Introduced Version
Senate Bill 417 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 417
(By Senators Carmichael, Blair, Green, D. Hall, Nohe and Walters)
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[Introduced March 4, 2013; referred to the Committee on Health
and Human Resources; then 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 article, designated §4-1B-1, §4-1B-2 and
§4-1B-3; to amend said code 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 the
Legislature; mandatory drug testing and treatment for members
of the Legislature and withholding of compensation; human
services; unemployment compensation; application for and
granting of assistance; and implementing random drug testing
for recipients of federal-state, state assistance or
unemployment compensation benefits.
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 article, designated §4-1B-1, §4-1B-2 and §4-1B-3; that said code 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 4. THE LEGISLATURE.
ARTICLE 1B. DRUG TESTING.
§4-1B-1. Purpose.
The purpose of this article is to demonstrate leadership and
accountability on the important issue of illegal drug usage. Every
elected or appointed member of the West Virginia Legislature shall
submit to the same drug test prescribed by the Commissioner of the
Division of Human Services for recipients of federal-state and
state assistance and recipients of unemployment compensation.
§4-1B-2. Drug testing for members of the Legislature; treatment.
(a) Drug testing shall be taken within the first thirty days
of assuming the office of Senator or Delegate. Every elected or
appointed member of the West Virginia Legislature shall submit to
the drug testing program prescribed by the Commissioner of the
Division of Human Services. Failure to submit to this testing
shall have the same result as twice failing a drug test. Each
individual to be tested, before the test is conducted, is to be
informed that he or she may, but is not required to, advise the
agent administering the test of any over-the-counter medication and of any legally obtained prescription medication he or she is
taking. Each individual to be tested must be assured a reasonable
degree of privacy while producing and submitting a sample for drug
testing, consistent with the state's need to ensure the reliability
of the sample.
(b) Any elected or appointed member of the West Virginia
Legislature 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 no later than sixty days therefrom.
(c) A member of the Legislature may not be considered to have
failed any such test if there is a positive test result that is for
a legally obtained medication prescribed to that person which is
being used for its indicated purpose.
(d) Compensation shall be withheld if a member of the
Legislature twice fails a drug test for illegal consumption of
those controlled substances which the commissioner designates:
Provided, That the commissioner shall refer that member of the
Legislature who tests positive for the use of a controlled
substance under this section to an appropriate substance abuse
treatment program, which may include a faith-based program,
approved by the division.
§4-1B-3. Report to Legislature of program's effectiveness.
The commissioner shall report to the Legislature on the observed effectiveness of drug testing, after the testing process
established in this article has been in place for two years.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-6. Drug testing for recipients of federal-state and state
assistance.
(a) The Commissioner of the Division of Human Services shall
institute a drug testing program for controlled substances for all
applicants for and recipients of temporary assistance for needy
families cash (TANF) benefits. The program shall contain, at a
minimum, random testing, probable cause testing, testing at the
time of application and treatment for substance abuse. The
controlled substances for which tests shall be conducted shall be
determined by the commissioner. An individual may not be
considered to have failed any such test if there is a positive test
result that is for a legally obtained medication prescribed to that
person which is being used for its indicated purpose.
(b) Ineligibility generally:
(1) The commissioner shall deny, or otherwise consider
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
designates: Provided, That the commissioner shall refer a work-
eligible applicant or work-eligible recipient who tests positive
for the use of a controlled substance under this section to an
appropriate substance abuse treatment program, which may include a
faith-based program, approved by the division.
(2) Other members of a household that includes a person who
has been declared ineligible for temporary assistance for needy
families assistance shall, if otherwise eligible, continue to
receive temporary assistance for needy families benefits.
(A) A dependent child's eligibility for TANF benefits may not
be affected by a parent's failure to pass a drug test.
(B) An appropriate protective payee shall be designated to
receive benefits on behalf of the child.
(C) The parent may choose to designate another individual to
receive benefits for the parent's minor child. The designated
individual must be an immediate family member or, if an immediate
family member is not available or the family member declines the
designation, another individual, approved by the division, may be
so designated. The designated individual must also undergo drug
testing before being approved to receive benefits on behalf of the
child. If the designated individual tests positive for controlled
substances, he or she is ineligible to receive benefits on behalf of the child.
(c) Any applicant for, or recipient of, federal-state or state
assistance in the form of temporary assistance for needy families
cash benefits shall submit to the commissioner's drug testing
program as a requirement for eligibility or continued receipt of
such assistance. Failure to submit to this testing shall have the
same result as twice failing a drug test. Each individual to be
tested, before the test is conducted, is to be informed that he or
she may, but is not required to, advise the agent administering the
test of any over-the-counter medication and of any legally obtained
prescription medication he or she is taking. Each individual to be
tested must be assured a reasonable degree of privacy while
producing and submitting a sample for drug testing, consistent with
the state's need to ensure the reliability of the sample.
(d) Any applicant for, or recipient of, 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 no later than sixty days therefrom. The
commissioner may not deny, or otherwise determine ineligible, any
applicant or recipient until he or she has failed the second drug
test.
(e) The commissioner may not deny, or otherwise determine ineligible, any applicant or recipient who fails the second drug
test if the applicant or recipient immediately enrolls in a drug
treatment program authorized by the Commissioner of the Division of
Human Services.
(f) Reapplication following ineligibility:
(1) Any applicant for, or recipient of, federal-state or state
assistance in the form of temporary assistance for needy families
cash benefits who is denied, or otherwise determined ineligible to
receive benefits by the commissioner following a failure of an
initial drug test and the mandatory secondary test, shall be
ineligible to receive, and prohibited from reapplying for, these
benefits for a period of one year from the date that commissioner
denied the applicant's or recipient's claim or determined the
applicant or recipient to be ineligible. Any applicant or
recipient denied or determined 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.
(2) Any individual who is forbidden to receive benefits under
this section may reapply for these benefits no sooner than six
months after the commissioner declares he or she is ineligible for
the benefits if the individual can document the successful
completion of a drug treatment program authorized by the Commissioner of the Division of Human Services. An individual who
has met the requirements of this subsection and reapplies for
benefits must also pass an initial drug test. The cost of any drug
testing and drug treatment provided under this section is the
responsibility of the individual being tested and receiving
treatment. An individual may reapply for benefits pursuant to the
exception contained in this subsection only once.
(g) The commissioner shall ensure that applicants and
recipients chosen for random 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 ensure the confidentiality of all
drug test results administered as part of the program. 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. Drug test results may not be released to
any public or private person or entity or any law-enforcement
agency, except as otherwise authorized by this code.
(i) The commissioner shall report to the Legislature on the
observed effectiveness of drug testing, after the testing process
established in this section has been in place for two years.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-18. Drug testing for recipients of unemployment
compensation.
(a) The Commissioner of the Bureau of Employment Programs
shall institute a drug testing program for controlled substances
for all applicants for and recipients of unemployment compensation
benefits under this chapter. The program shall contain, at a
minimum, random testing, probable cause testing, testing at the
time of application and treatment for substance abuse. The
controlled substances for which tests shall be conducted shall be
determined by the commissioner. An individual may not be
considered to have failed any such test if there is a positive test
result that is for a legally obtained medication prescribed to that
person which is being used for its indicated purpose.
(b) The commissioner shall deny, or otherwise consider
ineligible, any applicant for unemployment compensation benefits ,
if the applicant or recipient twice fails a drug test for illegal
consumption of those controlled substances which the commissioner
designates: Provided, That the commissioner shall refer a work-
eligible applicant or work-eligible recipient who tests positive
for the use of a controlled substance under this section to an appropriate substance abuse treatment program approved by the
commissioner.
(c) Any applicant for, or recipient of unemployment
compensation benefits shall submit to the commissioner's drug
testing program as a requirement for eligibility or continued
receipt of such benefits. Failure to submit to this testing shall
have the same result as twice failing a drug test. Each individual
to be tested, before the test is conducted, is to be informed that
he or she may, but is not required to, advise the agent
administering the test of any over-the-counter medication and of
any legally obtained prescription medication he or she is taking.
Each individual to be tested must be assured a reasonable degree of
privacy while producing and submitting a sample for drug testing,
consistent with the state's need to ensure the reliability of the
sample.
(d) Any applicant for, or recipient of unemployment
compensation 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 no later than sixty days
therefrom. The commissioner may not deny, or otherwise determine
ineligible, any applicant or recipient until he or she has failed
the second drug test.
(e) The commissioner may not deny, or otherwise determine ineligible, any applicant or recipient who fails the second drug
test if the applicant or recipient immediately enrolls in a drug
treatment program authorized by the commissioner.
(f) Reapplication following ineligibility:
(1) Any applicant for, or recipient of, unemployment
compensation benefits who is denied, or otherwise determined
ineligible to receive benefits by the commissioner following a
failure of an initial drug test and the mandatory secondary test,
shall be ineligible to receive, and prohibited from reapplying for,
these benefits for a period of one year from the date that the
commissioner denied the applicant's or recipient's claim or
determined the applicant or recipient to be ineligible. Any
applicant or recipient denied or determined to be ineligible under
this section shall submit to a mandatory drug test as part of a
reapplication for unemployment compensation benefits.
(2) Any individual who is forbidden to receive benefits under
this section may reapply for these benefits no sooner than six
months after the commissioner declares he or she is ineligible for
the benefits if the individual can document the successful
completion of a drug treatment program authorized by the
Commissioner of the Bureau of Employment Programs. An individual
who has met the requirements of this subsection and reapplies for
benefits must also pass an initial drug test. The cost of any drug testing and drug treatment provided under this section is the
responsibility of the individual being tested and receiving
treatment. An individual may reapply for benefits pursuant to the
exception contained in this subsection only once.
(g) The commissioner shall ensure that applicants and
recipients chosen for random 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 ensure the confidentiality of all
drug test results administered as part of the program. Drug test
results shall only be used for the purpose of denying, or
determining eligibility for continued receipt of unemployment
compensation benefits. Drug test results may not be released to
any public or private person or entity or any law-enforcement
agency, except as otherwise authorized by this code.
(i) The commissioner shall report to the Legislature on the
observed effectiveness of drug testing, after the testing process
established in this section has been in place for two years.
NOTE: The purpose of this bill is to create a drug testing
program for applicants and recipients of temporary assistance for
needy families cash benefits; and for recipients of unemployment
benefits. 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
these benefits. Failing the secondary drug test results in
ineligibility for benefits for a period of one year, and requires
a mandatory drug test as part of a reapplication for benefits. The
bill provides for a
substance abuse treatment program. The bill
provides
for protective or vendor payments to a third-party payee
for the benefit of the members of the household. The bill also
ensures confidentiality of records. Finally, the bill provides for
mandatory drug testing for members of the Legislature based on the
drug testing program
prescribed by the Commissioner of the Division
of Human Services
.
In addition to the requirement of participating
in a substance abuse treatment program for a member of the
Legislature, the bill provides for the withholding of compensation
until drug treatment is undertaken.
Article §4-1B-1, §4-1B-2 and §4-1B-3, are new; therefore,
strike-throughs and underscoring have been omitted.
Sections §9-3-6 and §21A-6-18 are new; therefore, strike-
throughs and underscoring have been omitted.