75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2273
 
                         House Bill 2635
 
Sponsored by Representatives KRIEGER, OLSON; Representatives
  BERGER, CAMERON, ESQUIVEL, FREEMAN, GARRARD, GILMAN, HANNA,
  HUFFMAN, JENSON, SPRENGER, THATCHER, WEIDNER, WHISNANT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that certain public officials submit to drug test two
times every calendar year. Specifies consequences of refusing or
failing test.
 
                        A BILL FOR AN ACT
Relating to drug tests for public officials.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 7 of this 2009 Act, '
Schedule I or II controlled substance' means a controlled
substance as defined in ORS 475.005 that has been listed as a
Schedule I or II controlled substance in the schedules published
by the State Board of Pharmacy under ORS 475.055. + }
  SECTION 2.  { + (1) Twice each calendar year, the following
officials shall submit to a drug test designed to detect the
presence of Schedule I or II controlled substances:
  (a) The Governor.
  (b) The Secretary of State.
  (c) The Attorney General.
  (d) The State Treasurer.
  (e) The Superintendent of Public Instruction.
  (f) The Commissioner of the Bureau of Labor and Industries.
  (g) The Chief Justice and the judges of the Supreme Court.
  (h) The Chief Judge and the judges of the Court of Appeals.
  (i) The members of the Legislative Assembly.
  (2) The Oregon State Police shall administer the drug test
required by this section. The Oregon State Police shall establish
the times and places at which the tests are administered.
  (3) Refusal to submit to a drug test as required by this
section is an admission that the public official has taken a
Schedule I or II controlled substance without legal
authorization. + }
  SECTION 3.  { + (1) If a public official submits to a drug test
as required by section 2 of this 2009 Act and the test indicates
that the public official has taken a Schedule I or II controlled
substance, the Oregon State Police shall notify the public
official and give the public official an opportunity to be heard
under section 6 of this 2009 Act. If the public official does not
request a hearing, or if the Oregon State Police determine after
a hearing that the public official has taken a Schedule I or II
controlled substance without legal authorization, the Oregon
State Police shall issue a written warning to the public
official. The written warning is confidential and not subject to
disclosure under ORS 192.410 to 192.505.
  (2) If a warning is issued to a public official under
subsection (1) of this section, the official must participate in
a drug treatment program identified by the Oregon State Police.
  (3) If the public official refuses to participate in the drug
treatment program or fails to satisfactorily complete the
program, the Oregon State Police shall disclose to the public all
information relating to the drug test of the public official. + }
  SECTION 4.  { + (1) A person serving as a public official
listed in section 2 of this 2009 Act is considered to have failed
a drug test for a second time if the Oregon State Police have
issued a warning to the person under section 3 of this 2009 Act
and:
  (a) The person thereafter refuses to submit to a drug test as
required by section 2 of this 2009 Act; or
  (b) The person thereafter submits to a drug test as required by
section 2 of this 2009 Act and the Oregon State Police determine
after opportunity for hearing that the person has taken a
Schedule I or II controlled substance without legal
authorization.
  (2) The Oregon State Police shall disclose to the public all
information relating to a second failed drug test under this
section. + }
  SECTION 5.  { + (1) A person serving as a public official
listed in section 2 of this 2009 Act is considered to have failed
a drug test for a third time if the Oregon State Police have
previously disclosed information to the public relating to a drug
test under section 4 of this 2009 Act and:
  (a) The person thereafter refuses to submit to a drug test as
required by section 2 of this 2009 Act; or
  (b) The person thereafter submits to a drug test as required by
section 2 of this 2009 Act and the Oregon State Police determine
after opportunity for hearing that the person has taken a
Schedule I or II controlled substance without legal
authorization.
  (2) If a person serving as the Attorney General, the
Superintendent of Public Instruction or the Commissioner of the
Bureau of Labor and Industries fails a drug test for a third
time, the person shall immediately be removed from office.
  (3) If a person is serving as any public official listed in
section 2 of this 2009 Act, other than the Attorney General, the
Superintendent of Public Instruction or the Commissioner of the
Bureau of Labor and Industries, and fails a drug test for a third
time, the Oregon State Police shall disclose to the public all
information relating to the third failed drug test under this
section.
  (4) If a person has failed a drug test for a third time and the
person thereafter is a candidate for a public office listed in
section 2 of this 2009 Act, the Secretary of State shall cause to
be inserted in the voters' pamphlet next to the name of the
candidate the following statement: ' ______ (candidate) has
failed a statutorily required drug test for controlled substances
three times.' + }
  SECTION 6.  { + The Oregon State Police shall notify a person
serving as a public official listed in section 2 of this 2009 Act
if a drug test administered by the Oregon State Police under
sections 1 to 7 of this 2009 Act indicates that the person has
taken a Schedule I or II controlled substance. The notice must
inform the person that the person may request a hearing within 30
days after the date of the notice. Hearings under this section
are conducted as contested case hearings under ORS chapter 183.
Hearings under this section are not public and are not subject to
ORS 192.610 to 192.690. + }
  SECTION 7.  { + A person serving as a public official listed in
section 2 of this 2009 Act fails a drug test for the purposes of
sections 1 to 7 of this 2009 Act if the test indicates that the
person has used marijuana, without regard to whether the person
is authorized to engage in the medical use of marijuana under ORS
475.300 to 475.346. + }
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