1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 1012 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to school employees; directing | | certain school district board of education policy | 8| regarding drug testing to include certain provision; | | exempting certain dismissal of certain employee from | 9| certain due process provisions; providing certain | | exception; providing for codification; providing an | 10| effective date; and declaring an emergency. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 5-149.4 of Title 70, unless | | | 16|there is created a duplication in numbering, reads as follows: | | | 17| A. If a school district board of education has adopted a policy | | | 18|for drug testing of school employees for controlled substances that | | | 19|are included in Schedule I of the Uniform Controlled Dangerous | | | 20|Substances Act, the policy shall include a provision requiring the | | | 21|dismissal of an employee who tests positive on a single drug test. | | | 22| B. The dismissal of an employee pursuant to this section shall | | | 23|be exempt from the due process procedures provided by Section | | | 24|6-101.20 et. seq of Title 70 of the Oklahoma Statutes. | | | Req. No. 1670 Page 1 ___________________________________________________________________________
1| C. The provisions of subsection A of this section shall not | | | 2|apply to a positive test for marijuana if the employee is a patient | | | 3|licensed by the Oklahoma Medical Marijuana Authority. | | | 4| SECTION 2. This act shall become effective July 1, 2023. | | | 5| SECTION 3. It being immediately necessary for the preservation | | | 6|of the public peace, health, or safety, an emergency is hereby | | | 7|declared to exist, by reason whereof this act shall take effect and | | | 8|be in full force from and after its passage and approval. | | | 9| | | | 10| 59-1-1670 EB 1/19/2023 4:06:43 PM | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1670 Page 2