2009 Regular Session SB 126 A

• At the request of: (at the request of Governor Theodore R. Kulongoski for Department of Transportation)
• Regular Sponsors: Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President.
• Bill Title: Relating to testing of commercial drivers for controlled substances.

Catchline/Summary

Directs Department of Transportation to suspend commercial driver license of person when department receives notification that person tested positive for drugs or refused to take drug test other than preemployment test. Allows person to reinstate license if person meets certain qualifications.]

Directs motor carrier to notify department when employee who holds commercial driver license tests positive for drugs or refuses to take drug test other than preemployment test.]

Directs motor carrier to provide to department name of consortium if motor carrier belongs to consortium for purpose of providing drug tests.]

Exempts department and motor carrier from civil liability for any damage resulting from specified actions relating to drug test.]

Allows motor carrier to notify Department of Transportation when employee who holds commercial driver license tests positive for drugs. Requires motor carrier to notify department, within specified period of time, when employee who holds license refuses to take drug test. Creates exception.

Creates notice and hearing procedures for employees who test positive for drugs or refuse to take test. Requires administrative law judge, if judge makes certain determinations, to order positive test result or refusal to take test to be entered into employment driving record of employee.

• Fiscal Impact: Fiscal Impact Issued
• Revenue Impact: No Revenue Impact
• Current Location: In Senate Committee
• Current Committee: Joint Committee On Ways and Means
• Current Subcommittee: Joint Committee On Ways and Means Subcommittee On Transportation and Economic Development