MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A; Apportionment and Elections
By: Representatives Bennett, Boyd, Haney, Kinkade, Ladner, Pigott, Rushing, Taylor, Miles
AN ACT TO REQUIRE EACH PERSON ELECTED OR APPOINTED TO A STATE OR LOCAL PUBLIC OFFICE TO SUBMIT TO A DRUG TEST BEFORE THE INDIVIDUAL ASSUMES OFFICE; TO DEFINE CERTAIN TERMS; TO REQUIRE THE INDIVIDUAL TO FILE DOCUMENTATION OF NEGATIVE TEST RESULTS WITH THE STATE AGENCY OR LOCAL GOVERNING AUTHORITY CONNECTED TO THE PUBLIC OFFICE FOR WHICH THE PERSON HAS BEEN SELECTED; TO PROHIBIT ANY PERSON RECEIVING A POSITIVE DRUG TEST RESULT FROM ASSUMING OFFICE UNLESS THE PERSON SUBMITS DOCUMENTATION OF A NEGATIVE RESULT ON A CONFIRMATION TEST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following words and phrases have the meanings ascribed in this subsection unless the context clearly indicates otherwise:
(a) "Confirmation test" means a drug test on a specimen to substantiate the results of a prior drug test, which confirmation test must use an alternate method of equal or greater sensitivity than that used in the prior drug test.
(b) "Drug" means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescription.
(c) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's body fluids.
(d) "Public official" means any person elected or appointed to any legislative, executive or judicial office, whether the office is statewide, district, county, municipal or of any other political subdivision.
(2) (a) Each person elected or appointed on or after July 1, 2014, to serve as a public official in the State of Mississippi shall be required to submit to a drug test before the person assumes the office for which he has been selected. The individual on whom the drug test is administered is responsible for the cost of the drug test; however, the state agency or local governing authority, as the case may be, connected with the office of a public official may elect, in its discretion, to reimburse the person for the drug test costs.
(b) Before taking a drug test, a person elected or appointed to serve as a public official may advise the person administering the test regarding any prescription or over-the-counter medication that the person is taking.
(3) If the results of a drug test taken by a person elected or appointed to serve as a public official are negative, the individual shall file with the state agency or local governing authority, as the case may be, connected with the office of the public official documentation issued by the administrator of the drug test verifying that the individual has taken the drug test and that the results of the test were negative.
(4) Any person elected or appointed to serve as a public official who fails to file the documentation required under subsection (3) of this section may not assume the office to which he has been elected or appointed unless before the date that the individual is scheduled to take office, the person files documentation from the administrator of a confirmation test verifying that the individual has taken a confirmation test and that the results of the confirmation test were negative. The cost of a confirmation test is the responsibility of the individual tested; however, the state agency or local governing authority, as the case may be, connected with the office of a public official may elect, in its discretion, to reimburse the person for the confirmation test costs.
(5) The requirements of this section are in addition to any requirements with which an individual may need to comply if the state agency or local governing authority, as the case may be, connected with the office of the public official has elected to follow the requirements for employers prescribed under Chapter 7, Title 71, Mississippi Code of 1972. However, the result of a drug test or confirmation test required under those statutes may be used to satisfy the documentation requirements under subsections (3) and (4) of this section.
(6) A drug test must be administered with due regard to the privacy and dignity of the person being tested.
(7) The result of a drug test and a confirmation test is a private record, and disclosure to a third party is prohibited. However, documentation filed with a state agency or local governing authority, as the case may be, under subsection (3) or (4) of this section is a public record available for public inspection.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.