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F I S C A L I M P A C T R E P O R T

SPONSOR Gutierrez

DATE TYPED 02/21/05 HB 912

SHORT TITLE Prohibit Student Use of Steroids

SB

ANALYST Chabot

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$300.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 843

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AG)

Health Policy Commission (HPC)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Bill 912 appropriates $300 thousand from the general fund to PED for the purpose of ad-

ministrative and testing costs related to random testing for anabolic steroids. The bill amends

Section 22-5-4.3 NMSA on school discipline policies to require school districts to adopt and

maintain a policy prohibiting use of anabolic steroids of students participating in interscholastic

athletics governed by the New Mexico Activities Association (NMAA). Random testing will be

included, results will be confidential and not disclosable to any other district. The results may

only be used to disqualify a student from continued athletic participation after two prior incidents

that included a warning and then a temporary suspension. PED is to promulgate rules to imple-

ment the provisions of the bill including guidelines for random testing.

Significant Issues

The AG raises the following issues:

1.

The bill requires adoption of a policy that prohibits the use of anabolic steroids by all

students but provides for random testing only of students participating in interscholas

House Bill 912 -- Page 2

tic athletics. We question whether that was the intent of the drafter or whether the in

tent was that the policy be limited to application to athletes.

2.

In Board of Education of Ind. School District No. 92 v. Earls, 536 U.S. 822, 122

S.Ct. 2559 (2002), the Supreme Court upheld the constitutionality of random drug

tests of middle and high school students participating in interscholastic athletic activi-

ties. The facts in that case were limited to interscholastic athletics, urine testing, lim-

ited use of test results and access to test results on a need to know basis. This bill

provides for limited use of test results but does not specifically provide for the other

limitations. While it does provide for the department to adopt rules, the failure to

contain such limitations in the text of the bill may render it susceptible to constitu-

tional challenge as an unreasonable search.

HPC reports the National Institute of Drug Abuse estimates in 2003 anabolic steroid use by

young men was 1.8 percent of 8

th

graders, 2.3 percent of 10

th

grades, and 3.2 percent of 12

th

graders. In a survey on boys using steroids, New Mexico ranked 4

th

out of 9 states that have the

highest percentage of boys using steroids (7.2 percent). The average cost of steroid testing is es-

timated at $138.

PED states the confidential clauses are “essential in order to avoid the stigmatization of a student

and to ensure there is no impediment to parents exercising their right of school choice over their

child.”

FISCAL IMPLICATIONS

The appropriation of $300 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall

revert to the general fund. PED estimates its cost at $75.8 thousand of that amount.

TECHNICAL ISSUES

PED assesses the requirement on page 2, lines 11 through 14 requires testing of students partici-

pating in interscholastic athletics governed by NMAA which would include grades 7 through 12.

The department suggests the following amendments:

1.

Page 2, line 11, after “by” insert “high school”.

2.

Page 2, line 12, after “of” insert “high school”.

AG suggests amending the bill to include the limitation contained in SB 843 and articulated by

the Supreme Court.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

There will be no statewide standards governing testing of students for possible steroid use.

POSSIBLE QUESTIONS

1.

Should testing be limited to high school students.

GAC/lg