EXECUTIVE ORDER MJF 97-33

Drug Testing Task Force


WHEREAS: to curb the use of illegal drugs by public employees, elected officials, beneficiaries of certain public assistance programs, and persons who receive anything of economic value or any funding from the State of Louisiana or any entity thereof, the Louisiana Legislature has enacted laws which provide for the creation of drug testing programs for these persons;

WHEREAS: Act Number 1306 of the 1990 Regular Legislative Session created a drug testing program for public employees, as set forth in R.S. 49:1015, as amended by Act Number 1194 of the 1997 Regular Legislative Session;

WHEREAS: Act Numbers 1303 and 1459 of the 1997 Regular Legislative Session created additional drug testing programs which direct:

  • 1) the Board of Ethics to develop and administer a program of random drug testing of all elected officials, and the commissioner of Administration and the secretary of the Department of Health and Hospitals to provide assistance in the development, design, and implementation of the program;

  • 2) the secretary of the Department of Social Services, in consultation with the secretary of the Department of Health and Hospitals and the commissioner of Administration, to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Block Grant Program; and

  • 3) the commissioner of Administration to establish and administer a program of random drug testing for all persons who receive anything of economic value or receive any funding from the state or any entity thereof; and
  • WHEREAS: it is in the best interest of the citizens of the State of Louisiana that the implementation of these four drug testing programs be accomplished in a consistent, uniform, and cost effective manner;

    NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

    SECTION 1: The Drug Testing Task Force (hereafter "task force") is established within the Executive Department, Office of the Governor.

    SECTION 2: The objectives and duties of the task force shall include, but are not limited to, the following:

  • A. determining the scope and content of the four drug testing programs that are authorized and mandated by legislation;

  • B. identifying and analyzing existing state programs which may be capable of providing support services for a central drug testing program;

  • C. delineating any limitations which the Constitutions of the United States of America and the State of Louisiana or any federal or state laws may have on the four drug testing programs; and

  • D. recommending procedures for the implementation of the four drug testing programs in a consistent, uniform, and cost effective manner.
  • SECTION 3: The task force shall submit a comprehensive written report to the Governor, by November 1, 1997, which addresses the issues set forth in Section 2.

    SECTION 4: The task force shall be composed of at least nine members who shall be appointed and serve at the pleasure of the Governor and who shall be selected as follows:

  • A. the chief of staff, Office of the Governor, or the chief of staff's designee;

  • B. the executive counsel, Office of the Governor, or the executive counsel's designee;

  • C. the commissioner of Administration, or the commissioner's designee;

  • D. the secretary of the Department of Social Services, or the secretary's designee;

  • E. the secretary of the Department of Health and Hospitals, or the secretary's designee;

  • F. the attorney general, or the attorney general's designee;

  • G. the president of the Louisiana Senate, or the president's designee chosen from the membership of the Senate;

  • H. the speaker of the House of Representatives, or the speaker's designee chosen from the House of Representatives; and

  • I. the chair of the Ethics Board, or the chair's designee.
  • SECTION 5: The Governor shall appoint the chair from its membership. All other officers shall be elected by the task force.

    SECTION 6: Support staff for the task force shall be provided by the Division of Administration.

    SECTION 7: Task force members shall not receive compensation, a per diem, or travel expenses from the Office of the Governor or the Division of Administration.

    SECTION 8: All departments, commissions, boards, agencies, and officers of the state, or of any political subdivision thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.

    SECTION 9: The provisions of this Order are effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.

    IN WITNESS WHEREOF, I have set my hand officially and cause to be affixed the Great Seal of the State of Louisiana, at the Capitol, in the City of Baton Rouge, on this 29th day of August, 1997.

    M. J. "Mike" Foster, Jr.
    Governor

    ATTEST BY
    THE GOVERNOR
    Fox McKeithen
    Secretary of State