Date Requested: January 23, 2015
Time Requested: 10:21 AM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
1949 Introduced HB2021
CBD Subject: Human Services


FUND(S):

0403; 8722; 8816

Sources of Revenue:

General Fund,Other Fund Federal

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    The purpose of this bill is to create a procedure to declare any applicant or recipient of temporary assistance for needy families (TANF) cash benefits who has been convicted of a drug- related offense other than simple possession , felony, or given birth to a baby who was addicted to specific list of drugs as ineligible. These applicants/recipients would have to pass an initial drug test to become eligible for benefits. Any applicant/recipient who fails an initial drug test will be required to pass a second drug test to maintain eligibility for or be recipients of these benefits. Failing the secondary drug test results in ineligibility for benefits for a period of two years, and requires a mandatory drug test as part of a reapplication for benefits. The bill provides for protective vendor or vendor payments to a third-party payee for the benefit of the members of the household. The bill also ensures confidentiality of records.
    Total estimated cost for the Department the first year of this program would be $3,372,050 ($2,234,821 state funds and $1,137,229 federal funds) and subsequent years would be $2,288,870 ($1,299,035 state funds and $989,835 federal funds) .
    The legislation states that the cost of any drug testing and drug treatment is the responsibility of the individual being tested and receiving treatment, therefore these costs are not included in the estimated costs.
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2015
Increase/Decrease
(use"-")
2016
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 3,372,050 2,288,870
Personal Services 0 2,015,367 2,015,367
Current Expenses 0 1,356,683 273,503
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


    Total estimated cost for the first year is $3,372,050 and subsequent years being $2,288,870. Recognizing first time costs of system upgrades, background checks for all participants, and additional staff.
    Estimated cost for 2016 related to required system changes to the Department's RAPIDS system (eligibility system) to accommodate requirements of the proposed legislation total is $640,845. This estimate is based on data from the Department's contractor for the RAPIDS system indicating an approximate 4,747 hours of programming time @ $135 = $640,845.
    Adding one additional employee, an Office Assistant II (Salary: $26,442, Fringe Benefits $9,255 = $35,697) to process background checks. The Department estimates that fifty-five Economic Service Workers would be needed to implement this testing program. One in each county for an estimated cost of $1,979,670 (average salary and benefits of $35,994. X 55). Total personal services costs are estimated at $2,015,367.
    Assuming the state would have the responsibility of proving the conviction validity of the participants. Based on the number of participants at the current state rate of $35.35 current cases ($12,513 X $35.35) = $442,335 and new cases (7,737 X $35.35)= $273,503.
    



Memorandum


    The term probable cause is vague and needs to be defined.
    There is not a statement regarding due process in the event of a false positive result.
    Twelve states have passed legislation regarding drug testing or screen for public assistance applicants or recipients (Alabama, Arizona, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee and Utah.) During the four months of Florida's mandatory drug testing program, only 2.6 percent of applicants (106 out of 4,086), failed the drug test, with an additional 40 people canceling their applications. December 2013, Florida's law was permanently stopped by a District Court judge ruling it violated constitutional protections against unreasonable searches. On December 2, 2014 the 11th US Circuit Court of Appeals upheld the ruling (LeBron v. Wilkins). In 2003, Michigan's drug testing program was struck down as a violation of the Fourth Amendment's protection against searches without reasonable cause (Marchwinski v. Howard).
    



    Person submitting Fiscal Note: Karen L. Bowling
    Email Address: karen.l.bowling@wv.gov