2012 Regular Session / Doc. ID: XXXXX
Amend printed copy of HB 26
On page 7 after line 7 by inserting the following:
"SECTION 2. A NEW SECTION OF KRS CHAPTER 6 IS CREATED TO READ AS FOLLOWS:
(1)It is the intent of the members of the General Assembly to lead by example and through their example demonstrate the importance of ensuring a drug-free community. Therefore, the provisions of this section express the members' full commitment to living drug-free lives. It is the intent of the members of the General Assembly to be subject to the same drug testing requirements to which Kentucky residents may be subjected. This section also expresses and supports the beliefs of the members of the General Assembly that the government plays a vital role in ensuring that persons receiving benefits from the Commonwealth are not using illegal drugs.
(2)As used in this section, "illegal drug" includes any Schedule I controlled substance or any other controlled substance as defined in KRS Chapter 218A that persons are prohibited from using, but shall not include any controlled substance when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law.
(3)All persons elected to serve as members of the General Assembly shall be subject to mandatory testing for evidence of use of illegal drugs. Each member shall be tested within three (3) months of taking the oath of office for his or her initial term and each subsequent term of office thereafter.
(4)On or after January 1, 2013, the General Assembly shall institute a drug testing program for members of the General Assembly. The Legislative Research Commission shall be authorized to contract with a state agency or private drug testing company for purposes of carrying out the requirements of this section. The General Assembly's program for testing for the use of illegal drugs shall be consistent with acceptable drug testing standards for the screening of each member.
(5)A member of the General Assembly who tests positive for the use of an illegal drug shall be subject to removal from office. A member who tests positive for use of an illegal drug and disputes the findings of the test shall be entitled to a hearing before an administrative hearing officer in accordance with KRS Chapter 13B.
(6)The cost of any testing shall be the responsibility of the member. Campaign funds shall not be used for the payment of a member's drug test.
(7)The Senate and the House of Representatives by simple majority vote shall adopt rules consistent with the requirements of this section for the implementation and maintenance of a drug testing program. The rules shall specify:
(a)Which illegal drugs shall be the subject of testing;
(b)Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing;
(c)Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process;
(d)The identify of those persons entitled to the results of those tests and methods for ensuring that only authorized persons are given access to those results;
(e)A list of laboratories qualified to conduct established drug tests; and
(f)Procedures for members of the General Assembly, prior to the collection of body fluid specimens for this testing, to provide information regarding use of any drug pursuant to a medical prescription or medical dispensing or as otherwise authorized by law which may affect the results of such a test.".
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