Law enforcement officers; entitled to certain follow-up drug testing before loss of certification.
What changed between versions
Officers with a positive urinalysis are now placed on administrative leave without pay instead of with pay, meaning they lose income during the two-day contest period and the additional five days to obtain a hair sample test.
The right to follow-up testing before adverse action was narrowed: originally it applied before termination or suspension without pay, but now it applies only before termination. This means an employer can suspend an officer without pay without first offering the more reliable hair sample test.
A new back-pay provision requires that if a hair sample test proves the urinalysis was a false positive, the officer must receive back pay from the date of suspension, compensating for the unpaid leave period.
The prohibition on paying salary or providing public funds to unqualified officers was changed from an exception tied to Section 45-6-16 (which covered the suspension period) to a narrower exception only if the person is 'lawfully reinstated,' potentially cutting off funding during any interim period.
Senator McMahan was added as a co-sponsor alongside Senator Sparks.
