STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1317	By:	Enns

AS INTRODUCED

An Act relating to higher education; stating legislative intent that certain higher education institutions develop and adopt a drug and alcohol education and prevention program for student-athletes; requiring certain drug testing; requiring an education component; requiring certain automatic penalties; specifying penalties for certain violations; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 821.41 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  It is the intent of the Legislature that each institution of higher education within The Oklahoma State System of Higher Education shall develop and adopt a drug and alcohol education and prevention program for student-athletes involved in any sport which is overseen by the National Collegiate Athletic Association.
B.  Each drug and alcohol education and prevention program adopted by an institution shall include the following components:
1.  Drug testing which shall be in addition to and independent of the drug testing conducted by the National Collegiate Athletic Association.  The drug testing shall test for all classes of drugs banned by the National Collegiate Athletic Association including but not limited to anabolic agents, stimulants, alcohol and beta blockers, masking agents, street drugs, peptide hormones and analogues, antiestrogens and Beta-2 Agonists;
2.  Educating student-athletes to prevent drug and alcohol usage;
3.  Automatic penalties for failing a drug test.  The penalty for the first positive test shall be the loss of eligibility to compete in the sport for one (1) full year and loss of any scholarship benefits awarded to the student by the institution for one (1) full year.  The penalty for the second positive test shall be the permanent loss of eligibility to compete in the sport and the permanent loss of any scholarship benefits awarded to the student by the institution; and
4.  Automatic penalties for being found in the illegal possession of a controlled dangerous substance or alcohol or being charged for the illegal sale, possession, transportation, manufacture, offer for sale, or offer to manufacture a controlled dangerous substance.  The penalty for the first incident shall be the loss of eligibility to compete in the sport for one (1) full year and loss of any scholarship benefits awarded to the student by the institution for one (1) full year.  The penalty for the second incident shall be the permanent loss of eligibility to compete in the sport and the permanent loss of any scholarship benefits awarded to the student by the institution.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-6267	KB	01/09/13