130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

S. B. No. 267  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 267


Senator Turner 

Cosponsors: Senators Kearney, Schiavoni 



A BILL
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 following:
(1) Take an additional controlled substance test every thirty days until the member no longer has a controlled substance test failure;
(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 the policy.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites