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COMMITTEE REPORT
March 12, 2008
S. 1070
Introduced by Senators Peeler, Ryberg, Knotts, Hawkins, Ford and Vaughn
S. Printed 3/12/08--S.
Read the first time February 5, 2008.
To whom was referred a Joint Resolution (S. 1070) proposing an amendment to Article VI of the Constitution of South Carolina, 1895, by adding Section 10 so as to require drug testing for a candidate for a popularly-elected, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein the following:
/ PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG AND I.Q. TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED, APPOINTED, OR JUDICIAL OFFICE IN THIS STATE.
Whereas, the Tenth Amendment to the United States Constitution allows the states to establish qualifications for candidates seeking state office; and
Whereas, the State of South Carolina has a demonstrated problem of drug use and abuse by a state official that has lead to a real, as opposed to a symbolic, special need to demonstrate to the citizens of the State that their officials will be fit to serve free from the influence of unlawful drugs; and
Whereas, the state official indicted for unlawful drug use was the State Treasurer, an officer entrusted with the responsibility for overseeing public finances in the State; and
Whereas, the significance of the State Treasurer's position in handling the state's finances, as well as serving on the State Budget and Control Board, has directed public concern to the issue of whether its officials in positions of trust can in fact be trusted in making the decisions necessary to keep the State fiscally sound; and
Whereas, in the past, resulting from the ramifications from Operation Lost Trust, a federal investigation of state officials in the 1990s that involved allegations of corruption and unlawful drug use, the General Assembly acted swiftly to institute reforms that led to some of the strictest government ethics legislation in the nation; and
Whereas, Operation Lost Trust and other investigations have shown the difficulty of prosecuting individuals in public office because they are interconnected with the prosecuting and judicial authorities that must consider the allegations; and
Whereas, the State has experienced significant disruption in the process of government from a statewide elected official being indicted for use of unlawful drugs, as well as the cost of conducting a special session to replace the official following his resignation; and
Whereas, due to the significant disruption of governmental processes, the public confidence in all statewide elected, appointed, and judicial officers has been seriously and detrimentally undermined to the extent that the General Assembly must provide for stricter qualifications to restore the faith of the state's citizens in their public officials' abilities to handle matters of public trust; and
Whereas, the imposition of a candidate drug test to qualify to serve in a state office does not diminish personal privacy for a symbol's sake, but to address an actual problem, as the General Assembly did in response to Operation Lost Trust; and
Whereas, through this joint resolution, the General Assembly seeks to restore public confidence and deter persons seeking to become candidates for any elected, appointed, or judicial office in the State from engaging in unlawful use of drugs, which is inconsistent with the highest standards of service and public trust that persons popularly-elected, appointed, or selected to serve in office in South Carolina must exemplify. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 10. (A) A person must not be popularly elected to an office in this State or its political subdivisions, appointed to an office by the Governor with or without the advice and consent of the Senate, or screened for or elected to a judicial office unless, at the time he files for or seeks appointment to the office, he has complied with testing for unlawful drugs and intelligence quotient (I.Q.) as prescribed by law by the General Assembly.
(B) A candidate for elected, appointed, or judicial office who either has not complied with or has a positive result from testing for unlawful drugs as prescribed by law by the General Assembly is prohibited from being a candidate for the office sought and his name must not be printed on the ballot or considered as a candidate for office. A candidate for elected, appointed, or judicial office who either has not complied with testing for I.Q. as prescribed by law by the General Assembly or who has received an I.Q. test score of 79 or less, indicating at best a borderline deficiency, is prohibited from being a candidate for the office sought and his name must not be printed on the ballot or considered as a candidate for office.
(C) The General Assembly shall prescribe by law for the drug testing and I.Q. testing programs to comply with this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State be amended by adding Section 10 so as to prohibit a person who offers for a popularly-elected, appointed, or judicial office in this State from being a candidate unless he complies with and successfully passes a drug test for unlawful drugs and complies with and receives an I.Q. test score greater than 79 in testing programs as prescribed by law by the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
The State Election Commission indicates there will be no impact on the General Fund of the State or on federal and/or other funds. While there is a cost associated with printing a referendum ballot, the funding for statewide general elections is sufficient to cover this cost.
Approved By:
Harry Bell
Office of State Budget
PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 10. (A) A person may not be popularly elected to an office in this State or its political subdivisions unless he has been tested for illegal drugs at the time he files for office.
(B) A candidate for elected office who has not had a drug test or who tests positive is prohibited from being a candidate for the office sought and his name many not be printed on the ballot.
(C) The General Assembly shall prescribe by law for the drug testing program to comply with this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State be amended by adding Section 10 so as to prohibit a person who offers for a popularly-elected office in this State from being a candidate unless he has successfully passed a drug test for illegal drugs?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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