Introduced Version
House Bill 3146 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3146
(By Delegates Ellington, Rowan, Shott, Sobonya, Arvon,
Ireland, Gearheart, Overington and Faircloth)
[Introduced
March 25, 2013
; 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 §9-3-6, relating to
implementing drug testing for recipients of federal-state and
state assistance.
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 §9-3-6, to read as
follows:
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
deny, or otherwise determine ineligible, any mother who is an
applicant for or recipient of federal-state or state assistance in
the form of temporary assistance for needy families cash benefits,
if she delivers an infant addicted to certain controlled substances, not legally prescribed,
including amphetamines,
tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any
opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene,
and any tricyclic antidepressants
Provided: That if the mother
agrees to undergo a course of substance abuse education and
treatment as prescribed in article fifteen, chapter sixty-two of
this code, or the substantial equivalent, she shall be found to
be
eligible to apply for the benefits, subject to the imposition of
further mandatory drug testing not inconsistent with the provisions
of this code.
_____(b) 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.
_____(c) No dependent child's eligibility for TANF benefits may be
affected by a parent's failure to pass a drug test.
_____(d) An appropriate protective payee shall be designated to
receive benefits on behalf of the child.
_____(e) The mother may choose to designate another individual to
receive benefits for her 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.
_____(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
determined ineligible to receive benefits by the commissioner
following the delivery of an infant addicted to certain controlled
substances, not legally prescribed,
including amphetamines,
tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any
opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene,
and any tricyclic antidepressants
,
is ineligible to receive, and
prohibited from reapplying for, benefits for a period of two years
from the date that commissioner determined the applicant or
recipient to be ineligible. Any applicant or recipient 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; and
_____(2) Any individual who is forbidden to receive benefits under
this section may reapply for benefits no sooner than six months
after the commissioner declares he or she is ineligible for benefits
if the individual can document the successful completion of a drug
treatment program as specified in this section.
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 shall be 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 is 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 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 may drug
test results be released to any public or private person or entity
or any law-enforcement agency, except as otherwise authorized by
this code.
NOTE: The purpose of this bill is to create a procedure for
any applicant or recipient of TANF benefits who fails an initial
drug test and will be required to undergo treatment and to pass a
second drug test to maintain eligibility for or recipients of such
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 or vendor payments to a third-party payee
for the benefit of the members of the household. The bill also
ensures confidentiality of records.
This section is new; therefore, it has been completely
underscored.