SENATE BILL 36

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO ELECTED OFFICIALS; ENACTING THE ELECTED OFFICIALS DRUG TESTING ACT; ESTABLISHING A VOLUNTARY DRUG TESTING PROGRAM FOR ALL ELECTED OFFICIALS IN NEW MEXICO; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Elected Officials Drug Testing Act".

     Section 2. VOLUNTARY DRUG TESTING PROGRAM--PROCEDURES.--

          A. All elected officials of the state, including officers of federal and local governments, shall be randomly selected by the secretary of state to participate in a voluntary drug testing program. Each elected official shall be selected at least once annually.

          B. Upon being selected for participation, the elected official shall be notified of the official's selection and shall be provided a list of laboratories that have been designated to perform drug testing. The official may report to a designated testing laboratory within forty-eight hours of notification or decline to participate in the program. The cost of each drug test shall be paid by the secretary of state.

          C. An elected official who does not report to a testing laboratory or who declines to participate in the program shall be requested to submit a written explanation to the secretary of state within forty-eight hours of notification.

          D. All test results shall be returned to the secretary of state upon completion. The test results and any written explanations shall be published on the secretary of state's web site. An official who receives a positive test result shall be notified of the result by the secretary of state prior to publication. The official shall be given seven days from the day the notification is mailed to prepare a written explanation of the test result.

     Section 3. SECRETARY OF STATE--POWERS AND DUTIES.--

          A. The secretary of state may promulgate rules to carry out the provisions of the Elected Officials Drug Testing Act.

          B. The secretary of state shall:

                (1) randomly select elected officials from the New Mexico congressional delegation, state government, counties and municipalities for testing on an annual basis and mail written notification to those selected;

                (2) designate laboratories located across the state to perform drug testing; and

                (3) publish the names of randomly selected officials, a list of designated drug testing laboratories and their locations, all test results and any written explanations by selected officials on the secretary's web site.

     Section 4. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the secretary of state for expenditure in fiscal year 2008 to pay for drug testing of elected officials and for the operating expenses associated with the Elected Officials Drug Testing Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2008.

- 3 -