SENATE BILL NO. 1127


   May 12, 1998, Introduced by Senators BERRYMAN and GAST and 
        referred to the Committee on Government Operations.



        A bill to drug test certain state employees and officials;

   and to prescribe the powers and duties of certain state employees

   and officials.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Controlled substance" means that term as defined in

 3    section 7104 of the public health code, 1978 PA 368, MCL

 4    333.7104.

 5         (b) "Department head" means the executive in charge of each

 6    principal department including, but not limited to, the governor,

 7    lieutenant governor, secretary of state, and attorney general.

 8    If a board or commission is in charge of a principal department,

 9    the department head means all the members of the board or

10    commission.




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 1         (c) "Drug test" means the taking and analysis of a hair

 2    sample for the purpose of inferring the presence in the sample of

 3    trace elements of a controlled substance.

 4         (d) "Legislator" means a member of the Michigan

 5    legislature.

 6         Sec. 3.  (1) Beginning January 1, 1999, and every 2 years

 7    thereafter, each legislator and department head shall submit to a

 8    drug test conducted by an independent laboratory under contract

 9    with this state.

10         (2) The drug tests shall be conducted in January of every

11    odd numbered year.  The independent laboratory shall schedule

12    convenient times for legislators and department heads to be

13    tested.

14         Sec. 5.  The results of the drug tests shall be forwarded to

15    the following:

16         (a) For members of the senate, to the senate majority leader

17    and the senate minority leader.

18         (b) For members of the house of representatives, to the

19    speaker of the house of representatives and the minority leader

20    of the house of representatives.

21         (c) For department heads, to the governor and the adminis-

22    trative board created in 1921 PA 2, MCL 17.1 to 17.3.

23         Sec. 7.  After the results of the drug tests are forwarded

24    under section 5, the results of the drug tests are available for

25    disclosure under the freedom of information act, 1976 PA 442, MCL

26    15.231 to 15.246.





   06298'98          Final page.                            JLB