and is available for 41 review by employees and prospective employees. 42 b. The employer's written policy shall provide 43 uniform requirements for what disciplinary or 44 rehabilitative actions an employer shall take against 45 an employee or prospective employee upon receipt of a 46 confirmed positive drug or alcohol test result or upon 47 the refusal of the employee or prospective employee to 48 provide a testing sample. The policy shall provide 49 that any action taken against an employee or 50 prospective employee shall be based only on the Page 9 1 results of the drug or alcohol test. The written 2 policy shall also provide that if rehabilitation is 3 required pursuant to paragraph "g", the employer shall 4 not take adverse employment action against the 5 employee so long as the employee complies with the 6 requirements of rehabilitation and successfully 7 completes rehabilitation. 8 c. Employers shall establish an awareness program 9 to inform employees of the dangers of drug and alcohol 10 use in the workplace and comply with the following 11 requirements in order to conduct drug or alcohol 12 testing under this section: 13 (1) If an employer has an employee assistance 14 program, the employer must inform the employee of the 15 benefits and services of the employee assistance 16 program. An employer shall post notice of the 17 employee assistance program in conspicuous places and 18 explore alternative routine and reinforcing means of 19 publicizing such services. In addition, the employer 20 must provide the employee with notice of the policies 21 and procedures regarding access to and utilization of 22 the program. 23 (2) If an employer does not have an employee 24 assistance program, the employer must maintain a 25 resource file of employee assistance services 26 providers, alcohol and other drug abuse programs 27 certified by the Iowa department of public health, 28 mental health providers, and other persons, entities, 29 or organizations available to assist employees with 30 personal or behavioral problems. The employer shall 31 provide all employees information about the existence 32 of the resource file and a summary of the information 33 contained within the resource file. The summary 34 should contain, but need not be limited to, all 35 information necessary to access the services listed in 36 the resource file. In addition, the employer shall 37 post in conspicuous places a listing of multiple 38 employee assistance providers in the area. 39 d. An employee or prospective employee whose drug 40 or alcohol test results are confirmed as positive in 41 accordance with this section shall not, by virtue of 42 those results alone, be considered as a person with a 43 disability for purposes of any state or local law or 44 regulation. 45 e. If the written policy provides for alcohol 46 testing, the employer shall establish in the written 47 policy a standard for alcohol concentration which 48 shall be deemed to violate the policy. The standard 49 for alcohol concentration shall not be less than .04, 50 expressed in terms of grams of alcohol per two hundred Page 10 1 ten liters of breath, or its equivalent. 2 f. An employee of an employer who is designated by 3 the employer as being in a safety-sensitive position 4 shall be placed in only one pool of safety-sensitive 5 employees subject to drug or alcohol testing pursuant 6 to subsection 8, paragraph "a", subparagraph (3). An 7 employer may have more than one pool of safety- 8 sensitive employees subject to drug or alcohol testing 9 pursuant to subsection 8, paragraph "a", subparagraph 10 (3), but shall not include an employee in more than 11 one safety-sensitive pool. 12 g. Upon receipt of a confirmed positive alcohol 13 test which indicates an alcohol concentration greater 14 than the concentration level established by the 15 employer pursuant to this section but less than the 16 concentration level in section 321J.2 for operating 17 while under the influence of alcohol, and if the 18 employer has at least fifty employees, and if the 19 employee has been employed by the employer for at 20 least twelve of the preceding eighteen months, and if 21 rehabilitation is agreed upon by the employee, and if 22 the employee has not previously violated the 23 employer's substance abuse prevention policy pursuant 24 to this section, the written policy shall provide for 25 the rehabilitation of the employee pursuant to 26 subsection 10, paragraph "a", subparagraph (1), and 27 the apportionment of the costs of rehabilitation as 28 provided by this paragraph. 29 (1) If the employer has an employee benefit plan, 30 the costs of rehabilitation shall be apportioned as 31 provided under the employee benefit plan. 32 (2) If no employee benefit plan exists and the 33 employee has coverage for any portion of the costs of 34 rehabilitation under any health care plan of the 35 employee, the costs of rehabilitation shall be 36 apportioned as provided by the health care plan with 37 any costs not covered by the plan apportioned equally 38 between the employee and the employer. However, the 39 employer shall not be required to pay more than two 40 thousand dollars toward the costs not covered by the 41 employee's health care plan. 42 (3) If no employee benefit plan exists and the 43 employee does not have coverage for any portion of the 44 costs of rehabilitation under any health care plan of 45 the employee, the costs of rehabilitation shall be 46 apportioned equally between the employee and the 47 employer. However, the employer shall not be required 48 to pay more than two thousand dollars towards the cost 49 of rehabilitation under this subparagraph. 50 Rehabilitation required pursuant to this paragraph Page 11 1 shall not preclude an employer from taking any adverse 2 employment action against the employee during the 3 rehabilitation based on the employee's failure to 4 comply with any requirements of the rehabilitation, 5 including any action by the employee to invalidate a 6 test sample provided by the employee pursuant to the 7 rehabilitation. 8 h. In order to conduct drug or alcohol testing 9 under this section, an employer shall require 10 supervisory personnel of the employer involved with 11 drug or alcohol testing under this section to attend a 12 minimum of two hours of initial training and to 13 attend, on an annual basis thereafter, a minimum of 14 one hour of subsequent training. The training shall 15 include, but is not limited to, information concerning 16 the recognition of evidence of employee alcohol and 17 other drug abuse, the documentation and corroboration 18 of employee alcohol and other drug abuse, and the 19 referral of employees who abuse alcohol or other drugs 20 to the employee assistance program or to the resource 21 file of employee assistance services providers. 22 10. DISCIPLINARY PROCEDURES. 23 a. Upon receipt of a confirmed positive drug or 24 alcohol test result which indicates a violation of the 25 employer's written policy, or upon the refusal of an 26 employee or prospective employee to provide a testing 27 sample, an employer may use that test result or test 28 refusal as a valid basis for disciplinary or 29 rehabilitative actions pursuant to the requirements of 30 the employer's written policy and the requirements of 31 this section, which may include, among other actions, 32 the following: 33 (1) A requirement that the employee enroll in an 34 employer-provided or approved rehabilitation, 35 treatment, or counseling program, which may include 36 additional drug or alcohol testing, participation in 37 and successful completion of which may be a condition 38 of continued employment, and the costs of which may or 39 may not be covered by the employer's health plan or 40 policies. 41 (2) Suspension of the employee, with or without 42 pay, for a designated period of time. 43 (3) Termination of employment. 44 (4) Refusal to hire a prospective employee. 45 (5) Other adverse employment action in conformance 46 with the employer's written policy and procedures, 47 including any relevant collective bargaining agreement 48 provisions. 49 b. Following a drug or alcohol test, but prior to 50 receipt of the final results of the drug or alcohol Page 12 1 test, an employer may suspend a current employee, with 2 or without pay, pending the outcome of the test. An 3 employee who has been suspended shall be reinstated by 4 the employer, with back pay, and interest on such 5 amount at eighteen percent per annum compounded 6 annually, if applicable, if the result of the test is 7 not a confirmed positive drug or alcohol test which 8 indicates a violation of the employer's written 9 policy. 10 11. EMPLOYER IMMUNITY. A cause of action shall 11 not arise against an employer who has established a 12 policy and initiated a testing program in accordance 13 with the testing and policy safeguards provided for 14 under this section, for any of the following: 15 a. Testing or taking action based on the results 16 of a positive drug or alcohol test result, indicating 17 the presence of drugs or alcohol, in good faith, or on 18 the refusal of an employee or prospective employee to 19 submit to a drug or alcohol test. 20 b. Failure to test for drugs or alcohol, or 21 failure to test for a specific drug or controlled 22 substance. 23 c. Failure to test for, or if tested for, failure 24 to detect, any specific drug or other controlled 25 substance. 26 d. Termination or suspension of any substance 27 abuse prevention or testing program or policy. 28 e. Any action taken related to a false negative 29 drug or alcohol test result. 30 12. EMPLOYER LIABILITY - FALSE POSITIVE TEST 31 RESULTS. 32 a. Except as otherwise provided in paragraph "b", 33 a cause of action shall not arise against an employer 34 who has established a program of drug or alcohol 35 testing in accordance with this section, unless all of 36 the following conditions exist: 37 (1) The employer's action was based on a false 38 positive test result. 39 (2) The employer knew or clearly should have known 40 that the test result was in error and ignored the 41 correct test result because of reckless, malicious, or 42 negligent disregard for the truth, or the willful 43 intent to deceive or to be deceived. 44 b. A cause of action for defamation, libel, 45 slander, or damage to reputation shall not arise 46 against an employer establishing a program of drug or 47 alcohol testing in accordance with this section unless 48 all of the following apply: 49 (1) The employer discloses the test results to a 50 person other than the employer, an authorized Page 13 1 employee, agent, or representative of the employer, 2 the tested employee or the tested applicant for 3 employment, an authorized substance abuse treatment 4 program or employee assistance program, or an 5 authorized agent or representative of the tested 6 employee or applicant. 7 (2) The test results disclosed incorrectly 8 indicate the presence of alcohol or drugs. 9 (3) The employer negligently discloses the 10 results. 11 c. In any cause of action based upon a false 12 positive test result, all of the following conditions 13 apply: 14 (1) The results of a drug or alcohol test 15 conducted in compliance with this section are presumed 16 to be valid. 17 (2) An employer shall not be liable for monetary 18 damages if the employer's reliance on the false 19 positive test result was reasonable and in good faith. 20 13. CONFIDENTIALITY OF RESULTS - EXCEPTION. 21 a. All communications received by an employer 22 relevant to employee or prospective employee drug or 23 alcohol test results, or otherwise received through 24 the employer's drug or alcohol testing program, are 25 confidential communications and shall not be used or 26 received in evidence, obtained in discovery, or 27 disclosed in any public or private proceeding, except 28 as otherwise provided or authorized by this section. 29 b. An employee, or a prospective employee, who is 30 the subject of a drug or alcohol test conducted under 31 this section pursuant to an employer's written policy 32 and for whom a confirmed positive test result is 33 reported shall, upon written request, have access to 34 any records relating to the employee's drug or alcohol 35 test, including records of the laboratory where the 36 testing was conducted and any records relating to the 37 results of any relevant certification or review by a 38 medical review officer. However, a prospective 39 employee shall be entitled to records under this 40 paragraph only if the prospective employee requests 41 the records within fifteen calendar days from the date 42 the employer provided the prospective employee written 43 notice of the results of a drug or alcohol test as 44 provided in subsection 7, paragraph "i", subparagraph 45 (2). 46 c. Except as provided by this section and as 47 necessary to conduct drug or alcohol testing under 48 this section and to file a report pursuant to 49 subsection 16, a laboratory and a medical review 50 officer conducting drug or alcohol testing under this Page 14 1 section shall not use or disclose to any person any 2 personally identifiable information regarding such 3 testing, including the names of individuals tested, 4 even if unaccompanied by the results of the test. 5 d. An employer may use and disclose information 6 concerning the results of a drug or alcohol test 7 conducted pursuant to this section under any of the 8 following circumstances: 9 (1) In an arbitration proceeding pursuant to a 10 collective bargaining agreement, or an administrative 11 agency proceeding or judicial proceeding under 12 workers' compensation laws or unemployment 13 compensation laws or under common or statutory laws 14 where action taken by the employer based on the test 15 is relevant or is challenged. 16 (2) To any federal agency or other unit of the 17 federal government as required under federal law, 18 regulation or order, or in accordance with compliance 19 requirements of a federal government contract. 20 (3) To any agency of this state authorized to 21 license individuals if the employee tested is licensed 22 by that agency and the rules of that agency require 23 such disclosure. 24 (4) To a union representing the employee if such 25 disclosure would be required by federal labor laws. 26 (5) To a substance abuse evaluation or treatment 27 facility or professional for the purpose of evaluation 28 or treatment of the employee. 29 However, positive test results from an employer 30 drug or alcohol testing program shall not be used as 31 evidence in any criminal action against the employee 32 or prospective employee tested. 33 14. CIVIL PENALTIES - JURISDICTION. 34 a. Any laboratory or medical review officer which 35 discloses information in violation of the provisions 36 of subsection 7, paragraph "h" or "k", or any employer 37 who, through the selection process described in 38 subsection 1, paragraph "k", improperly targets or 39 exempts employees subject to unannounced drug or 40 alcohol testing, shall be subject to a civil penalty 41 of one thousand dollars for each violation. The 42 attorney general or the attorney general's designee 43 may maintain a civil action to enforce this 44 subsection. Any civil penalty recovered shall be 45 deposited in the general fund of the state. 46 b. A laboratory or medical review officer involved 47 in the conducting of a drug or alcohol test pursuant 48 to this section shall be deemed to have the necessary 49 contact with this state for the purpose of subjecting 50 the laboratory or medical review officer to the Page 15 1 jurisdiction of the courts of this state. 2 15. CIVIL REMEDIES. This section may be enforced 3 through a civil action. 4 a. A person who violates this section or who aids 5 in the violation of this section, is liable to an 6 aggrieved employee or prospective employee for 7 affirmative relief including reinstatement or hiring, 8 with or without back pay, or any other equitable 9 relief as the court deems appropriate including 10 attorney fees and court costs. 11 b. When a person commits, is committing, or 12 proposes to commit, an act in violation of this 13 section, an injunction may be granted through an 14 action in district court to prohibit the person from 15 continuing such acts. The action for injunctive 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. Schrader of Marion asked for unanimous consent to suspend the rules to consider amendment H-8196. Objection was raised. Schrader of Marion moved to suspend the rules to consider amendment H-8196. Roll call was requested by Schrader of Marion and Taylor of Linn. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-8196, to the Senate amendment H-8119?" (H.F. 299) The ayes were, 48: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, none. The motion to suspend the rules lost. Scherrman of Dubuque offered the following amendment H-8194, to the Senate amendment H-8119, filed by him and moved its adoption: H-8194 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, by striking lines 21 and 22 and 5 inserting the following: "employer." Amendment H-8194 lost. Kinzer of Scott offered the following amendment H-8187, to the Senate amendment H-8119, filed by him and moved its adoption: H-8187 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, by striking line 50 and inserting the 5 following: "received a bona fide offer, whether 6 written or oral, from an". Roll call was requested by Dotzler of Black Hawk and Kinzer of Scott. On the question "Shall amendment H-8187, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Brunkhorst Amendment H-8187 lost. Carroll of Poweshiek in the chair at 3:05 p.m. O'Brien of Boone offered the following amendment H-8203, to the Senate amendment H-8119, filed by him and moved its adoption: H-8203 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 2, by striking lines 35 through 40. 5 2. Page 8, by striking lines 10 through 17. 6 3. Page 10, by striking lines 2 through 11. 7 4. By renumbering as necessary. Amendment H-8203 lost. Dotzler of Black Hawk offered the following amendment H-8199, to the Senate amendment H-8119, filed by him and moved its adoption: H-8199 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 3, line 17, by inserting after the word 5 "number." the following: "In addition, the neutral 6 and objective selection process shall not in any way, 7 or to any degree, take into account race, age, gender, 8 job performance, job classification, seniority, 9 salary, representation status or activities, political 10 philosophy, religion, creed, national origin, or any 11 other personal factor, whether work-related or not, 12 other than the objective criteria necessary to the 13 neutral selection process." Amendment H-8199 lost. O'Brien of Boone offered the following amendment H-8204, to the Senate amendment H-8119, filed by him and moved its adoption: H-8204 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 3, by inserting after line 17 the 5 following: 6 "1. "Work site" means the place, scene, or general 7 area under the control of an employer where one or 8 multiple structures of the same business exist in 9 proximity to one another." 10 2. By renumbering as necessary. Amendment H-8204 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his arrival, on request of Schrader of Marion. Wise of Lee offered the following amendment H-8143, to the Senate amendment H-8119, filed by him and moved its adoption: H-8143 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 3, line 23, by striking the word "pools" 5 and inserting the following: "pool". 6 2. By striking page 7, line 45, through page 8, 7 line 10, and inserting the following: "alcohol 8 testing of employees who are selected from a pool of 9 employees that consists of all employees at a 10 particular work site who". 11 3. Page 10, line 6, by striking the words ", 12 subparagraph (3)". 13 4. Page 10, lines 9 and 10, by striking the words 14 ", subparagraph (3)". Roll call was requested by Wise of Lee and Chapman of Linn. On the question "Shall amendment H-8143, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 44: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 2: Cataldo Warnstadt Amendment H-8143 lost. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2254, a bill for an act relating to charges for room and board by certain prisoners. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2307, a bill for an act relating to the continuation, administration, use, and performance of the community grant fund for juvenile crime prevention programs. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2331, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2339, a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint. MARY PAT GUNDERSON, Secretary Dotzler of Black Hawk offered the following amendment H-8208, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8208 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 3, by inserting after line 26 the 5 following: 6 "This section also does not prevent an employer 7 from conducting medical screening for substances other 8 than drugs or alcohol in order to monitor employee 9 exposure to toxic or other unhealthy substances 10 encountered in the workplace or in the performance of 11 the employees' job responsibilities. Any such 12 screening must be limited to the specific substances 13 required to be monitored." Amendment H-8208 lost. Taylor of Linn offered the following amendment H-8202, to the Senate amendment H-8119, filed by him and moved its adoption: H-8202 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 8, line 19, by striking the word "after" 5 and inserting the following: "for up to three months 6 after successful". 7 2. Page 14, by inserting after line 32 the 8 following: 9 "e. An employer shall protect the confidentiality 10 of the results of any drug or alcohol test conducted 11 on an employee. The results of the test may be 12 recorded in the employee's personnel records. 13 However, if an employee whose test indicated the 14 presence of drugs or alcohol in violation of the 15 employer's written policy has undergone substance 16 abuse rehabilitation pursuant to this section and has 17 successfully completed rehabilitation for substance 18 abuse, any reference to the test in the employee's 19 personnel records shall be expunged upon successful 20 completion of rehabilitation." 21 3. By renumbering as necessary. Roll call was requested by Taylor of Linn and Siegrist of Pottawattamie. On the question "Shall amendment H-8202, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, none. Amendment H-8202 lost. Taylor of Linn offered the following amendment H-8191, to the Senate amendment H-8119, filed by him and moved its adoption: H-8191 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 8, by striking lines 37 through 40 and 5 inserting the following: 6 "a. Prior to conducting drug or alcohol testing 7 under this section, an employer shall establish a 8 written policy which is consistent with the 9 requirements of this section governing such testing 10 and which has been agreed to by representatives of the 11 employees and the employer. The employer shall comply 12 with this section and the requirements of the written 13 policy to conduct drug or alcohol testing of employees 14 and prospective employees and shall provide the 15 written policy to every employee subject to testing 16 and shall make the policy available for". Amendment H-8191 lost. Huser of Polk asked and received unanimous consent that amendment H-8216, to the Senate amendment H-8119, be deferred. Dotzler of Black Hawk asked and received unanimous consent to withdraw amendment H-8198, to the Senate amendment H-8119, filed by him on March 3, 1998. Dotzler of Black Hawk offered the following amendment H-8214, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8214 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 9, line 49, by striking the figure ".04" 5 and inserting the following: ".05". A non-record roll call was requested. The ayes were 32, nays 39. Amendment H-8214 lost. Taylor of Linn offered the following amendment H-8197, to the Senate amendment H-8119, filed by him and moved its adoption: H-8197 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 10, by inserting after line 11 the 5 following: 6 "In addition, an employer shall place no more than 7 twenty-five percent of the employee population subject 8 to drug or alcohol testing pursuant to subsection 8, 9 paragraph "a", in a pool of employees as described in 10 subsection 8, paragraph "a", subparagraphs (1) through 11 (3), during any calendar year." Amendment H-8197 lost. Taylor of Linn offered the following amendment H-8200, to the Senate amendment H-8119, filed by him and moved its adoption: H-8200 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 10, by inserting after line 11 the 5 following: 6 "In addition, notwithstanding any provision of this 7 section to the contrary, an employee who has been 8 tested six times pursuant to subsection 8, paragraph 9 "a", during a calendar year shall be excluded from any 10 pool of employees subject to unannounced drug or 11 alcohol testing pursuant to subsection 8, paragraph 12 "a", for the remainder of the calendar year." Amendment H-8200 lost. Dotzler of Black Hawk asked and received unanimous consent that amendment H-8184, to the Senate amendment H-8119, be deferred. Chapman of Linn offered amendment H-8193, to the Senate amendment H-8119, filed by her and requested division as follows: H-8193 1 Amend the Senate amendment, H-8119, to House File 2 299, as amended, passed, and reprinted by the House, 3 as follows: H-8193A 4 1. Page 10, line 12, by inserting after the word 5 "receipt" the following: "of a confirmed positive 6 drug test, or upon receipt". H-8193B 7 2. Page 10, by striking lines 15 through 17 and 8 inserting the following: "employer pursuant to this 9 section, and if the". Chapman of Linn moved the adoption of amendment H-8193A, to the Senate amendment H-8119. Amendment H-8193A lost. Chapman of Linn asked and received unanimous consent to withdraw amendment H-8193B, to the Senate amendment H-8119, filed by her on March 3, 1998. Dotzler of Black Hawk offered the following amendment H-8213, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8213 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 10, by striking lines 15 through 17 and 5 inserting the following: "employer pursuant to this 6 section, and if the". Amendment H-8213 lost. Taylor of Linn offered the following amendment H-8201, to the Senate amendment H-8119, filed by him and moved its adoption: H-8201 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 10, by striking line 20 and inserting the 5 following: "least six months, and if". Amendment H-8201 lost. Wise of Lee offered the following amendment H-8185, to the Senate amendment H-8119, filed by him and moved its adoption: H-8185 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 10, by striking lines 38 through 41 and 5 inserting the following: "between the employee and 6 the employer." 7 2. Page 10, by striking lines 47 through 49 and 8 inserting the following: "employer." Amendment H-8185 lost. Huser of Polk asked and received unanimous consent to withdraw amendment H-8192, to the Senate amendment H-8119, filed by her on March 3, 1998. Whitead of Woodbury offered the following amendment H-8189, to the Senate amendment H-8119, filed by him and moved its adoption: H-8189 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 12, by striking line 4 and inserting the 5 following: "the employer and shall be paid an amount 6 to make the employee whole for all wages lost during 7 the suspension, with interest on such". Amendment H-8189 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar on request of Siegrist of Pottawattamie. Richardson of Warren offered the following amendment H-8227, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8227 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 11, by striking line 43. 5 2. By renumbering as necessary. Speaker pro tempore Van Maanen of Marion in the chair at 5:32 p.m. Roll call was requested by Richardson of Warren and Chapman of Linn. On the question "Shall amendment H-8227, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 3: Boddicker Grundberg Holmes Amendment H-8227 lost. Taylor of Linn offered the following amendment H-8228, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8228 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. By striking page 11, line 49, through page 12, 5 line 9. 6 2. By renumbering and correcting internal 7 references as necessary. Roll call was requested by Taylor of Linn and Chiodo of Polk. On the question "Shall amendment H-8228, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Boddicker Grundberg Amendment H-8228 lost. Dotzler of Black Hawk offered the following amendment H-8186, to the Senate amendment H-8119, filed by him and moved its adoption: H-8186 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. By striking page 12, line 10, through page 13, 5 line 19, and inserting the following: 6 "11. EMPLOYER LIABILITY. A cause of action for 7 defamation, libel, slander, or damage to reputation 8 shall arise against an employer establishing a program 9 of drug or alcohol testing in accordance with this 10 section if the employer discloses the results to a 11 person other than the employer, an authorized 12 employee, agent, or representative of the employer, 13 the tested employee or prospective employee, an 14 authorized substance abuse treatment program or 15 employee assistance program, an authorized agent or 16 representative of the tested employee or prospective 17 employee, or a person to whom disclosure is otherwise 18 authorized pursuant to this section." 19 2. By renumbering and correcting internal 20 references as necessary. Amendment H-8186 lost. Chapman of Linn offered the following amendment H-8190, to the Senate amendment H-8119, filed by her and moved its adoption: H-8190 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. By striking page 12, line 10, through page 13, 5 line 19. 6 2. By renumbering as necessary. Amendment H-8190 lost. Falck of Fayette offered the following amendment H-8205, to the Senate amendment H-8119, filed by him and moved its adoption: H-8205 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 15, line 37, by inserting after the word 5 "pool." the following: "The department of public 6 health shall compile an annual report based on the 7 information received pursuant to this subsection but 8 shall not reproduce, release, or disclose any 9 information obtained pursuant to this subsection which 10 reveals the identity of any employee or prospective 11 employee, a medical review officer, employer, or 12 laboratory involved in drug or alcohol testing 13 pursuant to this section." Amendment H-8205 lost. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2037, a bill for an act relating to the Iowa state fair convention by providing for its membership and the election of members to the Iowa state fair board. Also: That the Senate has on March 4, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2406, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. MARY PAT GUNDERSON, Secretary Connors of Polk offered the following amendment H-8188, to the Senate amendment H-8119, filed by him and moved its adoption: H-8188 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 15, by striking lines 24 through 37 and 5 inserting the following: 6 "16. REPORTS. 7 a. An employer who conducts a drug test pursuant 8 to this section shall, for each fiscal year beginning 9 on or after July 1, 1999, file an annual report with 10 the division of labor services of the department of 11 workforce development, on forms provided by the 12 division, documenting the number of accidents, 13 including the number of personal injuries and the 14 dollar loss for property damage arising out of the 15 accidents, caused by the use of drugs or alcohol by 16 employees and documenting separately for each category 17 of testing described in subsection 8 the following 18 information: 19 (1) The number of drug or alcohol tests conducted 20 in each category. 21 (2) The results of drug or alcohol tests conducted 22 in each category. 23 (3) The cumulative direct costs of drug or alcohol 24 tests in each category. Direct costs includes 25 employee work hours lost due to the conducting of drug 26 or alcohol testing pursuant to this section. 27 (4) The cost of substance abuse evaluation and 28 treatment for employees in each category. 29 b. The division of labor services of the 30 department of workforce development shall compile the 31 information submitted by employers pursuant to this 32 subsection and shall submit an annual report to the 33 general assembly on this information." 34 2. By renumbering as necessary. Amendment H-8188 lost. Murphy of Dubuque asked and received unanimous consent that amendment H-8195, to the Senate amendment H-8119, be deferred. Mundie of Webster asked and received unanimous consent to withdraw amendment H-8206, to the Senate amendment H-8119, filed by him on March 3, 1998. Huser of Polk offered the following amendment H-8216, to the Senate amendment H-8119, filed by her from the floor and moved its adoption: H-8216 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 8, line 41, by inserting after the words 5 "prospective employees." the following: 6 "The written policy shall provide that in order to 7 conduct drug or alcohol testing under this section of 8 an employee who is under eighteen years of age, the 9 employer shall, prior to employment of the employee, 10 provide written notification, by certified mail, 11 return receipt requested, to the employee's parent or 12 grandparent concerning the employer's drug or alcohol 13 testing policy pursuant to this section. For purposes 14 of this paragraph, "parent" means one parent or a 15 legal guardian or custodian of the employee." Veenstra of Sioux in the chair at 6:50 p.m. Roll call was requested by Huser of Polk and Wise of Lee. On the question "Shall amendment H-8216, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 48: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Van Maanen Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Weidman Welter Veenstra, Presiding Absent or not voting, 1: Boddicker Amendment H-8216 lost. Dotzler of Black Hawk offered the following amendment H-8184, to the Senate amendment H-8119, filed by him and moved its adoption: H-8184 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 10, line 12, by inserting after the word 5 "receipt" the following: "of a confirmed positive 6 drug test relating to the use of drugs that had 7 previously been lawfully prescribed to the employee, 8 or upon receipt". 9 2. Page 10, by striking lines 15 through 17 and 10 inserting the following: "employer pursuant to this 11 section, and if the". Amendment H-8184 lost. Taylor of Linn asked and received unanimous consent to withdraw amendment H-8195, to the Senate amendment H-8119, filed by Murphy of Dubuque on March 3, 1998. Connors of Polk offered the following amendment H-8232, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8232 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 8, line 41, by inserting after the words 5 "prospective employees." the following: 6 "The written policy shall provide that in order to 7 conduct drug or alcohol testing under this section of 8 an employee who is under eighteen years of age, the 9 employer shall, prior to employment of the employee, 10 provide written notification, by certified mail, 11 return receipt requested, to the employee's parent or 12 grandparent concerning the employer's drug or alcohol 13 testing policy pursuant to this section. In addition, 14 the written policy shall provide that the parent or 15 grandparent of an employee under eighteen years of age 16 shall be provided written notification, by certified 17 mail, return receipt requested, if the employee has a 18 confirmed positive drug or alcohol test result. For 19 purposes of this paragraph, "parent" means one parent 20 or a legal guardian or custodian of the employee." QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. Rule 75 was invoked. Roll call was requested by Connors of Polk and Murphy of Dubuque. On the question "Shall amendment H-8232, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Weidman Welter Veenstra, Presiding Absent or not voting, 1: Boddicker Amendment H-8232 lost. Taylor of Linn offered the following amendment H-8215, to the Senate amendment H-8119, filed by him and Bell of Jasper, Brand of Tama, Bukta of Clinton, Burnett of Story, Cataldo of Polk, Chapman of Linn, Chiodo of Polk, Cohoon of Des Moines, Connors of Polk, Doderer of Johnson, Dotzler of Black Hawk, Drees of Carroll, Falck of Fayette, Fallon of Polk, Foege of Linn, Ford of Polk, Frevert of Palo Alto, Holveck of Polk, Huser of Polk, Jochum of Dubuque, Kinzer of Scott, Koenigs of Mitchell, Kreiman of Davis, Larkin of Lee, Mascher of Johnson, May of Worth, Mertz of Kossuth, Moreland of Wapello, Mundie of Webster, Murphy of Dubuque, Myers of Johnson, O'Brien of Boone, Osterhaus of Jackson, Reynolds-Knight of Van Buren, Richardson of Warren, Scherrman of Dubuque, Schrader of Marion, Shoultz of Black Hawk, Thomas of Clayton, Warnstadt of Woodbury, Weigel of Chickasaw, Whitead of Woodbury, Wise of Lee, and Witt of Black Hawk from the floor and moved its adoption: H-8215 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. By striking everything after the enacting 5 clause and inserting the following: 6 "Section 1. Section 730.5, Code 1997, is amended 7 by striking the section and inserting in lieu thereof 8 the following: 9 730.5 DRUG-FREE WORKPLACES. 10 1. DEFINITIONS. As used in this section, unless 11 the context otherwise requires: 12 a. "Alcohol" means ethanol, isopropanol, or 13 methanol. 14 b. "Drug" means a substance considered unlawful 15 under the federal Controlled Substances Act, 21 U.S.C. 16 "/g" 801 et seq. 17 c. "Employee" means a person in the service of an 18 employer. 19 d. "Employer" means a person which has one or more 20 employees employed in the same business, or in or 21 about the same establishment, in this state. 22 e. "Good faith" means reasonable reliance on 23 facts. 24 f. "Medical review officer" means a physician 25 licensed to practice medicine and surgery or 26 osteopathic medicine and surgery in any state of the 27 United States, responsible for receiving laboratory 28 results generated by an employer's drug testing 29 program, who is independent from the employer and is 30 agreed upon by representatives of the employer and the 31 employees, and who has knowledge of substance abuse 32 disorders and has appropriate medical training to 33 interpret and evaluate an individual's confirmed 34 positive test result together with the individual's 35 medical history and any other relevant biomedical 36 information. 37 g. "Prospective employee" means a person who has 38 made application, whether written or oral, to an 39 employer to become an employee and who has received a 40 bona fide offer of employment from the employer. 41 h. "Reasonable suspicion drug or alcohol testing" 42 means drug or alcohol testing based upon evidence 43 which would cause a reasonable person to conclude that 44 an employee is using or has used alcohol or other 45 drugs and which use impairs the employee's performance 46 while on the job in violation of the employer's 47 written policy. For purposes of this paragraph, 48 evidence may include, but is not limited to, any of 49 the following: 50 (1) Observable phenomena while at work such as Page 2 1 direct observation of alcohol or other drug use or 2 abuse or of the physical symptoms or manifestations of 3 being impaired due to alcohol or other drug use. 4 (2) Abnormal conduct or erratic behavior while at 5 work or a significant deterioration in work 6 performance. 7 (3) A report of alcohol or other drug use while at 8 work provided by a reliable and credible source. 9 (4) Evidence that an individual has tampered with 10 the individual's own drug or alcohol test during the 11 individual's employment with the current employer. 12 (5) Evidence that an employee has caused an 13 accident while at work which resulted in a personal 14 injury which required medical treatment away from the 15 workplace or damage to property, including equipment, 16 in an amount reasonably estimated to exceed one 17 thousand dollars at the time of the accident. 18 (6) Evidence that an employee has possessed or 19 used drugs while working or while on the employer's 20 premises or while operating the employer's vehicle, 21 machinery, or equipment. 22 i. "Sample" means such sample of urine from the 23 human body capable of revealing the presence of 24 alcohol or other drugs, or their metabolites. 25 2. APPLICABILITY. This section does not prevent 26 an employer from conducting medical screening for 27 substances other than drugs or alcohol in order to 28 monitor employee exposure to toxic or other unhealthy 29 substances encountered in the workplace or in the 30 performance of the employees' job responsibilities. 31 Any such screening must be limited to the specific 32 substances required to be monitored. 33 3. TESTING AS CONDITION OF EMPLOYMENT - 34 REQUIREMENTS. To the extent provided in subsection 7, 35 an employer may test employees and prospective 36 employees for the presence of drugs or alcohol as a 37 condition of continued employment or hiring. An 38 employer shall adhere to the requirements of this 39 section concerning the conduct of such testing and the 40 use and disposition of the results of such testing. 41 4. COLLECTION OF SAMPLES. In conducting drug or 42 alcohol testing, an employer may require the 43 collection of samples from its employees and 44 prospective employees, and may require presentation of 45 reliable individual identification from the person 46 being tested to the person collecting the samples. 47 Collection of a sample shall be in conformance with 48 the requirements of this section. 49 5. SCHEDULING OF TESTS. 50 a. Drug or alcohol testing of employees conducted Page 3 1 by an employer shall normally occur during, or 2 immediately before or after, a regular work period. 3 The time required for such testing by an employer 4 shall be deemed work time for the purposes of 5 compensation and benefits for employees. 6 b. An employer shall pay all actual costs for drug 7 or alcohol testing of employees and prospective 8 employees required by the employer. 9 c. An employer shall provide transportation or pay 10 reasonable transportation costs to employees for all 11 drug or alcohol testing under this section. 12 6. TESTING PROCEDURES. All sample collection and 13 testing for drugs or alcohol under this section shall 14 be performed in accordance with the following 15 conditions: 16 a. The collection of samples shall be performed 17 under sanitary conditions and with regard for the 18 privacy of the individual from whom the specimen is 19 being obtained and in a manner reasonably calculated 20 to preclude contamination or substitution of the 21 specimen. 22 b. Sample collection for testing of current 23 employees shall be performed so that the specimen is 24 split into two components at the time of collection in 25 the presence of the individual from whom the sample or 26 specimen is collected. The second portion of the 27 specimen or sample shall be of sufficient quantity to 28 permit a second, independent confirmatory test as 29 provided in paragraph "i". The sample shall be split 30 such that the primary sample contains at least thirty 31 milliliters and the secondary sample contains at least 32 fifteen milliliters. Both portions of the sample 33 shall be forwarded to the laboratory conducting the 34 initial confirmatory testing. In addition to any 35 requirements for storage of the initial sample that 36 may be imposed upon the laboratory as a condition for 37 certification or approval, the laboratory shall store 38 the second portion of any sample until receipt of a 39 confirmed negative test result or for a period of at 40 least forty-five calendar days following the 41 completion of the initial confirmatory testing, if the 42 first portion yielded a confirmed positive test 43 result. 44 c. Sample collections shall be documented, and the 45 procedure for documentation shall include the 46 following: 47 (1) Samples shall be labeled so as to reasonably 48 preclude the possibility of misidentification of the 49 individual tested in relation to the test result 50 provided, and samples shall be handled and tracked in Page 4 1 a manner such that control and accountability are 2 maintained from initial collection to each stage in 3 handling, testing, and storage, through final 4 disposition. 5 (2) An employee or prospective employee shall be 6 provided an opportunity to provide any information 7 which may be considered relevant to the test, 8 including identification of prescription or 9 nonprescription drugs currently or recently used, or 10 other relevant medical information. Information 11 provided by the employee or prospective employee shall 12 not be disclosed to the employer but shall be 13 delivered to the facility conducting confirmatory 14 testing. To assist an employee or prospective 15 employee in providing the information described in 16 this subparagraph, the employer shall provide an 17 employee or prospective employee with a list of the 18 drugs to be tested. 19 d. Sample collection, storage, and transportation 20 to the place of testing shall be performed so as to 21 reasonably preclude the possibility of sample 22 contamination, adulteration, or misidentification. 23 e. All drug testing, including both initial and 24 confirmatory testing, shall be conducted at a 25 laboratory certified by the United States department 26 of health and human services' substance abuse and 27 mental health services administration or approved 28 under rules adopted by the Iowa department of public 29 health. 30 f. Drug or alcohol testing shall include 31 confirmation of any initial positive test results. 32 For drug testing, confirmation shall be by use of a 33 different chemical process than was used in the 34 initial drug screen. The confirmatory drug test shall 35 be a chromatographic technique such as gas 36 chromatography or mass spectrometry, or another 37 comparably reliable analytical method. 38 g. A medical review officer shall, prior to the 39 results being reported to an employer and the employee 40 or prospective employee tested, review and interpret 41 any confirmed positive test results, including both 42 quantitative and qualitative test results, to ensure 43 that the chain of custody is complete and sufficient 44 on its face and that any information provided by the 45 individual pursuant to paragraph "c", subparagraph 46 (2), is considered. 47 h. In conducting drug or alcohol testing pursuant 48 to this section, the employer shall ensure that the 49 testing only measure, and the records concerning the 50 testing only show or make use of information Page 5 1 regarding, alcohol or drugs in the body. 2 i. If a positive drug or alcohol test for an 3 employee or prospective employee is confirmed by the 4 medical review officer, the medical review officer 5 shall notify the employee or prospective employee in 6 writing of the results of the test, the employee's or 7 prospective employee's right to request and obtain a 8 confirmatory test of the second sample collected 9 pursuant to paragraph "b" at a certified or approved 10 laboratory of the employee's or prospective employee's 11 choice, and the fee established by the employer's 12 written policy to be payable by the employee or 13 prospective employee to the medical review officer for 14 reimbursement of expenses concerning the test. The 15 fee charged an employee or prospective employee shall 16 be an amount, not in excess of one hundred dollars, 17 that represents the costs associated with conducting 18 the second confirmatory test, which shall be 19 consistent with the employer's cost for conducting the 20 initial confirmatory test on an employee's or 21 prospective employee's sample. If the employee or 22 prospective employee requests a second confirmatory 23 test, identifies a certified or approved laboratory to 24 conduct the test, and pays the medical review officer 25 the fee for the test within fifteen days from the date 26 the employee or prospective employee receives written 27 notice of the right to request a test, a second 28 confirmatory test shall be conducted at the laboratory 29 chosen by the employee or prospective employee. The 30 results of the second confirmatory test shall be 31 reported to the medical review officer who reviewed 32 the initial confirmatory test results and the medical 33 review officer shall review the results and issue a 34 report to the employer and the employee or prospective 35 employee tested that the results of the drug or 36 alcohol test were confirmed as positive if the results 37 of the second confirmatory test confirmed the initial 38 confirmatory test as to the presence of a specific 39 drug or alcohol. If the results of the second test do 40 not confirm the results of the initial confirmatory 41 test, the medical review officer shall report to the 42 employer that the result of the drug or alcohol test 43 is negative and not a confirmed positive test result 44 for purposes of this section. 45 j. A report of the results of a drug or alcohol 46 test issued to an employer and the individual tested 47 shall only indicate, as to an employee or prospective 48 employee, whether the test results were positive or 49 negative, pursuant to the review and interpretation of 50 a medical review officer as provided in this Page 6 1 subsection. An inconclusive test result shall be 2 reported as a negative test result. If the test 3 results are positive, the report shall only indicate 4 whether drugs or alcohol were present, which drugs 5 were present if applicable, information concerning the 6 amount of alcohol present, and a statement from the 7 medical review officer that any information provided 8 by the employee or prospective employee fails to 9 explain the results. 10 7. DRUG OR ALCOHOL TESTING. Employers may conduct 11 drug or alcohol testing as provided in this 12 subsection: 13 a. Employers may conduct drug or alcohol testing 14 of employees for up to two years after completion of 15 drug or alcohol rehabilitation. 16 b. Employers may conduct reasonable suspicion drug 17 or alcohol testing. 18 c. Employers may conduct drug or alcohol testing 19 of prospective employees. 20 d. Employers may conduct drug or alcohol testing 21 as required by federal law or regulation. 22 e. Employers may conduct drug or alcohol testing 23 in investigating accidents in the workplace which 24 result in a personal injury which requires medical 25 treatment away from the workplace or damage to 26 property, including equipment, in an amount reasonably 27 estimated to exceed one thousand dollars at the time 28 of the accident. 29 8. WRITTEN POLICY AND OTHER TESTING REQUIREMENTS. 30 a. Prior to conducting drug or alcohol testing 31 under this section, an employer shall establish, 32 following consultation with representatives of 33 employees, a written policy consistent with the 34 requirements of this section governing such testing. 35 The employer shall comply with this section and the 36 requirements of the written policy to conduct drug or 37 alcohol testing of employees and prospective employees 38 and shall provide the written policy to every employee 39 subject to testing and shall make the policy available 40 for review by employees and prospective employees. In 41 addition, the employer's written policy shall provide 42 for notice to prospective employees if a drug or 43 alcohol test will be required of a prospective 44 employee prior to employment. 45 b. The employer's written policy shall provide 46 uniform requirements for what disciplinary or 47 rehabilitative actions an employer shall take against 48 an employee or prospective employee upon receipt of a 49 confirmed positive drug or alcohol test result or upon 50 the refusal of the employee or prospective employee to Page 7 1 provide a testing sample. The policy shall provide 2 that any action taken against an employee or 3 prospective employee shall be based only on the 4 results of the drug or alcohol test and shall not in 5 any way, or to any degree, take into account race, 6 age, gender, job performance, job classification, 7 seniority, salary, representation status or 8 activities, political philosophy, religion, creed, 9 national origin, or any other personal factor, whether 10 work-related or not. An employer who fails to comply 11 with the provisions of this subsection as to a drug or 12 alcohol test shall be prohibited from taking any 13 disciplinary action against an employee or prospective 14 employee pursuant to that test. 15 c. Employers shall establish an awareness program 16 to inform employees of the dangers of drug and alcohol 17 use in the workplace and shall comply with the 18 following requirements in order to conduct drug or 19 alcohol testing under this section: 20 (1) If an employer has an employee assistance 21 program, the employer must inform the employee of the 22 benefits and services of the employee assistance 23 program. An employer shall post notice of the 24 employee assistance program in conspicuous places and 25 explore alternative routine and reinforcing means of 26 publicizing such services. In addition, the employer 27 must provide the employee with notice of the policies 28 and procedures regarding access to and utilization of 29 the program. 30 (2) If an employer does not have an employee 31 assistance program, the employer must maintain a 32 resource file of employee assistance services 33 providers, alcohol and other drug abuse programs 34 certified by the Iowa department of public health, 35 mental health providers, and other persons, entities, 36 or organizations available to assist employees with 37 personal or behavioral problems. The employer shall 38 provide all employees information about the existence 39 of the resource file and a summary of the information 40 contained within the resource file. The summary 41 should contain, but need not be limited to, all 42 information necessary to access the services listed in 43 the resource file. In addition, the employer shall 44 post in conspicuous places a listing of multiple 45 employee assistance providers in the area. 46 d. An employee or prospective employee whose drug 47 or alcohol test results are confirmed as positive in 48 accordance with this section shall not, by virtue of 49 those results alone, be considered as a person with a 50 disability for purposes of any state or local law or Page 8 1 regulation. 2 e. If the written policy provides for alcohol 3 testing, the employer shall establish in the written 4 policy a standard for alcohol concentration which 5 shall be deemed to violate the policy. The standard 6 for alcohol concentration shall not be less than .04, 7 expressed in terms of grams of alcohol per two hundred 8 ten liters of breath, or its equivalent. 9 f. In order to conduct drug or alcohol testing 10 under this section, an employer shall require all 11 supervisory personnel of the employer to attend a 12 minimum of two hours of initial training and to 13 attend, on an annual basis thereafter, a minimum of 14 one hour of subsequent training. The training shall 15 be based upon standards adopted by the Iowa department 16 of public health and shall include, but is not limited 17 to, information concerning the recognition of evidence 18 of employee alcohol and other drug abuse, the 19 documentation and corroboration of employee alcohol 20 and other drug abuse, and the referral of employees 21 who abuse alcohol or other drugs to the employee 22 assistance program or to the resource file of employee 23 assistance services providers. For purposes of this 24 paragraph, "supervisory personnel" means persons 25 having authority, in the interest of the employer, to 26 hire, transfer, suspend, lay off, recall, promote, 27 discharge, assign, reward, or discipline other 28 employees, or responsibly to direct them, or to adjust 29 their grievances, or effectively to recommend such 30 action, if in connection with the foregoing the 31 exercise of such authority is not of a merely routine 32 or clerical nature, but requires the use of 33 independent judgment. 34 g. If an employee is under eighteen years of age, 35 in order to conduct drug or alcohol testing under this 36 section, the employer shall, prior to conducting a 37 test, notify the employee's parent or grandparent that 38 a test shall be conducted and the basis for the test. 39 For purposes of this paragraph, "parent" means one 40 parent or a legal guardian or custodian of the 41 employee. 42 9. DISCIPLINARY PROCEDURES. 43 a. Upon receipt for an employee of the first 44 confirmed positive drug or alcohol test result, the 45 employer shall provide the employee with a substance 46 abuse evaluation, and treatment if recommended by the 47 evaluation, with costs apportioned as provided under 48 the employee benefit plan or at employer expense, if 49 an employee benefit plan is not in effect which 50 apportions costs. The employer shall take no Page 9 1 disciplinary action against the employee upon receipt 2 of the first confirmed positive drug or alcohol test 3 result if the employee undergoes a substance abuse 4 evaluation, and if the employee successfully completes 5 substance abuse treatment if treatment is recommended 6 by the evaluation. However, if an employee fails to 7 undergo substance abuse evaluation when required as a 8 result of a drug or alcohol test, or fails to 9 successfully complete substance abuse treatment when 10 recommended by an evaluation, the employee may be 11 disciplined as provided in paragraph "b". The 12 substance abuse evaluation and treatment provided by 13 the employer shall take place under a program approved 14 by the Iowa department of public health or accredited 15 by the joint commission on the accreditation of health 16 care organizations. 17 b. Upon receipt for an employee of a second 18 confirmed positive drug or alcohol test result or upon 19 receipt for a prospective employee of a confirmed 20 positive drug or alcohol test result, upon the failure 21 of an employee to comply with the requirements of 22 paragraph "a", or upon the refusal of an employee or 23 prospective employee to provide a testing sample, an 24 employer may use that test result or test refusal as a 25 valid basis for disciplinary or rehabilitative actions 26 consistent with the employer's written policy, which 27 may include, among other actions, the following: 28 (1) A requirement that the employee enroll in an 29 employer-provided or approved rehabilitation, 30 treatment, or counseling program, which may include 31 additional drug or alcohol testing, participation in 32 and successful completion of which may be a condition 33 of continued employment, and the costs of which may or 34 may not be covered by the employer's health plan or 35 policies. 36 (2) Suspension of the employee, with or without 37 pay, for a designated period of time. 38 (3) Termination of employment. 39 (4) Refusal to hire a prospective employee. 40 (5) Other adverse employment action in conformance 41 with the employer's written policy and procedures, 42 including any relevant collective bargaining agreement 43 provisions. 44 10. EMPLOYER IMMUNITY. A cause of action shall 45 not arise against an employer who, in good faith, has 46 established a written policy in accordance with this 47 section and has complied with the requirements of the 48 written policy and this section for testing or taking 49 action based on the results of a confirmed positive 50 drug or alcohol test result, indicating the presence Page 10 1 of drugs or alcohol, or the refusal of an employee or 2 prospective employee to submit to a drug or alcohol 3 test. 4 11. RELEASE OF INFORMATION - CONFIDENTIALITY - 5 EXCEPTIONS. 6 a. Except as provided in paragraph "b", all 7 communications received by an employer relevant to 8 employee or prospective employee drug or alcohol test 9 results, or otherwise received through the employer's 10 drug or alcohol testing program, are confidential 11 communications and shall not be used or received in 12 evidence, obtained in discovery, or disclosed in any 13 public or private proceeding, except as provided by 14 this section or in a proceeding related to an action 15 taken by an employer under this section or by an 16 employee under this section. 17 b. An employee, or a prospective employee, who is 18 the subject of a drug or alcohol test conducted under 19 this section pursuant to an employer's written policy 20 and for whom a confirmed positive test result is 21 reported shall receive, at the same time the report is 22 issued to the employer, a copy of the report issued to 23 the employer and shall receive any records relating to 24 the employee's drug or alcohol test, including records 25 of the laboratory where the testing was conducted and 26 any records relating to the results of any relevant 27 review by a medical review officer. 28 12. CIVIL REMEDIES. This section may be enforced 29 through a civil action. 30 a. A person who violates this section or who aids 31 in the violation of this section, is liable to an 32 aggrieved employee or prospective employee for 33 affirmative relief including reinstatement or hiring, 34 with or without back pay, or any other equitable 35 relief as the court deems appropriate including 36 attorney fees and court costs. 37 b. When a person commits, is committing, or 38 proposes to commit, an act in violation of this 39 section, an injunction may be granted through an 40 action in district court to prohibit the person from 41 continuing such acts. The action for injunctive 42 relief may be brought by an aggrieved employee or 43 prospective employee, the county attorney, or the 44 attorney general. 45 In an action brought under this subsection alleging 46 that an employer has required or requested a drug or 47 alcohol test in violation of this section, the 48 employer has the burden of proving that the 49 requirements of this section were met. 50 13. OFFENSES. Samples collected, information Page 11 1 provided by an employee or prospective employee 2 pursuant to subsection 6, paragraph "c", subparagraph 3 (2), and the results of drug or alcohol testing shall 4 be used solely for the purpose of conducting drug or 5 alcohol testing pursuant to this section and shall not 6 be sold, transferred, or disseminated, to any person 7 for any purpose not expressly authorized by this 8 section. A person who violates this subsection 9 commits a simple misdemeanor and, notwithstanding 10 section 903.1, if a monetary fine is imposed, the fine 11 shall be one hundred dollars. Each violation of this 12 subsection constitutes a separate offense. 13 14. REPORTS. 14 a. An employer who conducts a drug test pursuant 15 to this section shall, for each fiscal year beginning 16 on or after July 1, 1999, file an annual report with 17 the division of labor services of the department of 18 workforce development, on forms provided by the 19 division, documenting the number of accidents, 20 including the number of personal injuries and the 21 dollar loss for property damage arising out of the 22 accidents, caused by the use of drugs or alcohol by 23 employees and documenting separately for each category 24 of testing described in subsection 7, the following 25 information: 26 (1) The number of drug or alcohol tests conducted 27 in each category. 28 (2) The results of drug or alcohol tests conducted 29 in each category. 30 (3) The cumulative direct costs of drug or alcohol 31 tests in each category. Direct costs include employee 32 work hours lost due to the conducting of drug or 33 alcohol testing pursuant to this section. 34 (4) The cost of substance abuse evaluation and 35 treatment for employees in each category. 36 b. The division of labor services of the 37 department of workforce development shall compile the 38 information submitted by employers pursuant to this 39 subsection and shall submit an annual report to the 40 general assembly on this information." Roll call was requested by Murphy of Dubuque and Taylor of Linn. Van Maanen of Marion in the chair at 7:52 p.m. On the question "Shall amendment H-8215, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Boddicker Grundberg Amendment H-8215 lost. Weigel of Chickasaw offered the following amendment H-8238, to the Senate amendment H-8119, filed by him from the floor and moved its adoption: H-8238 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 8, line 41, by inserting after the words 5 "prospective employees." the following: "The written 6 policy shall also provide that if an employee under 7 eighteen years of age is subjected to a drug or 8 alcohol test pursuant to this section, the sample 9 shall be collected in a manner that ensures the 10 greatest possible privacy to the employee without 11 compromising the integrity of the testing and, if the 12 sample shall be collected in the presence of another 13 person, the person shall be of the same sex as the 14 employee subjected to the test." Roll call was requested by Bernau of Story and Chiodo of Polk. On the question "Shall amendment H-8238, to the Senate amendment H-8119, be adopted?" (H.F. 299) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 2: Boddicker Dinkla Amendment H-8238 lost. Speaker Corbett in the chair at 9:32 p.m. Sukup of Franklin moved that the House concur in the Senate amendment H-8119. A non-record roll call was requested. The ayes were 48, nays 40. The motion prevailed and the House concurred in the Senate amendment H-8119. Sukup of Franklin moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 299) The ayes were, 53: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Boddicker The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 299 be immediately messaged to the Senate. EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 2, 1998. Had I been present, I would have voted "aye" on House Files 530, 2331, and 2392. I was also necessarily absent from the House chamber on March 3, 1998. Had I been present, I would have voted "aye" on House File 681. CARROLL of Poweshiek BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 4, 1998, he approved and transmitted to the Secretary of State the following bills: Senate File 2073, an act prohibiting the performance of partial-birth abortions relative to a human fetus, establishing a cause of action for violation of the prohibition, and providing penalties. Senate File 2075, an act relating to the creation of a dental hygiene committee within the board of dental examiners. PRESENTATION OF VISITORS Siegrist of Pottawattamie presented to the House the Honorable Linda Nelson, former representative from Pottawattamie County. Speaker pro tempore Van Maanen of Marion presented to the House the Honorable Bill Harbor, former representative from Mills County. The Speaker announced that the following visitors were present in the House chamber: Twenty-one Teen Leaders in Action from Ottumwa, Eddyville-Blakesburg and Cardinal Schools, accompanied by Michelle Sipe, Jeanie Forgy, Bonnie Ellison and Louise Davis. By Moreland of Wapello. Students from Marshalltown High School, Marshalltown. By Nelson of Marshall. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF HUMAN SERVICES A report on the Enhanced Residential Care Facility for Persons with Mental Retardation Reimbursements Rates, pursuant to Chapter 169.20, 1997 Acts of the Seventy-seventh General Assembly. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\231 Jason Twedt, Hawarden - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\232 Stephanie Gallegos, Defiance - For receiving 2nd place in the 8th-9th grade category in the "Write Women Back Into History" Essay Contest. 1998\233 Dr. Barbara Grohe, Iowa City - For being named National Superintendent of the Year. SUBCOMMITTEE ASSIGNMENTS House File 2458 Appropriations: Brunkhorst, Chair; Brand and Jacobs. House File 2459 Appropriations: Millage, Chair; Sukup and Warnstadt. Senate File 2153 State Government: Jochum, Chair; Bradley and Nelson. Senate File 2170 State Government: Nelson, Chair; Cataldo and Hansen. Senate File 2220 Judiciary: Kremer, Chair; Ford and Veenstra. Senate File 2221 Judiciary: Veenstra, Chair; Chapman and Lamberti. Senate File 2259 Judiciary: Larson, Chair; Lamberti and Moreland. Senate File 2288 Ways and Means: Van Fossen, Chair; Lamberti and Weigel. Senate File 2310 State Government: Bradley, Chair; Tyrrell and Whitead. Senate File 2319 State Government: Bradley, Chair; Tyrrell and Whitead. Senate File 2336 Judiciary: Dinkla, Chair; Holveck and Sukup. Senate File 2337 Judiciary: Churchill, Chair; Bell and Kremer. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House Study Bill 693), relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 4, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 518), updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. Fiscal Note is not required. Recommended Do Pass March 4, 1998. Committee Bill (Formerly House Study Bill 556), relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes; providing penalties; and including effective and retroactive applicability date provisions. Fiscal Note is not required. Recommended Amend and Do Pass March 4, 1998. AMENDMENTS FILED H_8207 H.F. 2499 Witt of Black Hawk Fallon of Polk H_8209 H.F. 2487 Scherrman of Dubuque H_8210 H.F. 2504 Kreiman of Davis H_8211 H.F. 2513 Jenkins of Black Hawk Greig of Emmet H_8212 H.F. 2499 Ford of Polk Brauns of Muscatine H_8217 H.F. 2424 Bradley of Clinton Welter of Jones Brauns of Muscatine Cataldo of Polk Wise of Lee Cormack of Webster Chiodo of Polk Taylor of Linn Warnstadt of Woodbury Huser of Polk Rayhons of Hancock Martin of Scott Larson of Linn Koenigs of Mitchell Murphy of Dubuque Cohoon of Des Moines Larkin of Lee Lamberti of Polk Millage of Scott Meyer of Sac Blodgett of Cerro Gordo Van Fossen of Scott Nelson of Marshall Brunkhorst of Bremer Gipp of Winneshiek Holveck of Polk Tyrrell of Iowa Rants of Woodbury Thomas of Clayton Whitead of Woodbury Greiner of Washington Hahn of Muscatine Jacobs of Polk Myers of Johnson Churchill of Polk Sukup of Franklin Dix of Butler Holmes of Scott Jochum of Dubuque Doderer of Johnson H_8218 H.F. 2454 Bradley of Clinton H_8219 H.F. 2491 Lamberti of Polk H_8220 H.F. 2494 Koenigs of Mitchell H_8221 H.F. 2494 Mertz of Kossuth H_8222 H.F. 2494 Frevert of Palo Alto H_8223 H.F. 2494 Koenigs of Mitchell H_8224 H.F. 2494 Mertz of Kossuth H_8225 H.F. 2510 Jochum of Dubuque Bell of Jasper Cohoon of Des Moines Dotzler of Black Hawk Drees of Carroll Frevert of Palo Alto O'Brien of Boone Mertz of Kossuth Mundie of Webster H_8226 H.F. 2494 Koenigs of Mitchell H_8229 H.F. 2370 Nelson of Marshall H_8230 H.F. 2005 Falck of Fayette H_8231 H.F. 2494 Weigel of Chickasaw H_8233 H.F. 2499 Fallon of Polk Witt of Black Hawk H_8234 H.F. 2454 Van Fossen of Scott H_8235 H.F. 2521 Richardson of Warren H_8236 H.F. 2494 Frevert of Palo Alto H_8237 H.F. 2494 Koenigs of Mitchell H_8239 H.F. 2454 Bradley of Clinton H_8240 H.F. 2499 Cohoon of Des Moines H_8241 H.F. 2475 Witt of Black Hawk Greiner of Washington H_8242 H.F. 2499 Shoultz of Black Hawk H_8243 H.F. 2454 Whitead of Woodbury On motion by Siegrist of Pottawattamie, the House adjourned at 10:00 p.m., until 8:45 a.m., Thursday, March 5, 1998.
| Previous Day: Tuesday, March 3 | Next Day: Thursday, March 5 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 5 13:40:05 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/Day/0304.html
jhf