H. B. 4482
(By Delegates Blair, Louisos, J. Miller,
C. Miller, Border, Overington, Carmichael,
Sobonya, Shott, Lane and Hall)
[Introduced February 12, 2010
; 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, it has been completely
underscored.