Bill Text: MS HB1126 | 2014 | Regular Session | Introduced

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Bill Title: MS Legislature; require all members to be drug tested.

Spectrum: Slight Partisan Bill (Democrat 6-1-1)

Status: (Failed) 2014-02-04 - Died In Committee [HB1126 Detail]

Download: Mississippi-2014-HB1126-Introduced.html

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MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Human Services

By: Representatives Wooten, Burnett, Clark, Cockerham, Anderson, Horan, Jackson, Myers

House Bill 1126

AN ACT TO REQUIRE EACH MEMBER OF THE MISSISSIPPI LEGISLATURE TO SUBMIT TO A DRUG TEST AT THE MEMBER'S EXPENSE; TO PROVIDE THAT IF A MEMBER TESTS POSITIVE FOR THE UNLAWFUL USE OF A DRUG AFTER TAKING A DRUG TEST, THE MEMBER SHALL BE GIVEN A LIST OF APPROVED SUBSTANCE USE DISORDER TREATMENT PROVIDERS THAT ARE AVAILABLE IN THE AREA IN WHICH THE MEMBER RESIDES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The following words and phrases have the meanings ascribed in this subsection unless the context clearly indicates otherwise:

          (a)  "Drug" means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescription.

          (b)  "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's body fluids.

     (2)  (a)  Each member of the Mississippi House of Representatives and each member of the Mississippi Senate shall be required to submit to a drug test at the member's expense during the first month of the member's term of office, or for a member who is elected to fill a vacancy, during the first month of the next session of the Legislature after the member's election.

          (b)  Before taking a drug test, a member of the Legislature may advise the person administering the test regarding any prescription or over-the-counter medication that the member is taking.

          (c)  If a member of the Legislature tests positive for the unlawful use of a drug after taking a drug test, the member shall be given a list of approved substance use disorder treatment providers that are available in the area in which the member resides.

     (3)  A drug test must be administered with due regard to the privacy and dignity of the person being tested.

     (4)  The result of a drug test is a private record, and disclosure to a third party is prohibited.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.