Bill Text: OH SB267 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To establish a controlled substance testing requirement for members of the General Assembly.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-12-06 - To Government Oversight & Reform [SB267 Detail]
Download: Ohio-2011-SB267-Introduced.html
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Senator Turner
Cosponsors:
Senators Kearney, Schiavoni
| To enact section 101.48 of the Revised Code to | 1 |
| establish a controlled substance testing | 2 |
| requirement for members of the General Assembly. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 101.48 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 101.48. (A) As used in this section: | 6 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 7 |
| section, "controlled substance test failure" means that an | 8 |
| individual is determined by a chemical test to have a | 9 |
| concentration of any of the controlled substances specified in | 10 |
| division (A)(1)(j) of section 4511.19 of the Revised Code, or | 11 |
| metabolites of such a controlled substance, in the individual's | 12 |
| urine that equals or exceeds any of the applicable levels | 13 |
| established in that division for urine. | 14 |
| (b) An individual shall not be determined to have a | 15 |
| controlled substance test failure if the individual obtained the | 16 |
| controlled substance pursuant to a prescription issued by a | 17 |
| licensed health professional authorized to prescribe drugs and the | 18 |
| individual injected, ingested, or inhaled the controlled substance | 19 |
| in accordance with the health professional's directions. | 20 |
| (2) "Licensed health professional authorized to prescribe | 21 |
| drugs" and "prescription" have the meanings defined in section | 22 |
| 4729.01 of the Revised Code. | 23 |
| (B) Beginning with terms of office that commence after the | 24 |
| effective date of this section, once each year, each member of the | 25 |
| general assembly shall be subject to a controlled substance test | 26 |
| to determine whether the member has a controlled substance test | 27 |
| failure. The costs of such testing shall be paid by the member. | 28 |
| The member shall be reimbursed the costs of the testing if the | 29 |
| member's test does not reveal a controlled substance test failure. | 30 |
| (C) Once each calendar quarter on dates selected by mutual | 31 |
| agreement of the clerks of the senate and house of | 32 |
| representatives, approximately twenty-five per cent of the | 33 |
| membership of the general assembly, chosen randomly, shall undergo | 34 |
| a controlled substance test to determine whether a member has a | 35 |
| controlled substance test failure. The test shall be conducted at | 36 |
| a laboratory in this state that is accredited by the national | 37 |
| institute on drug abuse and has been designated as a testing | 38 |
| location by the clerks. | 39 |
| (D) Refusal to submit to a controlled substance test as | 40 |
| authorized under this section is an admission that the member has | 41 |
| a controlled substance test failure. | 42 |
| (E) If a member of the general assembly is determined by a | 43 |
| controlled substance test conducted under this section to have a | 44 |
| controlled substance test failure, the member shall do the | 45 |
| following: | 46 |
| (1) Take an additional controlled substance test every thirty | 47 |
| days until the member no longer has a controlled substance test | 48 |
| failure; | 49 |
| (2) Undergo substance abuse counseling provided by, or | 50 |
| coordinated through, the employee assistance program established | 51 |
| under section 3701.041 of the Revised Code. | 52 |
| Additionally, the member shall be removed from any officer or | 53 |
| chairperson position until the member no longer has a controlled | 54 |
| substance test failure. The member is not entitled to receive | 55 |
| compensation as a member until the member no longer has a | 56 |
| controlled substance test failure. | 57 |
| (F) The special nature of being a legislator requires an | 58 |
| individual to act within the law, and prohibiting the use of | 59 |
| illegal substances is a reasonable requirement for members to be | 60 |
| able to fully carry out their official duties. It is the intent of | 61 |
| the general assembly that this section is an exercise under | 62 |
| Section 6 of Article II, Ohio Constitution, of each house of the | 63 |
| general assembly to judge the qualifications of its members by | 64 |
| doing the following: | 65 |
| (1) Establishing a substance abuse policy for members of the | 66 |
| general assembly; and | 67 |
| (2) Taking disciplinary action against a member who violates | 68 |
| the policy. | 69 |
