Bill Text: NJ A3198 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires candidates undergo drug testing prior to being placed on election ballot; provides for random drug testing of State and local holders of elective public office.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-05-15 - Introduced, Referred to Assembly Judiciary Committee [A3198 Detail]
Download: New_Jersey-2014-A3198-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Requires candidates undergo drug testing prior to being placed on election ballot; provides for random drug testing of State and local holders of elective public office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning drug testing for candidates and holders of elective public office and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Each candidate nominated for election under Title 19 of the Revised Statutes shall undergo testing for the usage of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids prior to the name of the candidate being printed on a primary election ballot, or on the ballot for a general, special, or other election if no primary election is held. The testing required pursuant to this section shall be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health, and the costs of the test shall be paid by the candidate undergoing the testing. The candidate shall submit the results to the Secretary of State, who shall make the results public. A positive test result shall not constitute grounds for disqualification of the candidate. The secretary shall forward a positive test result to the Attorney General if the candidate is running for a State elected office, or to the appropriate county prosecutor if the candidate is running for a county, municipal, or school board elected office. The Secretary of State, in consultation with the Commissioner of the Department of Health, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this section.
2. a. A board of education shall adopt a policy, pursuant to rules and regulations adopted by the State Board of Education in consultation with the Commissioner of the Department of Health, for the random testing of the members of the board of education holding elective public office for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids. The testing shall be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health, and the cost shall be paid by the member of the board of education undergoing the testing. The results of each test conducted pursuant to this section shall be made public by the board of education. A positive test result shall not constitute grounds for removal of the board of education member from office. The board of education shall forward a positive test result to the county prosecutor. This section shall apply to a member of a board of education appointed to hold an elective office. The policy shall be in written form and shall be distributed to each member of the board of education upon taking office and at the beginning of each school year. The policy shall specify the manner in which board of education members shall be randomly selected for drug testing.
b. The State Board of Education, in consultation with the Department of Health, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this section.
3. a. A local governing body composed of elected members shall adopt a policy, pursuant to rules and regulations adopted by the Department of Community Affairs in consultation with the Commissioner of the Department of Health, for the random testing of the members of the local governing body holding elective public office for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids. The testing shall be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health, and the cost shall be paid by the member of the local governing body undergoing the testing. The results of each test conducted pursuant to this section shall be made public by the local governing body. A positive test result shall not constitute grounds for removal of the member of the local governing body from office. The local governing body shall forward a positive test result to the county prosecutor. This section shall apply to a member of a local governing body appointed to hold an elective office. The policy shall be in written form and shall be distributed to each member of the local governing body upon taking office and at the beginning of each calendar year. The policy shall specify the manner in which members of the local governing body shall be randomly selected for drug testing.
b. The Department of Community Affairs, in consultation with the Department of Health, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this section.
4. a. The State Ethics Commission shall adopt a policy for the random testing of the Governor and Lieutenant Governor for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids. The testing shall be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health, and the cost shall be paid by the public official undergoing the testing. The results of each test conducted pursuant to this subsection shall be made public by the State Ethics Commission. A positive test result shall not constitute grounds for removal of the State public official from office. The Office of the Governor shall forward a positive test result to the Attorney General.
The policy shall be in written form and shall be distributed to the Governor and Lieutenant Governor upon taking office and at the beginning of each calendar year.
b. The State Ethics Commission in consultation with the Department of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this subsection.
5. The President of the Senate and the Speaker of the General Assembly shall adopt a policy for the random testing of members of the Legislature for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids. The testing shall be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health and the cost shall be paid by the member of the Legislature undergoing the testing. The results of each test conducted pursuant to this section shall be made public by the President of the Senate or Speaker of the General Assembly, as appropriate. A positive test result shall not constitute grounds for removal of the member of the Legislature from office. The President or Speaker shall forward a positive test result to the Attorney General. The policy shall be in written form and shall be distributed to each member of the Legislature upon taking office and at the beginning of each legislative year.
6. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires candidates for public office to undergo testing for the usage of controlled dangerous substances and anabolic steroids prior to being placed on an election ballot, and also requires State and local elected public officials to be subject to such testing at random once in office, including officials appointed to fill a vacancy.
Under the bill, each candidate nominated for election must undergo drug testing prior to the name of the candidate being printed on an election ballot. The drug testing must be conducted by a certified physician or laboratory selected from a list to be developed by the Commissioner of the Department of Health, and the costs of the test must be paid by the candidate undergoing the testing. The candidate is required to submit the results to the Secretary of State, who must make the results public. A positive test result would not constitute grounds for disqualification of the candidate. The secretary is required to forward a positive test result to the Attorney General if the candidate is running for a State elected office, or to the appropriate county prosecutor if the candidate is running for a county, municipal, or school board elected office. The secretary, in consultation with the Commissioner of the Department of Health, is directed to adopt the rules and regulations necessary to implement these requirements applicable to candidates.
With respect to elected public officials, the bill provides that members of a board of education; members of the governing body of a county or municipality; the Governor and the Lieutenant Governor; and members of the Legislature are required to undergo random testing for the usage of controlled dangerous substances and anabolic steroids while in office. The testing must be conducted by a certified physician or laboratory selected from a list developed by the Commissioner of the Department of Health and the cost would be paid by the official undergoing the testing. The results of each test would be made public. A positive test result would not constitute grounds for removal of the official from office. A positive test result would be forwarded to the county prosecutor or the Attorney General, as appropriate. The bill requires the development of rules, regulations, or guidelines, as appropriate, for the implementation of the random drug testing policy by each entity.
