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Introduced Version House Bill 3146 History

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HB3146 intr
H. B. 3146


          (By Delegates Ellington, Rowan, Shott, Sobonya, Arvon, Ireland, Gearheart, Overington and Faircloth)

          [Introduced
March 25, 2013 ; referred to the
          Committee on the Judiciary then Finance.]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to implementing drug testing for recipients of federal-state and state assistance.
Be it enacted by the Legislature of West Virginia:
    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-3-6, to read as follows:
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-6. Drug testing for recipients of federal-state and state __ assistance.
_(a) The commissioner of the Division of Human Services shall deny, or otherwise determine ineligible, any mother who is an applicant for or recipient of federal-state or state assistance in the form of temporary assistance for needy families cash benefits, if she delivers an infant addicted to certain controlled substances, not legally prescribed,
including amphetamines, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, and any tricyclic antidepressants Provided: That if the mother agrees to undergo a course of substance abuse education and treatment as prescribed in article fifteen, chapter sixty-two of this code, or the substantial equivalent, she shall be found to be eligible to apply for the benefits, subject to the imposition of further mandatory drug testing not inconsistent with the provisions of this code.
_____(b) Other members of a household that includes a person who has been declared ineligible for temporary assistance for needy families assistance shall, if otherwise eligible, continue to receive temporary assistance for needy families benefits.
_____(c) No dependent child's eligibility for TANF benefits may be affected by a parent's failure to pass a drug test.
_____(d) An appropriate protective payee shall be designated to receive benefits on behalf of the child.
_____(e) The mother may choose to designate another individual to receive benefits for her minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the designation, another individual, approved by the division, may be so designated. The designated individual must also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she is ineligible to receive benefits on behalf of the child.
_____(f)
Reapplication following ineligibility.-- (1) Any applicant for, or recipient of federal-state or state assistance in the form of temporary assistance for needy families cash benefits, who is determined ineligible to receive benefits by the commissioner following the delivery of an infant addicted to certain controlled substances, not legally prescribed,
including amphetamines, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, and any tricyclic antidepressants , is ineligible to receive, and prohibited from reapplying for, benefits for a period of two years from the date that commissioner determined the applicant or recipient to be ineligible. Any applicant or recipient determined to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for federal-state or state assistance in the form of temporary assistance for needy families cash benefits; and
_____(2) Any individual who is forbidden to receive benefits under this section may reapply for benefits no sooner than six months after the commissioner declares he or she is ineligible for benefits if the individual can document the successful completion of a drug treatment program as specified in this section.
An individual who has met the requirements of this subsection and reapplies for benefits must also pass an initial drug test. The cost of any drug testing and drug treatment provided under this section shall be the responsibility of the individual being tested and receiving treatment. An individual may reapply for benefits pursuant to the exception contained in this subsection only once.
_____(g) The commissioner is responsible for ensuring the confidentiality of any and all drug test results administered as part of the program. Drug test results shall only be used for the purpose of denying, or determining eligibility for continued receipt of, federal-state or state assistance in the form of temporary assistance for needy families cash benefits. At no time may drug test results be released to any public or private person or entity or any law-enforcement agency, except as otherwise authorized by this code.



     NOTE: The purpose of this bill is to create a procedure for any applicant or recipient of TANF benefits who fails an initial drug test and will be required to undergo treatment and to pass a second drug test to maintain eligibility for or recipients of such benefits. Failing the secondary drug test results in ineligibility for benefits for a period of two years, and requires a mandatory drug test as part of a reapplication for benefits.
The bill provides for protective or vendor payments to a third-party payee for the benefit of the members of the household. The bill also ensures confidentiality of records.

     This section is new; therefore, it has been completely underscored.
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