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HB 5605

Relating to drug testing of legislators

2026 Regular Session Introduced by Adam Burkhammer and 8 co-sponsors

West Virginia HB 5605 would require drug testing for legislators, detailing who tests, how, frequency, consequences, and privacy protections to promote accountability.

To House Judiciary
#legislature
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Bill Summary · HB 5605

Summary of HB 5605 (2026) – West Virginia

Note: The available bill text appears corrupted. This summary focuses on the information clearly identifiable from the provided metadata (title, sponsor information, and action history) and outlines the bill’s apparent purpose and potential impact based on the title and typical legislative content related to the topic.

1. Purpose and Intent

  • Title indicates focus: “Relating to drug testing of legislators.”
  • Presumed aim: Establish or modify requirements for drug testing of members of the state legislature (House of Delegates and/or Senate) to address substance use concerns and promote accountability and public safety.

2. Key Provisions (Inferred)

Because the exact text is not readable, the following provisions are inferred from the title and typical legislative practice for drug-testing bills. If the final text differs, please consult the official bill PDF for precise language.

  • Scope
    • Applies to state legislators (likely members of the West Virginia Legislature).
  • Drug Testing Requirements
    • Establish mandatory or voluntary drug-testing protocols for legislators.
    • Specify the substances tested (e.g., controlled substances, illegal drugs, or a broad drug panel).
  • Testing Procedures
    • Outline who administers tests (e.g., a state agency, independent contractor, or designated medical facility).
    • Define testing methods (urine, hair, or other validated testing methods).
    • Set confidentiality and chain-of-custody requirements.
  • Frequency and Triggers
    • Determine when tests occur (e.g., periodic random testing, post-incident testing, or upon suspicion).
  • Consequences and Sanctions
    • Define disciplinary actions for positive results or failure to comply (e.g., temporary leave, remediation programs, penalties, or reporting requirements).
  • Privacy and Legal Protections
    • Address privacy protections, consent, and handling of test results.
    • Include protections against defamation or improper disclosure.
  • Funding and Administration
    • Specify funding source and administrative responsibilities.
  • Appeals and Due Process
    • Provide a process for challenges to test results or exemptions.

3. Who/What Would Be Affected

  • Primary: Members of the West Virginia Legislature (house and senate members).
  • Potential secondary effects:
    • Legislative staff and possibly aides if the bill extends to those “under the supervision” of legislators.
    • Agencies involved in administering tests and handling results.

4. Procedural and Timeline Aspects

  • Action History indicates:
    • Filed for introduction and introduced in the House on February 16, 2026.
    • Initial referrals to committees: Judiciary and Finance (likely for policy and fiscal impact considerations).
  • Sponsorship:
    • Co-sponsors include: Evan Hansen, Mike Pushkin, John Williams, Geno Chiarelli, Scot Heckert, Adam Burkhammer, Bill Flanigan, Sean Hornbuckle, Shawn Fluharty.
  • Next steps (typical legislative path):
    • Committee hearings in Judiciary and/or Finance to consider the bill’s policy and fiscal implications.
    • Potential amendments and floor action in the House, followed by transmission to the Senate (if applicable) for parallel consideration.

5. Potential Impact

  • Public accountability: Clearer standards for lawmakers regarding substance use.
  • Workplace integrity: May improve trust in the legislative process.
  • Privacy versus transparency: Balances confidentiality of medical information with public interest.
  • Fiscal considerations: If testing, there will be costs for administration and follow-up measures.

If you can provide a clean, readable version of the actual bill text or a link to the official file, I can deliver a precise, line-by-line summary of all substantive provisions, timelines, and fiscal impacts.

Compiled from official sources — confirm details with the bill’s official record.

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