SB389 H JUD AM 3-5 #1


The Committee on the Judiciary moves to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following language:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-5-21; and that §9-9- 6 of said code be amended and reenacted , all to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-21. Prohibition against denial of assistance based on drug conviction.
Pursuant to the authorization provided to the states in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 21 U.S.C. Section 862a(d)(1)(A), West Virginia elects to exempt all persons domiciled in the state from application of 21 U.S.C. Section 862a(d)(1)(A).
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM
§9-9-6. Program participation.
(a) Unless otherwise noted in this article, all adult beneficiaries of cash assistance and work eligible individuals shall participate in the West Virginia Works Program in accordance with the provisions of this article. The level of participation, services to be delivered and work requirements shall be defined through legislative rules established by the secretary.
(b) Any individual exempt under the provisions of section eight of this article may participate in the activities and programs offered through the West Virginia Works Program.
(c) Support services other than cash assistance through the West Virginia Works Program may be provided to at-risk families to assist in meeting the work requirements or to eliminate the need for cash assistance.
(d) Cash assistance through the West Virginia Works Program may be provided to an at-risk family if the combined family income, as defined in section three of this article, is below the income test levels established by the department, subject to the following:
(1) Any adult member of an at-risk family who receives supplemental security income shall be excluded from the benefit group;
(2) Within the limits of funds appropriated therefor, an at-risk family that includes a married man and woman and dependent children of either one or both may receive an additional cash assistance benefit in an amount of one hundred dollars or less; and
(3) An at-risk family shall receive an additional cash assistance benefit in the amount of twenty-five dollars regardless of the amount of child support collected in a month on behalf of a child or children of the at-risk family, as allowed by federal law.
(e) Pursuant to the authorization provided to the states in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 21 U.S.C. Section 862a(d)(1)(A), West Virginia elects to exempt all persons domiciled in the state from application of 21 U.S.C. Section 862a(d)(1)(A).