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Introduced Version House Bill 3007 History

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hb3007 intr
H. B. 3007


(By Delegates Blair, C. Miller, J. Miller,

Sobonya, Andes, Schoen, Overington,

Louisos, Ellem, Walters and Carmichael)

[Introduced March 10, 2009; 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; and to amend said code by adding thereto a new section, designated §21A-6- 18, all relating to implementing random drug testing for recipient of federal-state assistance, state assistance and unemployment compensation.

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; and that said code be amended by adding thereto a new section, designated §21A-6- 18, all to read as follows:

CHAPTER 9. HUMAN SERVICES.

ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-6. Random drug testing for recipients of federal-state and state assistance.
(a) The commissioner of the division of human services shall institute a random drug testing program for all applicants for, or recipients of, federal-state and state assistance in the form of welfare or food stamps or both.
(b) The commissioner shall deny, or otherwise deem ineligible, any applicant for, or recipient of, federal-state or state assistance in the form of welfare or food stamps or both, if the applicant or recipient twice fails a drug test for illegal consumption of any Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V controlled substances.
(c) Any applicant or recipient of federal-state or state assistance in the form of welfare or food stamps or both shall submit to the commissioner's random drug testing program as a requirement for eligibility or continued receipt of such assistance. Failure to comply shall be the same as twice failing a drug test.
(d) Any applicant or recipient of federal-state or state assistance in the form of welfare or food stamps or both who fails an initial drug test shall be required to submit to a second drug test no less than thirty days following the initial drug test, but not to exceed sixty days. The commissioner shall not deny, or otherwise deemed ineligible, any applicant or recipient until the failure of the second drug test.
(e) Any applicant or recipient of federal-state or state assistance in the form of welfare or food stamps denied, or otherwise deemed ineligible, by the commissioner following a failure of an initial random drug test and the mandatory secondary test shall be ineligible to receive, or prohibited from reapplying for, such benefits for a period of two years from the date that commissioner denied an applicants claim or determined the applicant to be ineligible. Any applicant denied or deemed 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 welfare or food stamps or both.
(f) The commissioner shall be responsible for ensuring that applicants and recipients chosen for drug testing are selected at random, and not by any other criteria, including, but not limited to, suspicion of drug use, previous drug use or criminal conviction for drug use or possession.
(g) The commissioner shall be responsible for ensuring the confidentiality of any and all drug test results administered as part of the program. Random 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 welfare or food stamps or both. At no time shall drug test results be released to any public or private person or entity.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-18. Random drug testing for recipients of unemployment compensation.
(a) The Commissioner of the Bureau of Employment Programs shall institute a random drug testing program for all applicants for, or recipients of, state unemployment compensation.
(b) The commissioner shall deny, or otherwise deem ineligible, any applicant for, or recipient of, state unemployment compensation, if the applicant or recipient twice fails a drug test for illegal consumption of any Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V controlled substances.
(c) Any applicant or recipient state unemployment compensation shall submit to the commissioner's random drug testing program as a requirement for eligibility or continued receipt of state unemployment compensation. Failure to comply shall be the same as twice failing a drug test.
(d) Any applicant or recipient of state unemployment compensation who fails an initial drug test shall be required to submit to a second drug test no less than thirty days following the initial drug test, but not to exceed sixty days. The commissioner shall not deny, or otherwise deemed ineligible, any applicant or recipient until the failure of the second drug test.
(e) Any applicant or recipient of state unemployment compensation denied, or otherwise deemed ineligible, by the commissioner following a failure of an initial random drug test and the mandatory secondary test shall be ineligible to receive, or prohibited from reapplying for, such benefits for a period of two years from the date that commissioner denied an applicants claim or determined the applicant to be ineligible. Any applicant denied or deemed to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for state unemployment compensation.
(f) The commissioner shall be responsible for ensuring that applicants and recipients chosen for drug testing are selected at random, and not by any other criteria, including, but not limited to, suspicion of drug use, previous drug use or criminal conviction for drug use or possession.
(g) The commissioner shall be responsible for ensuring the confidentiality of any and all drug test results administered as part of the program. Random drug test results shall only be used for the purpose of denying, or determining eligibility for continued receipt of, state unemployment compensation. At no time shall drug test results be released to any public or private person or entity.




NOTE: The purpose of this bill is to create a random drug testing program for applicants and recipients of federal-state and state assistance in the form of welfare or food stamps or both, and unemployment compensation. Any applicant or recipient who fails an initial drug test will be required to pass a second drug test in the following thirty to sixty days to maintain eligibility for or recipients of such benefits. Failing the secondary drug test results in ineligibility for benefit for a period of two years, and requires a mandatory drug test as part of a re-application for benefits.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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