PRINTER'S NO. 192
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
222
Session of
2019
INTRODUCED BY CRUZ, YOUNGBLOOD, READSHAW, KINSEY, KORTZ AND
HILL-EVANS, JANUARY 28, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2019
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." An examination or analysis of a biologic
specimen, including urine, blood, breath, hair, fluid, saliva or
sweat, to detect the presence or absence of an illegal drug or
metabolites. The term is also known as a drug screen.
"Illegal drug." 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, that has
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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:
(1) At a minimum, within three months of taking the oath
of office for an initial term and each subsequent term of
office thereafter.
(2) On a random basis regardless of whether a reasonable
likelihood exists of illegal drug use, no more frequently
than every three months, but at least annually.
(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 and findings.
(a) Investigation.--A member shall be subject to an
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investigation by the Committee on Ethics and Official Conduct of
the Senate under the Rules of the Senate or the Committee on
Ethics of the House of Representatives under the Rules of the
House of Representatives 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.
(b) A member shall be subject to the findings of each ethics
investigation and any penalties as adopted through the General
Rules of the Senate or the General Rules of the House of
Representatives, including referral for services and expulsion.
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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