WEST virginia Legislature
2017 regular session
By
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to the Committee on the Judiciary then Finance.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§4-2A-5a, relating to drug testing of legislators.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new section,
designated §4-2A-5a, to read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF
THE LEGISLATURE.
§4-2A-5a. Drug testing of legislators.
(a) The Legislature
finds and declares that members of the Legislature, as public figures, have a
reduced expectation of privacy and that the job responsibilities of legislators
greatly impact public safety. As a result, establishing a requirement for
members of the Legislature to be drug free is a reasonable government function.
(b) Notwithstanding any
provisions of this code to the contrary, a member of the Legislature may not
receive any pay or expense reimbursement pursuant to this article, until he or
she successfully passes a drug test for all known illegal drugs and any legal
drugs in which he or she does not have a prescription, showing that he or she
does not illegally take drugs. The test shall be conducted annually by December
31. Failure to pass or take a drug test
pursuant to this section precludes that legislator from receiving any pay or
expense reimbursement for any legislative session or activity in which he or
she would otherwise be authorized to be paid or reimbursed for pursuant to this
article. Each legislator shall pay the cost his or her drug test.
NOTE: The purpose of this bill is
to require legislators to annually pass a drug test in order to receive any pay
or expense reimbursement.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.