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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1012 By: Jett
AS INTRODUCED
An Act relating to school employees; directing
certain school district board of educatio n policy
regarding drug testing to include certain provision;
exempting certain dismissal of certain employee from
certain due process provisions; providing certain
exception; providing for codification; providing a n
effective date; and declaring a n emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-149.4 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. If a school district board of education has adopted a policy
for drug testing of school employees for controlled substances that
are included in Schedule I of the Uniform Controlled Dangerou s
Substances Act, the policy sha ll include a provision requiring the
dismissal of an employee who tests positive on a single drug test.
B. The dismissal of an employee pursuant to this section shall
be exempt from the due process procedures provided by Se ction 6-
101.20 et. seq of Title 70 of the Oklahoma Statutes.
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C. The provisions of subsection A of this section shall not
apply to a positive test for mari juana if the employee is a patient
licensed by the Oklahoma Medical Marijuana Authority.
SECTION 2. This act shall become ef fective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from a nd after its passage and approval.
59-1-1670 EB 1/19/2023 12:24:03 PM