S-0524

AN ACT Relating to drug testing for state elected officials, candidates for elective office, and state employees; adding a new chapter to Title 43 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature recognizes that state elected officials and state employees occupy positions of trust with the citizens of this state. Because state elected officials and state employees occupy sensitive positions involving protection of the public health, safety, and general welfare, the public is entitled to have confidence that state elected officials and state employees are exercising sound judgment at all times. The legislature is also aware of the extensive use of illegal drugs in contemporary culture, and the devastating effects that result at every level of society. Given the pervasiveness of the drug problem which impairs decision making and sound judgment, and the need for positive role models, our state elected officials and state employees must hold themselves to the highest possible standards with respect to the drug issue. The legislature finds that drug use by state employees is contributing to the escalating costs of health care and liability insurance and that a program of screening job applicants before hire will reduce insurance costs.

Therefore, it is imperative that all state elected officials, candidates for state elected office, and state employees maintain the utmost confidence of the citizenry by complying with a drug-testing program.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Final drug test results" means either the results of: (a) The initial drug test if no additional test is taken; or (b) a second or subsequent drug test taken to eliminate any false positive results.

(2) "Illegal drugs" means controlled substances referenced under chapter 69.50 RCW and legend drugs referenced under chapter 69.41 RCW, unless such substance or drug is used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.

(3) "State elected office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, justice of the state supreme court, state senator, and state representative.

(4) "State elected official" means the person succeeding, appointed, or elected to a state elected office.

(5) "State employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or higher education personnel under chapter 28B.16 RCW.

NEW SECTION. Sec. 3. (1) Within twenty days after a person files a declaration of candidacy for any state elected office, the person shall submit to a drug test designed to identify the presence of illegal drugs in the person's body. The drug test shall be conducted pursuant to rules developed by the public disclosure commission, in consultation with the department of health, the department of social and health services, and the secretary of state. Rules developed by the public disclosure commission shall insure that samples are taken and testing is conducted under circumstances that maintain the integrity of the sample without unnecessarily interfering with the individual rights of the person being tested, including the right to be free from unnecessary embarrassment. The rules shall also allow a person who receives a positive test result indicating the presence of illegal drugs to take an additional drug test designed to eliminate false positive test results.

(2) The costs for the drug test shall be paid by the person being tested.

(3) The results of any drug test performed under this chapter shall be given to the person as soon as available. Final drug test results shall be made available to the public by the public disclosure commission as soon as the period for retesting is completed.

(4) False positive test results and any results revealing a medical problem or disease shall be considered confidential and may not be released to the public.

(5) The public disclosure commission, in consultation with the secretary of state, shall adopt rules specifying special procedures for complying with the testing requirements of this section for candidates who file for state elected office during special and emergency filing periods.

NEW SECTION. Sec. 4. Every state elected official who has submitted to a drug test under this chapter as a candidate shall thereafter submit to a drug test using the procedures specified in this chapter once every calendar year during his or her term of office as provided by rules adopted by the public disclosure commission.

NEW SECTION. Sec. 5. All persons newly employed as a full-time state employee on or after the effective date of this act are employed conditioned on successfully passing a drug test designed to identify the presence of illegal drugs in the person's body. The drug test shall be conducted pursuant to rules developed by the department of personnel. The department of personnel may use the rules developed by the public disclosure commission under section 3 of this act. Rules developed by the department of personnel shall insure that samples are taken and testing is conducted under circumstances that maintain the integrity of the sample without unnecessarily interfering with the individual rights of the person being tested, including the right to be free from unnecessary embarrassment. The rules shall also allow a person who receives a positive test result indicating the presence of illegal drugs to take an additional drug test designed to eliminate false positive test results. The costs for the drug test shall be paid by the person being tested. If the drug test indicates the consumption of illegal drugs, the person must be suspended or terminated and may not be reinstated or rehired until the person has successfully completed a drug rehabilitation program approved by the department of social and health services.

This section does not apply to: State employees who are transferring between state agencies; employees of local governments; persons employed by the state under a personal services contract with a duration of less than one year; and judges.

NEW SECTION. Sec. 6. The director of any state agency may require any state employee under his or her direction, as a condition of continued employment, to submit to a drug test if the director of the agency has probable cause to believe that the state employee is using illegal drugs and that such use is adversely affecting the state employee's job performance. If the drug test indicates the consumption of illegal drugs, the person must be suspended or terminated and may not be reinstated or rehired until the person has successfully completed a drug rehabilitation program approved by the department of social and health services.

The department of personnel shall develop rules to provide procedures to assist agencies in the determination that probable cause exists and to insure that drug testing is conducted under procedures developed under section 5 of this act.

NEW SECTION. Sec. 7. (1) A person who intentionally contaminates a drug test sample in a manner that is likely to prevent appropriate analysis of the sample is guilty of a misdemeanor.

(2) A person, other than the person who took the test, who knowingly releases confidential test results is guilty of a misdemeanor.

(3) The name of any person who refuses to submit to the testing required by this section shall be stricken from the ballot.

(4) No penalty, civil or criminal, shall be assigned to the person based on a positive drug test under this chapter.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 9. This act shall take effect January 1, 1992.