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Drug Testing of Candidates, Legislators or Elected Officials:  Examples of Bills and Laws.
                             
(as of September 2015)
2015

Colorado     House Bill12-1046

Illinois
House Bill 3922— Amends the Election Code; requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator; amends the Public Aid Code; provides that the Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families.

 Indiana House Bill 1510--[failed], Drug Testing for Legislators.  Requires the legislative council to establish and administer a program to test members of the General Assembly for the use of controlled substances.

 Missouri House Bill 802-- Requires General Assembly members to be subject to drug testing within 60 calendar days of the start of the legislative session or within 60 calendar days of being sworn in after election in a special.

 Ohio    S. B. No. 212

 Pennsylvania House Bill 1546--Amends the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code; provides for qualifications for elected State office.

 Texas Senate Bill 19— relating to the ethics of public officers and related requirements; among other changes, bill adds a section relating to drug testing for public officials. S.B.No.19 SB 1378

 Texas Senate Bill 1378—relating to a drug testing requirement for a person elected to public elective office

 Wisconsin Assembly Bill 191-- Requires drug testing and treatment for eligibility for certain work experience programs; requires the Department of Health Services to request a waiver to screen and, if indicated, test and provide treatment to FoodShare employment and training participants for illegal use of a controlled substance; amendment for drug testing for Governor

Wisconsin Assembly Bill 192-- Requires certain unemployment insurance claimants to submit to drug tests; relates to eligibility for unemployment insurance benefits following a drug test; grants rule-making authority; makes an appropriation, amendment for drug testing for Governor

2014

Florida House Bill 1435—[failed], relates to drug testing of public officers; designates act as Drug-Free Public Officers Act; requires certain public officers to undergo drug testing; provides procedures for drug testing & challenging results of drug tests; provides that Commission on Ethics shall review & investigate positive drug tests & refer public officers with positive test results to employee assistance or drug rehabilitation programs; requires public officer who refuses to undergo drug testing to resign from office.

New Jersey General Assembly Bill 3198—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

2013

Alabama Senate Bill 440—proposes a constitutional amendment requiring legislators to be tested if there is reasonable suspicion the person may be using controlled substances. 

Illinois House Bill 17—requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator.

Kansas Senate Bill 149—[enacted], includes a provision for drug testing legislators (see Section 5 on page 18) http://www.kslegislature.org/li/b2013_14/measures/documents/sb149_enrolled.pdf

Pennsylvania House Bill 1991—[failed], Amends the Pennsylvania Election Code; provides for qualifications for elected State office.

Puerto Rico House Bill 3212-- Amends Act 4 of 1977 to provide that no person may serve as an aspirant to a candidate until it has been subjected to a test detecting use of controlled substances by hair sample by the Election Commission and that any outcome shall be communicated to the candidate and political party to which such candidate seeks to represent in the election process.

Texas Senate Joint Resolution 50—proposes a constitutional amendment mandating the legislature to require candidates for public elective office in this state to undergo drug screening. 

2012

Arizona House Bill 2411—[failed], Relates to elected officials; relates to drug testing.

Colorado House Bill 12-1046—requires persons applying for assistance through the Colorado Works program to take and pass a drug test prior to receiving assistance. Under the bill, the Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, and members of the General Assembly are also required to take a drug test each year at their own expenses; does not specify the consequences if an elected official fails or refuses to take a drug test.

 2011

Puerto Rico House Bill 3212-- Amends Act 4 of 1977 to provide that no person may serve as an aspirant to a candidate until it has been subjected to a test detecting use of controlled substances by hair sample by the Election Commission and that any outcome shall be communicated to the candidate and political party to which such candidate seeks to represent in the election process.

 Tennessee Senate Bill 3474—[failed], relates to Controlled Substances; requires drug testing of elected officials; requests Tennessee supreme court to require drug testing of judges

 Tennessee House Bill 2432—[failed], relates to Controlled Substances; requires drug testing of elected officials; requests Tennessee supreme court to require drug testing of judges

 2009

Illinois House Bill 4452—Amends the Election Code and the Illinois Public Aid Code. Requires substance abuse testing as a condition for filing nomination papers for the office of State Representative or State Senator. Requires the Department of Human Services and the Department of Healthcare and Family Services to implement random substance abuse testing programs for applicants for assistance under the Temporary Assistance for Needy Families (TANF) program and for medical assistance, respectively. Under the Illinois Public Aid Code, provides that an individual who tests positive must agree to and complete a substance abuse treatment plan within 60 days after being notified of the positive retest by the Department of Human Services or the Department of Healthcare and Family Services. Provides that if an individual fails to complete a substance abuse treatment plan or tests positive for substance abuse following completion of a substance abuse treatment plan, the individual is barred from eligibility for assistance for a period of one year following the date of the individual's application for assistance. Provides that an individual's ineligibility for assistance does not affect the eligibility of any other member of the individual's family who is included in the application for assistance. Provides that nursing home residents are exempt from the substance abuse testing requirement.

 Mississippi House Bill 268—[failed], Relates to public officials and employees; provides for drug testing requirements

 2008

South Carolina Senate Bill 853—Candidates for Elected Office Drug Testing Act

 2007

Arizona Senate Bill 1066—A person is not eligible for membership in the legislature until after the person has taken a drug screening test that measures the presence of unlawful or controlled substances. A candidate for the legislature shall take the test and shall permit the public release of the results at the time of filing a nominating petition, a petition for nomination other than by primary or a nomination paper for write-in candidate. The candidate shall have the test performed by a drug testing provider that performs drug testing for any agency of this state or a political subdivision of this state as determined by the secretary of state.

 Arizona Senate Concurrent Resolution 1005—Amends constitution: qualifications of legislators. A person is not eligible for membership in the legislature until after the person has taken a drug screening test that measures the presence of unlawful or controlled substances. A candidate shall take the test and shall permit the public release of the results at the time of filing a petition of candidacy as required by law. The candidate shall have the test performed by an entity that performs drug testing for this state or a political subdivision of this state.

 New Mexico Senate Bill 36—[failed], relates to elected officials; enacts the Elected Officials Drug Testing Act; establishes a voluntary drug testing program for all elected officials in New Mexico; makes an appropriation

 2006

Louisiana Senate Bill 274—[failed], constitutional amendment to require the judiciary commission to develop and implement a program of random drug testing for elected judges.

2005

Hawaii House Bill 1095—[failed], requires elected state officials to submit to random and post-election substance abuse tests. Makes refusal to submit to, or failure to undergo, a substance abuse test and refusal or failure to provide written consent to publicly release the results of a substance abuse test, a government record. Implements a new program of drug testing for public safety-sensitive positions. Requires that prospective employees for safety-sensitive positions be subject to substance abuse testing.

New York Assembly Bill 4478—Requires candidates running for political office in this state to submit to a drug test prior to election day; provides that results shall be made known at least two weeks prior to election day

New Mexico Senate Bill 20—[failed], relates to an elected official drug testing act

Pennsylvania House Bill 1474—Candidate drug testing

2004

Pennsylvania House Bill 2811—providing for candidate drug testing

2003

Louisiana Senate Bill 687 –[enacted], repeals provision requiring random drug testing of elected officials.

Mississippi House Bill 501—[failed], Relates to Drug testing; requires for all elected officials

New York Assembly Bill 3282Requires candidates running for political office in this state to submit to a drug test prior to election day

2001

New York Assembly Bill 5061—requires candidates running for political office in this state to submit to a drug test prior to election day; provides that results shall be made known at least two weeks prior to election day.