2024 regular session

Introduced

House Bill 5088

By Delegates Vance, Foggin, Martin, Heckert, Longanacre, Hite, Dillon, and Westfall

[Introduced January 25, 2024; Referred to the Committee on Education then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-17; to amend said code by adding thereto a new section, designated §18-2-44; to amend said code by adding thereto a new section, designated §18-5-52; and to amend said code by adding thereto a new section, designated §29-6-29, all relating to mandatory drug testing for all classes of employees of county commissions, the state of West Virginia, State Board of Education, and in K through 12 schools.

Be it enacted by the Legislature of West Virginia:

Chapter 7. county commissions and officers.

ARTICLE 1. County commissions generally.

§7-1-17. Mandatory drug testing of all classes of employees.

(a) Notwithstanding any other provision of this code to the contrary, beginning on July 1, 2024, all classes of personnel hired for employment by county commissions are subject to random drug testing in the manner prescribed in §21-3E-1 et seq. of this code.

(b) Each county commission shall adopt rules to implement this section. The rules shall include: (1) That after being offered employment, the employee shall pass a drug test before beginning employment; and (2) ten percent of all employees are subject to random drug testing each year.

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-44. Mandatory drug testing of all classes of employees.

(a) Notwithstanding any other provision of this code to the contrary, beginning with the school year 2024-2025, all classes of personnel and teachers hired for employment with the State Board of Education are subject to random drug testing in the manner prescribed in §21-3E-1 et seq. of this code.

(b) The State Board of Education shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement this section. The rules shall include: (1) That after being offered employment, the employee shall pass a drug test before beginning employment; and (2) ten percent of all employees and volunteers (such as volunteer coaches) are subject to random drug testing each year.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-52. Mandatory drug testing of all classes of employees.

(a) Notwithstanding any other provision of this code to the contrary, beginning with the school year 2024-2025, all classes of personnel and teachers hired for employment in K through 12 are subject to random drug testing in the manner prescribed in §21-3E-1 et seq. of this code.

(b) The State Board of Education shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement this section. The rules shall include: (1) That after being offered employment, the employee shall pass a drug test before beginning employment; and (2) ten percent of all employees and volunteers (such as volunteer coaches) are subject to random drug testing each year.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 6. CIVIL SERVICE SYSTEM.

§29-6-29. Mandatory drug testing of all classes of employees.

(a) Notwithstanding any other provision of this code to the contrary, beginning on July 1, 2024, all classes of personnel hired for employment with the state of West Virginia are subject to random drug testing in the manner prescribed in §21-3E-1 et seq. of this code.

(b) The Director of Personnel shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement this section. The rules shall include: (1) That after being offered employment, the employee shall pass a drug test before beginning employment; and (2) ten percent of all employees are subject to random drug testing each year.

NOTE: The purpose of this bill is to require mandatory drug testing for all classes of employees of county commissions, the state of West Virginia, State Board of Education, and in K through 12 schools.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.