COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 389
(By Senator Kessler)
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[Originating in the Committee on the Judiciary;
reported February 10, 2010.]
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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; and to amend
said code by adding thereto a new section, designated §9-9-23,
all relating to opting out of the 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; and that said
code be amended by adding thereto a new section, designated §9-9-
23, all to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-21. Supplemental Nutrition Assistance Program.
Pursuant to the option granted to 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).
§9-9-23. Opt out of Federal law.
Pursuant to the option granted to 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).
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(NOTE: The purpose of this bill is to opt out of federal law
restrictions on eligibility of certain persons 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.
)
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