REFERENCE TITLE: elected officials; drug testing

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

HB 2411

Introduced by Representative Stevens, Senators Antenori: Griffin, Shooter

 

AN ACT

 

amending title 38, chapter 1, Arizona Revised Statutes, by adding article 2; relating to elected officials.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 38, chapter 1, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2.  DRUG TESTING OF ELECTED OFFICIALS

START_STATUTE38-121.  Elected officials; drug testing; report of positive test; definition

A.  Before any person who is elected or appointed to an elected office in this state takes the oath of office, the person shall submit a urine sample to the department of health services to test for drugs.  The person submitting the sample shall pay the costs of the drug tests.

B.  The department shall specify procedures for taking samples and testing for drugs that Provide a reasonable degree of dignity to the person submitting the sample and that ensure reliability of the sample.

C.  The department shall report any positive test results to:

1.  The governor, the speaker of the house of representatives and the president of the senate, if the person has been elected or appointed to a state elected office or the legislature.

2.  The appropriate governing board for a person elected or appointed to any other elected office.

D.  For the purposes of this section, "drugs" means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P.L. 91‑513; 84 Stat. 1247; 21 United States Code section 812) or pursuant to title 13, chapter 34 or the metabolite of the substance.END_STATUTE

Sec. 2.  Current elected officials

A.  Any person serving in an elected office in this state on the effective date of this act shall submit a urine sample to the department of health services to test for drugs on or before January 1, 2013.  The person submitting the sample shall pay the costs of the drug tests.

B.  The department of health services shall report the results of the drug tests as prescribed in section 38-121, Arizona Revised Statutes, as added by this act.