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HOUSE BILL NO. 215 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCURMENT. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 6908(a), Title 29 of the Delaware Code, by striking the word "and" as it appears at the end of paragraph (5) thereof, by redesignating paragraph (6) thereof as paragraph (7), and by inserting therein a new paragraph (6) as follows:
"(6) Establish procedures through which all public works contracts, which are paid in whole or in part through public funds, include provisions requiring the contractor, its agents, and employees to implement a random drug testing program. Provisions governing random drug testing shall be incorporated into all public works contracts and the rules governing the administration of such tests by the contractor shall be promulgated by the Division pursuant to this subsection; and"
Section 2. This Act shall apply prospectively to contracts governed by its provisions entered into following its enactment into law. Section 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable. Section 4. Rules promulgated pursuant to this Act shall not require a contractor to disclose drug test results to law enforcement. SYNOPSIS
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This Act requires that any contractor, its agents and employees, performing a contract for professional services, public works, or nonprofessional services for a covered agency, which is paid in whole or in part through public funds shall submit to random drug testing. This Act shall apply prospectively to contracts governed by its provisions entered into following its enactment into law. |
