Senate Study Bill 3023
SENATE FILE
BY (PROPOSED COMMITTEE ON
ECONOMIC GROWTH BILL BY
CO=CHAIRPERSON BRUNKHORST)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to employment law concerning private sector drug
2 testing and unemployment compensation hearings and eligibility
3 for benefits.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5593XK 81
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PAG LIN
1 1 Section 1. Section 96.5, subsection 2, Code 2005, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. aa. Misconduct is deemed to have occurred
1 4 if an individual is unemployed as a result of an act or
1 5 omission of the individual determined to constitute dependent
1 6 adult abuse as defined in section 235B.2.
1 7 Sec. 2. Section 96.6, subsection 3, unnumbered paragraph
1 8 1, Code 2005, is amended to read as follows:
1 9 Unless the appeal is withdrawn, an administrative law
1 10 judge, after affording the parties reasonable opportunity for
1 11 fair hearing, shall affirm or modify the findings of fact and
1 12 decision of the representative. The hearing shall be
1 13 conducted pursuant to the provisions of chapter 17A relating
1 14 to hearings for contested cases. Before the hearing is
1 15 scheduled, the parties shall be afforded the opportunity to
1 16 choose either a telephone hearing or an in=person hearing. A
1 17 request for an in=person hearing by any party to the hearing
1 18 shall be approved unless the in=person hearing would be
1 19 impractical because of the distance between the parties to the
1 20 hearing. A telephone or in=person hearing shall not be
1 21 scheduled before the seventh calendar day after the parties
1 22 receive notice of the hearing. Reasonable requests for the
1 23 postponement of a hearing shall be granted. The parties shall
1 24 be duly notified of the administrative law judge's decision,
1 25 together with the administrative law judge's reasons for the
1 26 decision, which is the final decision of the department,
1 27 unless within fifteen days after the date of notification or
1 28 mailing of the decision, further appeal is initiated pursuant
1 29 to this section.
1 30 Sec. 3. Section 730.5, subsection 1, paragraph b, Code
1 31 Supplement 2005, is amended to read as follows:
1 32 b. "Confirmed positive test result" means, except for
1 33 alcohol testing conducted pursuant to subsection 7, paragraph
1 34 "f", subparagraph (2), the results of a blood, urine, or oral
1 35 fluid test in which the level of controlled substances or
2 1 metabolites in the specimen analyzed meets or exceeds
2 2 nationally accepted standards for determining detectable
2 3 levels of controlled substances as adopted by the federal
2 4 substance abuse and mental health services administration. If
2 5 nationally accepted standards for oral fluid tests have not
2 6 been adopted by the federal substance abuse and mental health
2 7 services administration, the standards for determining
2 8 detectable levels of controlled substances for purposes of
2 9 determining a confirmed positive test result shall be the same
2 10 standard that has been established by the federal food and
2 11 drug administration for the measuring instrument used to
2 12 perform the oral fluid test. In addition, "confirmed positive
2 13 test result" means, for a drug test of a prospective employee,
2 14 the results of a blood, urine, or oral fluid test in which the
2 15 medical review officer determines that the sample tested has
2 16 been altered or diluted.
2 17 EXPLANATION
2 18 This bill provides that persons who lose employment due to
2 19 an act of dependent adult abuse are deemed to have committed
2 20 misconduct and are disqualified from receiving unemployment
2 21 benefits. In addition, the bill provides that an in=person
2 22 hearing on an appeal concerning unemployment benefits will be
2 23 held if any party so requests unless an in=person hearing
2 24 would be impractical for the parties.
2 25 The bill also provides that the result of a drug test of a
2 26 prospective employee shall be considered a confirmed positive
2 27 test result if a medical review officer can determine that the
2 28 sample tested was altered or diluted.
2 29 LSB 5593XK 81
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