LC 3.5 Intoxicant Screening Reform Act (Rejected)

[Pyro]

Intoxicant Screening Reform Act

Section 1: Title

This legislation may be cited as the Drug Screenings Reform Act.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As someone in the following medical fields;
      I. As a medical technician
      II. As a hospital worker
           1. Possible termination may only go into effect if the drugs are commonly used for medical
               purposes in the specific occupational and residency area

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or


3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his
or  her  own  expense,  to  rebut  the  results  of  the  initial  screening test.  The employer shall accept and give appropriate consideration to the results of such a screening test.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an   employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

Sponsor: PSOL

The Debating Period has commenced. It shall last no less than 72 hours.

[PSOL]

Modeled after the bill currently debated in Fremont and passed in the Nevada Senate, this bill seeks to provide reasonable job security for those who have intoxicating hobbies that do not interact nor affect work. I believe that, other than the misnaming in section I, the rest of the bill needs no visible change. I am still happy to answer any questions about it.

[Pyro]

Interesting bill. It does need a language edit as indicated by the Chancellor.

I would like to hear more from our Councilors on their perspectives on this prior to putting forward a minor amendment, however.

[PSOL]

Title Correction Amendment

Section 1: Title

This legislation may be cited as the Drug ScreeningsIntoxicant Screening Reform Act.

I am proposing this amendment to affect the stated areas of my bill

[Pyro]

Title Correction Amendment

Section 1: Title

This legislation may be cited as the Intoxicant Screening Reform Act.

Chancellor PSOL, please when putting forward an amendment state something along the lines of "I introduce the following amendment." Otherwise it is not very clear whether you are issuing an amendment or pointing out something in the bill. For instance, you are proposing a new amendment in your post, correct?

[PSOL]

Title Correction Amendment

Section 1: Title

This legislation may be cited as the Intoxicant Screening Reform Act.

Chancellor PSOL, please when putting forward an amendment state something along the lines of "I introduce the following amendment." Otherwise it is not very clear whether you are issuing an amendment or pointing out something in the bill. For instance, you are proposing a new amendment in your post, correct?

Sorry about the confusion, the amendment has been specified as such.

[Pyro]

Amendment L 3:08 by PSOL to LC 3.5 Intoxicant Screening Reform Act

Intoxicant Screening Reform Act

Section 1: Title

This legislation may be cited as the Drug Screenings Reform Act Intoxicant Screening Reform Act.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As someone in the following medical fields;
      I. As a medical technician
      II. As a hospital worker
           1. Possible termination may only go into effect if the drugs are commonly used for medical
               purposes in the specific occupational and residency area

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or


3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his
or  her  own  expense,  to  rebut  the  results  of  the  initial  screening test.  The employer shall accept and give appropriate consideration to the results of such a screening test.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an   employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

Sponsor Feedback: Originator, Friendly
Status: 24 Hours for Objection, Otherwise Added to the Bill

[Pyro]

Without objection, Amendment L 3:08 by PSOL is added to the bill.

[PSOL]

I motion for the move to the final vote on this amendment.

[Pyro]

Councilors, a Final Vote is now OPEN on the Following Legislation

Intoxicant Screening Reform Act

Section 1: Title

This legislation may be cited as the Intoxicant Screening Reform Act.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this region to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As someone in the following medical fields;
      I. As a medical technician
      II. As a hospital worker
           1. Possible termination may only go into effect if the drugs are commonly used for medical
               purposes in the specific occupational and residency area

(c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or


3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an   employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

Please vote AYE, NAY, or Abstain.
The vote shall last for 48 hours or until all Councilors have voted.

[DKrol]

Nay

[PSOL]

AYE

[Pyro]

The the Final Vote on LC 3.5 Intoxicant Screening Reform Act is now closed.

Aye: 1 (PSOL)
Nay: 2 (Thr33, DKrol)
Abstain: 0
Not Voting: 4 (Pyro, NyIndy, Ishan, Wazza)

The Nays have it. The legislation is Defeated.