CHAPTER 283

FORMERLY

HOUSE BILL NO. 119

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

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 mandatory drug testing program for all employees or agents working on the job site in non-clerical positions. Provisions governing mandatory 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 Director pursuant to this subsection; and”

Section 2. This Act will 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. Rules promulgated pursuant to this Act shall require that any contractor, agent or employee who fails to pass a mandatory drug test shall not be permitted to work on any public works contract job sites until 30 days after passing the drug test.

Approved June 15,2006