SENATE CONCURRENT RESOLUTION NO. 26

(By Senator Sypolt)

Requesting the Joint Committee on Government and Finance to study the need, benefits and costs of a drug safety program that includes drug testing prior to hiring, transferring or promoting and random testing of public school employees, public employees, elected officials and recipients of public assistance.

    Whereas, The Legislature recognizes that the safety issues that face our state are constantly changing; and

    Whereas, The Legislature recognizes the safety of our state should be a priority of the state; and

    Whereas, The Legislature recognizes that the citizens of West Virginia need to have confidence in their elected officials and need to set an example; and

    Whereas, The Legislature recognizes that it is good public policy to assure the public that no one receiving state moneys, either by qualifying for public assistance or receiving a paycheck is involved with drug use; and

    Whereas, Recognizing these needs, the Legislature finds it prudent and proper to study the need for a drug safety program that includes drug testing of all individuals prior to hiring, transferring or promoting school employees and public employees, as well as elected officials and those receiving public assistance; and

    Whereas, The study should address prohibiting those individuals from manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance; and

    Whereas, The study should address employees who personally use or who are designated to administer a drug authorized by and administered in accordance with a prescription from a health professional are not themselves violating the program; and

    Whereas, The study should address prior to hiring, promoting or transferring an individual into a public employment position, before an elected official takes office or a person receives public assistance, whether the individual should be required to submit to a urinalysis test for the purpose of detecting illegal use of drugs; and

    Whereas, The study should address a reasonable process to reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable; and

    Whereas, The study should address what appropriate measures should be taken to protect confidentiality throughout the testing process and in the handling of test results; and

    Whereas, The study should address how to restrict access to drug testing results on a need-to-know basis to those persons in positions; and

    Whereas, The study should address whether each county board of education, political subdivision, agency or department should be responsible for the cost of all testing required under the program; and

    Whereas, The study should address types of disciplinary actions for those found in violation of the program; and

    Whereas, The study should address establishing a random drug testing program for all individuals employed in a school or public agency, elected officials and individuals receiving public assistance; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need, benefits and costs of a drug safety program that includes drug testing prior to hiring, transferring or promoting and random testing of public school employees, public employees, elected officials and recipients of public assistance; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.