H. B. 3007
(By Delegates Blair, C. Miller, J. Miller,
Sobonya, Andes, Schoen, Overington,
Louisos, Ellem, Walters and Carmichael)
[Introduced March 10, 2009; 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; and to amend
said code by adding thereto a new section, designated §21A-6-
18, all relating to implementing random drug testing for
recipient of federal-state assistance, state assistance and
unemployment compensation.
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; and that said
code be amended by adding thereto a new section, designated §21A-6-
18, all to read as follows:
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, or
recipients of, federal-state and state assistance in the form of
welfare or food stamps or both.
(b) The commissioner shall deny, or otherwise deem ineligible,
any applicant for, or recipient of, federal-state or state
assistance in the form of welfare or food stamps or both, if the
applicant or recipient twice fails a drug test for illegal
consumption of any Schedule I, Schedule II, Schedule III, Schedule
IV or Schedule V controlled substances.
(c) Any applicant or recipient of federal-state or state
assistance in the form of welfare or food stamps or both 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 or recipient of federal-state or state
assistance in the form of welfare or food stamps or both 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 deemed ineligible, any applicant or recipient until the
failure of the second drug test.
(e) Any applicant or recipient of federal-state or state
assistance in the form of welfare or food stamps 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 welfare or food stamps or both.
(f) The commissioner shall be responsible for ensuring that
applicants and recipients 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.
(g) 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 welfare or food stamps or both. At no time shall drug test
results be released to any public or private person or entity.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-18. Random drug testing for recipients of unemployment compensation.
(a) The Commissioner of the Bureau of Employment Programs
shall institute a random drug testing program for all applicants
for, or recipients of, state unemployment compensation.
(b) The commissioner shall deny, or otherwise deem ineligible,
any applicant for, or recipient of, state unemployment
compensation, if the applicant or recipient twice fails a drug test
for illegal consumption of any Schedule I, Schedule II, Schedule
III, Schedule IV or Schedule V controlled substances.
(c) Any applicant or recipient state unemployment compensation
shall submit to the commissioner's random drug testing program as
a requirement for eligibility or continued receipt of state
unemployment compensation. Failure to comply shall be the same as
twice failing a drug test.
(d) Any applicant or recipient of state unemployment
compensation 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 deemed ineligible, any applicant or
recipient until the failure of the second drug test.
(e) Any applicant or recipient of state unemployment
compensation 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 state
unemployment compensation.
(f) The commissioner shall be responsible for ensuring that
applicants and recipients 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.
(g) 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, state unemployment compensation. At no time
shall drug test results be released to any public or private person
or entity.
NOTE: The purpose of this bill is to create a random drug
testing program for applicants and recipients of federal-state and
state assistance in the form of welfare or food stamps or both, and
unemployment compensation. 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 re-application for benefits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.