PRINTER'S NO. 4223
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2706
Session of
2018
INTRODUCED BY GAINEY, NELSON, J. HARRIS, DUNBAR, ENGLISH, HILL-
EVANS, DEASY AND HAGGERTY, OCTOBER 12, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 12, 2018
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, providing for ethics standards and
controlled substance testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 65 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 15
ETHICS STANDARDS AND CONTROLLED SUBSTANCE TESTING
Sec.
1501. Short title of chapter.
1502. Purpose.
1503. Definitions.
1504. Submission to controlled substance testing.
1505. Results of controlled substance testing.
1506. Ethics investigation.
1507. Challenge to results of controlled substance testing.
1508. Referral for services.
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1509. Costs.
1510. Maintenance of records.
1511. Confidentiality.
§ 1501. Short title of chapter.
This chapter shall be known and may be cited as the General
Assembly Drug Testing and Accountability Act.
§ 1502. Purpose.
(a) Declarations.--The General Assembly hereby declares the
following:
(1) Public office, including service as a member of the
General Assembly, is a public trust.
(2) A member of the General Assembly should be held
accountable to the public if the member is using or has used
an illegal controlled substance or a lawful controlled
substance in a manner inconsistent with the normal use of
that controlled substance.
(3) A member of the General Assembly cannot effectively
or appropriately fulfill the public duties of office if the
member is using or has used an illegal controlled substance
or a lawful controlled substance in a manner inconsistent
with the normal use of that controlled substance.
(4) Public confidence in a member of the General
Assembly, and the General Assembly as a whole, can only be
maintained when the member or members adhere to the laws of
this Commonwealth.
(5) If a member of the General Assembly is using or has
used an illegal controlled substance or a lawful controlled
substance in a manner inconsistent with the normal use of
that controlled substance, the member is best served by
recognizing the controlled substance abuse problem, seeking
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help and completing rehabilitation treatment services.
(b) Intent.--It is the intent of the General Assembly that
this chapter promote the following public policy purposes and
objectives:
(1) Promoting openness and transparency regarding the
actions of members of the General Assembly.
(2) Maintaining public confidence in members of the
General Assembly and knowledge that members of the General
Assembly are following the laws of this Commonwealth.
(3) Encouraging members of the General Assembly to be
held accountable for their actions and seek medical and other
professional treatment for controlled substance abuse
problems that impact on their official duties and the public
trust.
§ 1503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Controlled substance." A drug, substance or immediate
precursor included in Schedules I through V of section 4 of the
act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, except that marijuana
shall not be deemed a controlled substance for purposes of this
chapter.
"Controlled substance testing." A urinalysis, blood test or
other scientific study of an individual's body that has been
conclusively found to detect the presence or prior use of an
illegal drug or substance and for which the accuracy has been
accepted in the scientific community.
"Ethics committee." Either of the following:
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(1) The Committee on Ethics and Official Conduct of the
Senate, in the case of a member elected to the Senate.
(2) The Committee on Ethics of the House of
Representatives, in the case of a member elected to the House
of Representatives.
"Industrial hemp." The plant of the genus cannabis and any
part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration (THC) that does not exceed
0.03% on a dry weight basis.
"Marijuana." The parts of the plant of the genus cannabis,
whether growing or not, the seeds thereof, the resin extracted
from any part of the plant and every compound, manufacture,
salt, derivative, mixture or preparation of the plant, its seeds
or resin, including marijuana concentrate. The term does not
include industrial hemp or fiber produced from the stalks, oil
or cake made from the seeds of the plant, sterilized seed of the
plant that is incapable of germination or the weight of another
ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other product.
§ 1504. Submission to controlled substance testing.
(a) Time period.--Each member of the General Assembly shall
submit to controlled substance testing by a drug testing
corporation or company under subsection (b):
(1) Within 60 days following election or reelection to
the General Assembly.
(2) On a random basis at least once during the calendar
year, regardless of whether a reasonable likelihood exists
that the member is using or has used an illegal controlled
substance or a lawful controlled substance in a manner
inconsistent with the normal use of that controlled
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substance, but the controlled substance testing for the
member shall not occur more frequently than once every three
months.
(b) Administration of testing.--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 chapter. The drug testing
policy adopted shall be consistent with acceptable Federal and
State drug testing standards.
(c) Failure or refusal.--If a member of the General Assembly
refuses or fails to submit to controlled substance testing, the
member may not take the oath of office, enter or continue duties
as a member of the General Assembly or receive compensation as a
member until the member submits to controlled substance testing
as required by this chapter.
§ 1505. Results of controlled substance testing.
The drug testing corporation or company that performed the
controlled substance testing under this chapter shall:
(1) Determine whether a member has tested positive for
the presence of a controlled substance in the member's
system.
(2) Forward the results to the member and to the ethics
committee.
§ 1506. Ethics investigation.
A member shall be subject to an investigation by the ethics
committee if:
(1) The drug test comes back positive for the use of an
illegal controlled substance or the use of a lawful
controlled substance in a manner inconsistent with the normal
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use of that controlled substance.
(2) There is any indication that the member tampered
with any aspect of the controlled substance testing.
(3) The member refused to take a drug test.
§ 1507. Challenge to results of controlled substance testing.
Within five business days after receiving notice of failing
the controlled substance testing, a member of the General
Assembly may submit information to the ethics committee,
explaining or challenging the results. If the member's
explanation or challenge of the results is deemed satisfactory
to the ethics committee, the ethics committee shall record that
the member passed the controlled substance testing.
§ 1508. Referral for services.
If a member of the General Assembly fails the substance abuse
testing and has not satisfactorily explained or challenged the
failed testing results, the ethics committee shall assist in
referring the member to the State Employee Assistance Program,
or its successor, to determine whether the member should be
evaluated for treatment options and could benefit from
counseling, outpatient treatment or other substance abuse
rehabilitation services. Unless otherwise covered by the
member's health insurance plan, the member shall bear any
expenses related to referral or treatment services.
§ 1509. Costs.
(a) When member passes testing.--If a member of the General
Assembly passes the controlled substance testing and has tested
negative for the presence of a controlled substance in the
member's system, the member shall not be financially responsible
for the costs related to the testing. If any costs are incurred
and paid by the member, the member shall be reimbursed for those
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costs.
(b) When member fails testing.--The following shall apply:
(1) Subject to paragraph (2), if a member of the General
Assembly fails the controlled substance testing and has
tested positive for the presence of a controlled substance in
the member's system, the member shall bear the costs related
to the testing. Campaign funds shall not be used for the
payment of the testing.
(2) If a member of the General Assembly has
satisfactorily explained or challenged the failed testing
results, paragraph (1) shall not apply and subsection (a)
shall govern as though the member initially passed the
controlled substance testing.
§ 1510. Maintenance of records.
The ethics committee shall maintain controlled substance
testing results and all information regarding explanations and
challenges of failed testing results for at least two years.
§ 1511. Confidentiality.
(a) General rule.--Except as otherwise provided in this
section, all information regarding controlled substance testing,
controlled substance testing results, reports, explanations,
challenges, referrals and treatment services shall remain
confidential and shall not be subject to public inspection.
(b) Release of information by member.--A member of the
General Assembly may release to the public any information under
subsection (a) regarding the member.
(c) Specific circumstances.--The following shall apply:
(1) The first refusal or failure to submit to controlled
substance testing by a member of the General Assembly may not
be disclosed and shall remain confidential.
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(2) The second and each subsequent refusal or failure to
submit to controlled substance testing by a member of the
General Assembly shall not be considered confidential
information.
(3) The first failed controlled substance testing by a
member of the General Assembly may not be disclosed and shall
remain confidential.
(4) The second and each subsequent failed controlled
substance testing by a member of the General Assembly shall
not be considered confidential information.
(d) Penalties.--A person violating the confidentiality
provisions of this section commits a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of not more than $1,000
or to imprisonment for not more than one year, or both.
Section 2. This act shall take effect in 60 days.
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