PRINTER'S NO. 657
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
620
Session of
2017
INTRODUCED BY CRUZ, YOUNGBLOOD, BAKER, KINSEY, MURT, READSHAW,
GABLER, MILLARD, ENGLISH, THOMAS, KAUFFMAN, DEASY, KORTZ,
D. COSTA, GILLEN AND NEILSON, FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2017
AN ACT
Requiring the testing of members of the General Assembly for
illegal drug use.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the General
Assembly Drug Testing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Drug test." A test that involves the collection of a urine
sample for the purpose of determining the presence of a
controlled substance as defined in section 2 of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Illegal drug." A controlled substance as defined in section
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2 of The Controlled Substance, Drug, Device and Cosmetic Act
that has not been legally prescribed to the member by a licensed
physician.
"Illegal drug use." The use of a controlled substance in
violation of The Controlled Substance, Drug, Device and Cosmetic
Act or any other Federal or State law that has not been legally
prescribed to the member by a licensed physician.
"Member." Any of the following:
(1) Elected member of the Senate.
(2) Elected member of the House of Representatives.
Section 3. Member drug testing.
(a) General rule.--All members shall be subject to mandatory
drug testing. Each member shall be tested within three months of
taking the oath of office for an initial term and each
subsequent term of office thereafter.
(b) Requirement.--The Office of the Chief Clerk of the
Senate and the Office of the Chief Clerk of the House of
Representatives shall use a competitive bid process to contract
with a drug testing corporation or company to administer the
provisions of this act. The drug testing policy adopted shall be
consistent with acceptable Federal and State drug testing
standards.
(c) Cost.--The cost of drug testing shall be the
responsibility of the member. Campaign funds may not be used for
the payment of a member's drug test.
Section 4. Ethics investigation.
A member shall be subject to a Senate Committee on Ethics and
Official Conduct investigation under the Rules of the Senate or
a Committee on Ethics of the House of Representatives
investigation under the Rules of the House of Representatives
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if:
(1) The results of the member's drug test are positive
for illegal drug use.
(2) There is any indication of tampering with the drug
test by the member.
(3) The member refused to take a drug test.
Section 5. Public record.
Unless otherwise prohibited by Federal law or the laws of
this Commonwealth, the results of a member's drug test shall be
available to the public under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
Section 6. Effective date.
This act shall take effect in 60 days.
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