Youngstown Daily Legal News

Lawmaker drug test bill is back

TIFFANY L. PARKS
Special to the Legal News
Published: November 8, 2013

Sen. Nina Turner has expanded and reintroduced a bill into the legislature that calls for each member of the General Assembly to submit to an annual controlled substance test.

“As elected representatives of Ohio’s citizens who participate in the crafting of policies that affect 11.5 million people, it is only appropriate that my colleagues and I be held to the highest of standards,” Turner said.

The Cleveland Democrat originally introduced the proposal as Senate Bill 267 in the last legislature. It was joined by a companion bill sponsored by Reps. Robert Hagan and Kenny Yuko and had one committee hearing before stalling.

As with the original bill, SB 212 was introduced as a response to a measure that would carve out drug testing for Ohio Works First recipients. That proposal, Senate Bill 182, landed in the General Assembly in September and is being championed by Sen. Tim Schaffer, R-Lancaster.

“As members of the General Assembly, we have a great deal of responsibility. Elected officials should be held to same level of accountability as a single mother receiving help to get back on her feet,” Turner said. “If we want to protect taxpayer investments, then what we ask of our citizens shouldn’t be different from what we ask from ourselves.”

The proposed legislation states that public officials would have to submit to an annual random drug test in order to receive their pay.

“Beginning with terms of office that commence after the effective date of this (bill), once each year, each member of the General Assembly shall be subject to a controlled substance assessment to determine whether there is reasonable cause to suspect the member has a chemical dependency,” SB 212 states.

The costs of the tests would be paid by the legislators being tested. Individuals would be reimbursed if they test negative for controlled substances.

If an elected official tests positive for drug use, he or she automatically would be enrolled in the state’s Emergency Assistance Program.

The bill would provide an exception for lawmakers who obtain a controlled substance through a prescription issued by a licensed health professional if the individual injected, ingested or inhaled the substance in accordance with the health professional’s directions.

SB 212 states that a lawmaker’s refusal to submit to drug testing would result in the forfeiture of the individual’s pay.

The proposal has been expanded from its original version to state that drug assessments would be conducted by a qualified individual selected by mutual agreement of the clerks of the Senate and House.

The revised measure goes on to state that “if pursuant to an assessment there is reasonable cause to suspect that a member has a chemical dependency, the member shall submit to a controlled substance test to determine whether the member has a controlled substance test failure.”

SB 212 defines “chemical dependency” as the use of a drug of abuse to the extent that the user becomes physically or psychologically dependent on the drug or endangers the user’s health, safety or welfare or that of others.

“With this legislation, we can help ensure that members of the General Assembly are responsibly representing Ohio’s taxpayers and get legislators the assistance they need if necessary,” Turner said.

In a previous statement, Turner said if some lawmakers are concerned about the use of public dollars going toward drug usage, they should back efforts to drug test elected officials.

“Our lowest annual salaries in the Senate are nearly four times what one Ohio family of three would receive in maximum public assistance over 36 months,” she said. “With a paycheck this big, we owe a big debt to our constituents to remain drug-free.”

Turner went on to say that from “extensive research at receptions and fundraisers, it is glaringly apparent that our demographic has a proclivity for substance abuse that simply must not be supported by taxpayer dollars.”

“Our salaries are provided by hard-working Ohioans who trust us to make important decisions, including decisions about what we put into our bodies,” she said.

“If we are elected to make the laws, why shouldn’t we be held to the highest standard not to break them? That is why a mandatory drug test for all state legislators should become law.”

The proposed legislation states that 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.”

SB 212 has been assigned to the Senate State Government Oversight and Reform Committee. SB 182 has been referred to the Senate Medicaid, Health and Human Services Committee.

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