Senate Amendment 3005


PAG LIN




     1  1    Amend House File 1, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5                       <DIVISION I
     1  6                      MINIMUM WAGE>
     1  7 #2.  Page 2, line 1, by inserting after the word
     1  8 <This> the following:  <division of this>.
     1  9 #3.  Page 2, by inserting after line 2 the
     1 10 following:
     1 11                      <DIVISION II
     1 12           UNEMPLOYMENT COMPENSATION BENEFITS
     1 13    Sec.    .  Section 96.4, Code 2007, is amended by
     1 14 adding the following new subsection:
     1 15    NEW SUBSECTION.  8.  The individual has satisfied
     1 16 one one=week waiting period during the individual's
     1 17 benefit year.  To satisfy the one=week waiting period,
     1 18 the individual, with respect to the week in question,
     1 19 must be unemployed, have filed a claim for benefits,
     1 20 and be eligible for benefits from this state, but must
     1 21 not have received benefits from this or another state,
     1 22 and must not be eligible for benefits from another
     1 23 state.
     1 24                      DIVISION III
     1 25                      DRUG TESTING
     1 26    Sec.    .  Section 730.5, subsection 1, paragraph
     1 27 b, Code 2007, is amended to read as follows:
     1 28    b.  "Confirmed positive test result" means, except
     1 29 for alcohol testing conducted pursuant to subsection
     1 30 7, paragraph "f", subparagraph (2), the results of a
     1 31 blood, urine, or oral fluid drug test in which the
     1 32 level of controlled substances or metabolites in the
     1 33 specimen sample analyzed meets or exceeds nationally
     1 34 accepted standards for determining detectable levels
     1 35 of controlled substances as adopted by the federal
     1 36 United States department of health and human services'
     1 37 substance abuse and mental health services
     1 38 administration.  If nationally accepted standards for
     1 39 oral fluid tests on a particular specimen have not
     1 40 been adopted by the federal United States department
     1 41 of health and human services' substance abuse and
     1 42 mental health services administration, the standards
     1 43 for determining detectable levels of controlled
     1 44 substances for purposes of determining a confirmed
     1 45 positive test result shall be the same standard that
     1 46 has been established cleared or approved by the
     1 47 federal United States department of health and human
     1 48 services' food and drug administration for the
     1 49 measuring instrument used to perform the oral fluid
     1 50 test particular specimen testing utilized.
     2  1    Sec.    .  Section 730.5, subsection 1, paragraph
     2  2 k, Code 2007, is amended to read as follows:
     2  3    k.  "Sample" means such sample from the human body
     2  4 capable of revealing the presence of alcohol or other
     2  5 drugs, or their metabolites, which shall include only
     2  6 urine, saliva, breath, and blood.  However, "sample"
     2  7 does not mean blood except as authorized pursuant to
     2  8 subsection 7, paragraph "l".
     2  9    Sec.    .  Section 730.5, subsection 7, paragraph
     2 10 b, Code 2007, is amended to read as follows:
     2 11    b.  Collection of a urine sample for testing of
     2 12 current employees shall be performed so that the
     2 13 specimen is split into two components at the time of
     2 14 collection in the presence of the individual from whom
     2 15 the sample or specimen is collected.  The second
     2 16 portion of the specimen or sample shall be of
     2 17 sufficient quantity to permit a second, independent
     2 18 confirmatory test as provided in paragraph "i".  The
     2 19 If the sample is urine, the sample shall be split such
     2 20 that the primary sample contains at least thirty
     2 21 milliliters and the secondary sample contains at least
     2 22 fifteen milliliters.  Both portions of the sample
     2 23 shall be forwarded to the laboratory conducting the
     2 24 initial confirmatory testing.  In addition to any
     2 25 requirements for storage of the initial sample that
     2 26 may be imposed upon the laboratory as a condition for
     2 27 certification or approval, the laboratory shall store
     2 28 the second portion of any sample until receipt of a
     2 29 confirmed negative test result or for a period of at
     2 30 least forty=five calendar days following the
     2 31 completion of the initial confirmatory testing, if the
     2 32 first portion yielded a confirmed positive test
     2 33 result.
     2 34                       DIVISION IV
     2 35           DEPARTMENT OF WORKFORCE DEVELOPMENT
     2 36    Sec.    .  Section 88.2, subsection 1, Code 2007,
     2 37 is amended to read as follows:
     2 38    1.  The labor commissioner, appointed pursuant to
     2 39 section 91.2, and the division of labor services of
     2 40 the department of workforce development created in
     2 41 section 84A.1 shall administer this chapter.  The
     2 42 labor commissioner's primary responsibility in
     2 43 administering this chapter shall be to make workplace
     2 44 safety the predominant concern, ensuring consistent
     2 45 enforcement interpretations and agency policies that
     2 46 support the state's general business climate.
     2 47    Sec.    .  Section 88.16, subsection 1, Code 2007,
     2 48 is amended to read as follows:
     2 49    1.  The commissioner shall conduct directly or by
     2 50 contract, educational programs to provide an adequate
     3  1 supply of qualified personnel to administer this
     3  2 chapter and informational programs on the importance
     3  3 of and proper use of adequate safety and health
     3  4 equipment.  The commissioner shall provide continuous
     3  5 and timely documentation of all training completed by
     3  6 the commissioner and the commissioner's
     3  7 representatives, the dates on which the training was
     3  8 completed, a record of the commissioner's and the
     3  9 commissioner's representatives' inspection experience
     3 10 within the defined sectors of the North American
     3 11 industry classification system, and the dates on which
     3 12 the experience was obtained, and shall make the
     3 13 information documented available upon request.>
     3 14 #4.  Title page, by striking lines 1 and 2 and
     3 15 inserting the following:  <An Act relating to the
     3 16 duties, responsibility, and operations of the
     3 17 department of workforce development, including the
     3 18 state minimum wage law, unemployment compensation
     3 19 benefits, and employee drug testing, and providing an
     3 20 effective date.>
     3 21
     3 22
     3 23                               
     3 24 JEFF ANGELO
     3 25 HF 1.304 82
     3 26 kh/cf/6167

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