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LRB-5115/1
MIM:cdc
2019 - 2020 LEGISLATURE
January 24, 2020 - Introduced by Senators Smith and Larson, cosponsored by
Representatives Sortwell, Bowen, Anderson, Brostoff, Emerson, Spreitzer
and Stubbs. Referred to Committee on Labor and Regulatory Reform.
SB702,1,2 1An Act to create 103.157 of the statutes; relating to: employer liability for not
2drug testing employees and prospective employees.
Analysis by the Legislative Reference Bureau
This bill, subject to certain exceptions, limits the liability of an employer that
does not require 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 a controlled substance analog to THC or a
synthetic cannabinoid in his or her system (drug testing) as a condition of
employment.
The bill 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, order, or other requirement or condition 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; 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; or 6) any employer
requirement that an employee be a licensed private security person and carry a
firearm in the course of employment.
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:
SB702,1 1Section 1. 103.157 of the statutes is created to read:
SB702,2,3 2103.157 Employer nonliability for not testing for marijuana or
3synthetic cannabinoids; exceptions. (1)
Definitions. In this section:
SB702,2,44 (a) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
SB702,2,105 (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.
SB702,2,1111 (c) “Synthetic cannabinoid" means a substance included under s. 961.14 (4) (tb).
SB702,2,1212 (d) “Tetrahydrocannabinol" means a substance included under s. 961.14 (4) (t).
SB702,2,17 13(2) Employer liability. Except as provided in sub. (3), no employer may be held
14liable for not requiring an employee or prospective employee to submit to testing for
15the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled
16substance analog of a tetrahydrocannabinol or synthetic cannabinoid in his or her
17system as a condition of employment.
SB702,3,3 18(3) Exceptions. Subsection (2) does not apply to an employer who fails to test
19for the presence of any tetrahydrocannabinol, synthetic cannabinoid, or controlled

1substance analog of a tetrahydrocannabinol or synthetic cannabinoid in the system
2of an employee or prospective employee if the employee or prospective employee is
3required to subject to drug testing under any of the following:
SB702,3,84 (a) Any regulation promulgated by the federal department of transportation
5that requires testing of an employee or prospective employee in accordance with 49
6CFR 40
or any rule promulgated by the department of transportation of this state
7adopting such a regulation for purposes of enforcing the requirements of that
8regulation with respect to intrastate commerce.
SB702,3,129 (b) Any contract entered into between the federal government and an employer
10or any grant of financial assistance from the federal government to an employer that
11requires drug testing of employees and prospective employees as a condition of
12receiving the contract or grant.
SB702,3,1513 (c) Any federal statute, regulation, order, or other requirement or condition
14that requires drug testing of employees and prospective employees for purposes of
15safety or security.
SB702,3,1816 (d) A substance abuse prevention program under s. 103.503 or under a
17collective bargaining agreement between an employer and a labor organization
18representing employees and prospective employees of the employer.
SB702,3,2119 (e) Rules promulgated by the law enforcement standards board requiring drug
20testing of prospective law enforcement officers, tribal law enforcement officers, jail
21officers, and secure detention officers.
SB702,3,2422 (f) Any employer requirement that an employee be a licensed private security
23person under s. 440.26 (1m) and that the employee carry a firearm in the course of
24his or her employment.
SB702,3,2525 (End)
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