SB6 HFA Hornbuckle 3-8

Delegate Hornbuckle moves to amend the SB6 HJUD AM 3-4 amendment as follows:

On page 1, lines 1 and 2, by striking out the enacting section, and inserting in lieu thereof, the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §9-3-6 and §9-3-7, all to read as follows:”


On page 6, line 136, following the period, by inserting a new section 7, to read as follows:

“9-3-7. Application for and granting assistance for funding of private projects.

                (a) As used in this section:


(1) “Applicant” means a person who is applying for a funding from the state for a private project funded by state dollars, and if the applicant is a corporation or other business entity that is an association, corporation or partnership, then the chief operating officers or if none exists, principals of the entity are subject to the provisions of this section;

(2) “Drug test” means a drug test which tests urine for Amphetamines (amphetamine and methamphetamine) Cocaine, Marijuana, Opiates (codeine and morphine), Phencyclidine, Barbiturates, Benzodiazepines, Methadone, Propoxyphene and Expanded Opiates (oxycodone, hydromorphone, hydrocodone, oxymorphone); and

(3) “Secretary” means the secretary of the department or his or her designee.

(b)  Each applicant for any private construction project or other activity which is receiving ten percent or more of its funding by a grant, loan, bond issuance, tax increment financing or other state sponsored program or initiative to finance the project, that upon completion will be privately owned by the applicant or other private person or entity, the applicant shall submit verification of a drug test as a precondition for receipt of funding.  The Secretary shall promulgate legislative rules pursuant to article three, article twenty-nine-a of the code, necessary to effectuate the provisions of this section.  A positive result for any drug test results in the applicant being ineligible to receive any government funding.”