Senate Bill No. 389
(By Senator Kessler)
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[Introduced January 29, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-5-21, relating to
opting out of 21 U. S. C. §862a restriction concerning the
eligibility of certain persons from receiving the benefits of
certain federally funded programs.
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 §9-5-21, to read as
follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-21. Supplemental Nutrition Assistance Program.
Pursuant to the option granted the state by 21 U.S.C.
862a(d)(1)(A), West Virginia does exempt any individuals domiciled
in the state from the application of 21 U.S.C. 862a(a).
NOTE: The purpose of this bill is to opt out of federal law
restrictions on eligibility of persons convicted of drug-related
felonies from receiving the benefits of certain federally funded
programs, namely any state program funded under part A of title IV
of the Social Security Act, the benefits of the food stamp program,
or any state program carried out under the Food Stamp Act of 1977.
This section is new; therefore, strike-throughs and
underscoring have been omitted.