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LRB-4042/1
KRP:ahe
2017 - 2018 LEGISLATURE
March 7, 2018 - Introduced by Representatives Bowen, Sargent, Spreitzer,
Sinicki, Anderson, Brostoff, Subeck and Young. Referred to Committee on
Labor.
AB1005,1,5 1An Act to create 103.155 of the statutes; relating to: prohibiting employers
2from testing employees and prospective employees for the presence of
3tetrahydrocannabinols, synthetic cannabinoids, or controlled substance
4analogs of tetrahydrocannabinols or synthetic cannabinoids as a condition of
5employment.
Analysis by the Legislative Reference Bureau
This bill, subject to certain exceptions, prohibits an employer, including the
state, from requiring an employee or prospective employee to submit to a test for the
presence of any tetrahydrocannabinol (THC), which is the active ingredient in
marijuana, synthetic cannabinoid, or controlled substance analog to THC or a
synthetic cannabinoid in his or her system (drug testing) as a condition of
employment. The bill, subject to certain exceptions, provides that any agreement
between an employer and an employee or prospective employee offering employment
or any pay or benefit to an employee or prospective employee in return for the
employee or prospective employee submitting to drug testing is prohibited.
The bill, however, does not apply to the drug testing of an employee or
prospective employee who is subject to drug testing under 1) any regulation
promulgated by the federal Department of Transportation that requires drug testing
of an employee or prospective employee or any rule promulgated by the Department
of Transportation of this state adopting such a regulation for purposes of enforcing
the requirements of that regulation with respect to intrastate commerce; 2) any

contract entered into between the federal government and an employer or any grant
of financial assistance from the federal government to an employer that requires
drug testing of employees and prospective employees as a condition of receiving the
contract or grant; 3) any federal statute, regulation, or order that requires drug
testing of employees and prospective employees for purposes of safety or security; 4)
any substance abuse prevention program under a collective bargaining agreement
or under the current law that requires such programs for public works and public
utility projects; or 5) rules promulgated by the Law Enforcement Standards Board
requiring drug testing of prospective law enforcement officers, tribal law
enforcement officers, jail officers, and secure detention officers.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1005,1 1Section 1. 103.155 of the statutes is created to read:
AB1005,2,3 2103.155 Testing for marijuana or synthetic cannabinoids prohibited.
3(1)
Definitions. In this section:
AB1005,2,44 (a) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
AB1005,2,105 (b) “Employer" means any person engaging in any activity, enterprise, or
6business employing at least one individual. “Employer" includes the state, its
7political subdivisions, and any office, department, independent agency, authority,
8institution, association, society, or other body in state or local government created or
9authorized to be created by the constitution or any law, including the legislature and
10the courts.
AB1005,2,1111 (c) “Synthetic cannabinoid" means a substance included under s. 961.14 (4) (tb).
AB1005,2,1212 (d) “Tetrahydrocannabinol" means a substance included under s. 961.14 (4) (t).
AB1005,3,2 13(2) Testing prohibited. (a) Except as provided in sub. (3), no employer or agent
14of an employer may directly or indirectly solicit or require an employee or prospective
15employee to submit to testing for the presence of any tetrahydrocannabinol,

1synthetic cannabinoid, or controlled substance analog of a tetrahydrocannabinol or
2synthetic cannabinoid in his or her system as a condition of employment.
AB1005,3,83 (b) Except as provided in sub. (3), any agreement between an employer or agent
4of an employer and an employee or prospective employee offering employment or any
5pay or benefit to an employee or prospective employee in return for the employee or
6prospective employee submitting to testing for the presence of any
7tetrahydrocannabinol, synthetic cannabinoid, or controlled substance analog of a
8tetrahydrocannabinol or synthetic cannabinoid in his or her system is prohibited.
AB1005,3,12 9(3) Exceptions. Subsection (2) does not apply to the testing for the presence
10of any tetrahydrocannabinol, synthetic cannabinoid, or controlled substance analog
11of a tetrahydrocannabinol or synthetic cannabinoid in the system of an employee or
12prospective employee who is subject to drug testing under any of the following:
AB1005,3,1713 (a) Any regulation promulgated by the federal department of transportation
14that requires testing of an employee or prospective employee in accordance with 49
15CFR 40
or any rule promulgated by the department of transportation of this state
16adopting such a regulation for purposes of enforcing the requirements of that
17regulation with respect to intrastate commerce.
AB1005,3,2118 (b) Any contract entered into between the federal government and an employer
19or any grant of financial assistance from the federal government to an employer that
20requires drug testing of employees and prospective employees as a condition of
21receiving the contract or grant.
AB1005,3,2322 (c) Any federal statute, regulation, or order that requires drug testing of
23employees and prospective employees for purposes of safety or security.
AB1005,4,3
1(d) A substance abuse prevention program under s. 103.503 or under a
2collective bargaining agreement between an employer and a labor organization
3representing employees and prospective employees of the employer.
AB1005,4,64 (e) Rules promulgated by the law enforcement standards board requiring drug
5testing of prospective law enforcement officers, tribal law enforcement officers, jail
6officers, and secure detention officers.
AB1005,4,77 (End)
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