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Introduced Version House Bill 3079 History

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H. B. 3079

 

         (By Delegates Hall, Ellington, Carmichael,

         Craig, Rodighiero, R. Phillips, Pasdon, Nelson,

              J. Miller, Storch and Savilla)

         [Introduced February 9, 2011; 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 §4-1-24; and to amend said code by adding thereto a new section, designated §9-3-6, all relating to implementing random drug testing for recipients of temporary assistance for needy families cash benefits and for legislators of the State of West Virginia.

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 §4-1-24; and that said code be amended by adding thereto a new section, designated §9-3-6, all to read as follows:

CHAPTER 4. THE LEGISLATURE.

ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-24. Drug testing for legislators.

    (a) On the first day of each regular session of the Legislature, the Commissioner of the Division of Human Services shall administer drug testing to each member of the Legislature. This test shall provide a mechanism to detect illegal consumption of controlled substances.

    (b) All persons who are members of the Legislature must submit to the commissioner’s drug testing program.

    (c) Any member of the Legislature who fails an initial drug test must submit to a second drug test no less than thirty days following the initial drug test, but not to exceed sixty days following the initial test. If this second test is not passed, the member shall forfeit all pay and allowances for that calendar year.

    (d) The commissioner shall be 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 determining fitness for pay and allowances under subsection (c) of this section. At no time shall drug test results be released to any public or private person or entity.

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 temporary assistance for needy families cash benefits.

    (b) The commissioner shall deny, or otherwise deem ineligible, any applicant for federal-state or state assistance in the form of temporary assistance for needy families cash benefits, if the applicant or recipient twice fails a drug test for illegal consumption of those controlled substances which the commissioner shall designate.

    (c) Any applicant for federal-state or state assistance in the form of temporary assistance for needy families cash benefits 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 for federal-state or state assistance in the form of temporary assistance for needy families cash benefits 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 deem ineligible, any applicant or recipient until the failure of the second drug test.

    (e) The commissioner shall not deny, or otherwise deem ineligible, any applicant or recipient even if the applicant or recipient fails the second drug test; provided that the applicant or recipient enrolls or is enrolled in a drug treatment program authorized by the Commissioner of the Division of Human Services.

    (f) Any applicant for federal-state or state assistance in the form of temporary assistance for needy families cash benefits 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 temporary assistance for needy families cash benefits.

    (g) The commissioner shall be responsible for ensuring that applicants 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.

    (h) 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 temporary assistance for needy families cash benefits. At no time shall drug test results be released to any public or private person or entity.

    (i) The commissioner shall be required, after this testing process has been in place for two years, to report to the Legislature on the effectiveness of randomized drug testing as observed during these two years.



 

    NOTE: The purpose of this bill is to create a random drug testing program for applicants and recipients of temporary assistance for needy families cash benefits and for elected officials. 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 reapplication for benefits. Legislators shall be required to submit to drug testing. Any legislator who fails two consecutive drug tests must forfeit all pay and allowances.


 

    

    §4-1-24 and §9-3-6 are new; therefore, they are completely underscored.

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