HB2021 HFA Fluharty, Perdue, Hornbuckle & Pushkin 3-3

            Delegates Fluharty, Perdue, Hornbuckle, Pushkin, Eldridge, Marcum and Rodighiero move to amend the bill on page 2, line 16, following the enacting clause, by inserting the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section designated §4-2A-5a; that said code be amended by adding thereto a new section, designated §5-4-3; and that said code be amended by adding thereto a new section, designated §9-3-6, all to read as follows:

CHAPTER 4. THE LEGISLATURE.

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 state 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 board of public works to be drug free is a reasonable government function.

             (b) Notwithstanding any provisions of this code to the contrary, no member of the legislature may 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^st of each year. Failure to pass or take a drug test pursuant to this section precludes that member from receiving any pay or expense reimbursement for any activity in which he or she would otherwise be authorized to be so paid or reimbursed. Members shall pay the cost for each drug test.

CHAPTER 5. POWERS AND AUTHORITY OF GOVERNOR, ETC.

ARTICLE 4. BOARD OF PUBLIC WORKS.

§5-4-2. Drug testing for members of Board of Public Works.

            “(a) The Legislature finds and declares that members of the state board of public works are

 public figures have a reduced expectation of privacy and that the job responsibilities of elected officials greatly impact public safety. As a result, establishing a requirement for members of the board of public works to be drug free is a reasonable government function.

             (b) Notwithstanding any provisions of this code to the contrary, no member of the board of public works may 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^st of each year. Failure to pass or take a drug test pursuant to this section precludes that member of the board of public works from receiving any pay or expense reimbursement for any activity in which he or she would otherwise be authorized to be so paid or reimbursed. Each board of public works official shall pay the cost for each drug test.”