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S. B. No. 267 As IntroducedAs Introduced
|129th General Assembly|
Senators Kearney, Schiavoni
To enact section 101.48 of the Revised Code to
establish a controlled substance testing
requirement for members of the General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 101.48 of the Revised Code be
enacted to read as follows:
Sec. 101.48. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "controlled substance test failure" means that an
individual is determined by a chemical test to have a
concentration of any of the controlled substances specified in
division (A)(1)(j) of section 4511.19 of the Revised Code, or
metabolites of such a controlled substance, in the individual's
urine that equals or exceeds any of the applicable levels
established in that division for urine.
(b) An individual shall not be determined to have a
controlled substance test failure if the individual obtained the
controlled substance pursuant to a prescription issued by a
licensed health professional authorized to prescribe drugs and the
individual injected, ingested, or inhaled the controlled substance
in accordance with the health professional's directions.
(2) "Licensed health professional authorized to prescribe
drugs" and "prescription" have the meanings defined in section
4729.01 of the Revised Code.
(B) Beginning with terms of office that commence after the
effective date of this section, once each year, each member of the
general assembly shall be subject to a controlled substance test
to determine whether the member has a controlled substance test
failure. The costs of such testing shall be paid by the member.
The member shall be reimbursed the costs of the testing if the
member's test does not reveal a controlled substance test failure.
(C) Once each calendar quarter on dates selected by mutual
agreement of the clerks of the senate and house of
representatives, approximately twenty-five per cent of the
membership of the general assembly, chosen randomly, shall undergo
a controlled substance test to determine whether a member has a
controlled substance test failure. The test shall be conducted at
a laboratory in this state that is accredited by the national
institute on drug abuse and has been designated as a testing
location by the clerks.
(D) Refusal to submit to a controlled substance test as
authorized under this section is an admission that the member has
a controlled substance test failure.
(E) If a member of the general assembly is determined by a
controlled substance test conducted under this section to have a
controlled substance test failure, the member shall do the
(1) Take an additional controlled substance test every thirty
days until the member no longer has a controlled substance test
(2) Undergo substance abuse counseling provided by, or
coordinated through, the employee assistance program established
under section 3701.041 of the Revised Code.
Additionally, the member shall be removed from any officer or
chairperson position until the member no longer has a controlled
substance test failure. The member is not entitled to receive
compensation as a member until the member no longer has a
controlled substance test failure.
(F) The special nature of being a legislator requires an
individual to act within the law, and prohibiting the use of
illegal substances is a reasonable requirement for members to be
able to fully carry out their official duties. It is the intent of
the general assembly that this section is an exercise under
Section 6 of Article II, Ohio Constitution, of each house of the
general assembly to judge the qualifications of its members by
doing the following:
(1) Establishing a substance abuse policy for members of the
general assembly; and
(2) Taking disciplinary action against a member who violates