SENATE BILL 843
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
William E. Sharer
AN ACT
RELATING TO ATHLETICS; PROVIDING FOR A STATEWIDE POLICY PROHIBITING THE USE OF ANABOLIC STEROIDS BY HIGH SCHOOL STUDENTS ENGAGED IN INTERSCHOLASTIC ACTIVITIES; PROHIBITING PROFESSIONAL BOXERS AND WRESTLERS IN PROFESSIONAL CONTESTS FROM USING STEROIDS; PROVIDING FOR RANDOM TESTING; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986, Chapter 33, Section 9, as amended) is amended to read:
"22-5-4.3. SCHOOL DISCIPLINE POLICIES.--
A. Local school boards shall establish student discipline policies and shall file them with the department [of education]. The local school board shall involve parents, school personnel and students in the development of these policies, and public hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school.
B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include corporal punishment, in-school suspension, school service, suspension or expulsion.
C. Commencing with the 2005-2006 school year, each school district shall adopt and maintain a policy that prohibits the use of anabolic steroids by high school students and provides for the random testing for anabolic steroids of high school students participating in interscholastic athletics governed by the New Mexico activities association. The results of such testing shall be kept confidential, separate from a student's educational record and nontransferable and not disclosable to any other school district. The results may only be used to disqualify a student from continued participation in interscholastic athletics after two prior incidents in which the student was first warned and then suspended temporarily from participation in interscholastic athletics governed by the New Mexico activities association after testing positive for anabolic steroid use. The department shall promulgate rules to implement the provisions of this subsection, including establishing guidelines addressing random testing by school districts.
[C.] D. An individual school within a school district may establish a school discipline policy, provided that parents, school personnel and students are involved in its development and a public hearing is held in the school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school board's school district discipline policy, it shall submit its policy to the local school board for approval.
[D.] E. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of [his] the employee's efforts to enforce any part of the policy."
Section 2. Section 60-2A-9 NMSA 1978 (being Laws 1980, Chapter 90, Section 9) is amended to read:
"60-2A-9. LICENSES TO CONDUCT PROFESSIONAL CONTESTS.--
A. The commission may issue licenses to conduct, hold or give a professional contest to any promoter under such terms and in accordance with such rules as the commission may adopt, which rules:
(1) shall prohibit professional boxers or professional wrestlers in professional contests from using anabolic steroids; and
(2) shall require promoters to develop policies or practices for randomly testing for the use of anabolic steroids.
B. Any application for [such] a license shall be in writing and shall correctly show the promoter. The application shall be accompanied by the annual fee prescribed by law.
C. Before any license is granted to a promoter, the promoter must file a bond in an amount fixed by the commission but not less than two thousand dollars ($2,000) with good and sufficient surety and conditioned for the faithful performance by the promoter of the provisions of the Professional Athletic Competition Act."
Section 3. APPROPRIATION.--Three hundred thousand dollars ($300,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2006 to pay for administrative and testing costs related to the random testing for anabolic steroids by high school students engaged in interscholastic athletics governed by the New Mexico activities association. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.
Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.