45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO PUBLIC OFFICIALS; ENACTING THE PUBLIC OFFICIAL DRUG TEST ACT; PROVIDING FOR DRUG TESTS FOR CERTAIN PUBLIC OFFICIALS; 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 "Public Official Drug Test Act".

Section 2. DEFINITIONS.--As used in the Public Official Drug Test Act:

A. "department" means the department of health;

B. "drug" means marijuana, cocaine, opiates, phencyclidine and amphetamines; a metabolite of any of those drugs; or any nonprescription substance containing those drugs; and

C. "public official" means the governor, the lieutenant governor, the secretary of state, the attorney general, members of the legislature and candidates for any of those offices.

Section 3. MANDATORY DRUG TESTING--DISCLOSURE OF RESULTS--APPEAL.--

A. Once during each regular session of the legislature and once during July or August of each even-numbered year, each public official shall submit to a drug test administered by the department or by an independent laboratory under the direction of the department. At the discretion of the public official, the tests may be conducted at the department, or at the home or place of employment of the public official.

B. One copy of the results of the drug test shall be forwarded to the public official and one copy shall be kept by the department as a public record.

C. Within thirty days of being advised of a positive result, a public official may appeal the result to the district court for the county of Santa Fe. After reviewing the evidence, including the chain of custody of the sample and any proffered medical history or explanation, the court may:

(1) issue an opinion as to the reliability of the test;

(2) order a retest of any remaining portion of the sample; or

(3) order that the public official submit to another test.

Section 4. TEST REFUSAL OR ALTERATION OF SAMPLE--FINE.--

A. A public official shall not refuse to submit to a test required by Section 3 of the Public Official Drug Test Act, shall not alter a sample and shall not take any other action intended to defraud or confuse the results of a test required by that act.

B. If a public official violates the provisions of Subsection A of this section, the department of health may fine the public official in an amount not greater than one hundred dollars ($100) for each violation.

Section 5. APPROPRIATION.--Thirty thousand dollars ($30,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2002 to carry out the provisions of the Public Official Drug Test Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.