SP0664
LD 1669
Session - 126th Maine Legislature
S "A" to C "A", Filing Number S-485, Sponsored by Haskell
LR 2558
Item 5
Bill Tracking, Additional Documents Chamber Status

Amend the amendment by striking out everything after the title and before the summary and inserting the following:

Amend the bill by striking out the title and substituting the following:

‘Resolve, To Establish a Task Force To Review Employee Drug Testing’

Amend the bill by striking out everything after the title and before the summary and inserting the following:

Sec. 1. Task force to study employee substance abuse testing laws and procedures. Resolved: That the Commissioner of Labor shall convene a task force, referred to in this resolve as "the task force," to examine the current laws and procedures governing substance abuse testing of employees; and be it further

Sec. 2. Membership. Resolved: That the membership of the task force consists of the following members:

1. The President of the Senate shall appoint:

A. One representative from a statewide business organization, such as the Maine State Chamber of Commerce or the Manufacturers Association of Maine;
B. One representative of organized labor;
C. One representative from a business that conducts drug testing pursuant to an employee drug testing policy; and
D. One medical professional working in the field of substance abuse prevention and treatment;

2. The Speaker of the House of Representatives shall appoint:

A. One representative from the Maine Hospital Association;
B. One representative from an organization concerned with employee privacy rights and civil liberties;
C. One human resources professional or a representative of a human resources organization in this State; and
D. One representative from a medical marijuana organization;

3. The Commissioner of Labor or the commissioner's designee; and

4. The Commissioner of Health and Human Services or the commissioner's designee; and be it further

Sec. 3. Chairs. Resolved: That the Commissioner of Labor and the Commissioner of Health and Human Services, or the commissioners' designees, shall serve as the chairs of the task force; and be it further

Sec. 4. Appointments; convening of task force. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the task force. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the task force to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the task force shall examine the current laws and procedures governing the methods of testing conducted by employers designed to take and analyze body fluids or materials from employees for the purpose of detecting the presence of substances of abuse including, but not limited to, drugs, as defined in the Maine Revised Statutes, Title 32, section 13702-A, subsection 11, and alcohol. Based on its examination of drug testing laws, the task force shall recommend methods of improving the methods of testing to detect the presence of substances of abuse in employees; and be it further

Sec. 6. Report. Resolved: That, no later than February 1, 2015, the Commissioner of Labor shall submit a report that includes the findings and recommendations of the task force, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over labor matters. The joint standing committee may report out a bill to the First Regular Session of the 127th Legislature based on the findings of the task force; and be it further

Sec. 7. Outside funding. Resolved: That the Commissioner of Labor and the Commissioner of Health and Human Services may seek funding contributions to fully fund the costs of the study. All funding is subject to approval by the Legislative Council in accordance with its policies. If sufficient contributions to fund the study have not been received within 30 days after the effective date of this resolve, no meetings are authorized and no expenses of any kind may be incurred or reimbursed.

summary

This amendment strikes the bill and the committee amendment and replaces them with a resolve creating a task force to study employee drug testing laws and procedures. The Commissioner of Labor must report the findings and recommendations of the task force to the joint standing committee of the Legislature having jurisdiction over labor matters, which may submit a bill to the First Regular Session of the 127th Legislature.


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