WEST virginia Legislature
2017 regular session
By
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A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§9-3-7, relating to sanctions for recipients of benefits from the Temporary
Assistance for Needy Families Program through temporary suspensions of benefits
when they are convicted of misdemeanor theft offenses of shoplifting and petit
larceny; providing definitions; establishing administrative review of decisions
to deny benefits; providing a mechanism for dependent children to receive
benefits if a parent is deemed ineligible; authorizing rulemaking; providing
criminal penalties; and allowing for exceptions.
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 §9-3-7, to read as follows:
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-7. Sanctions for recipients of benefits as
result of misdemeanor criminal offenses.
(a) As used in this
section:
(1) “Department”
means the Department of Health and Human Resources;
(2) “Secretary” means
the secretary of the department or his or her designee.
(3) “Temporary
Assistance for Needy Families Program” means assistance provided through
ongoing cash benefits pursuant to 42 U.S.C. §601, et seq.
(b) The Secretary of the
Department of Health and Human Resources shall implement and administer a
procedure, subject to federal approval, providing sanctions for recipients of
benefits from the Temporary Assistance for Needy Families Program through
temporary suspensions of benefits when they are convicted of misdemeanor theft
offenses of shoplifting or petit larceny.
(c) Other adult
members of a household that includes a person who has been declared ineligible
for the Temporary Assistance for Needy Families Program shall, if otherwise
eligible, continue to receive temporary assistance for needy families benefits.
(d) (1) No dependent
child's eligibility for benefits under the Temporary Assistance for Needy
Families Program may be affected by a parent’s suspension of benefits as a
result of a misdemeanor conviction of a parent.
(2) If a parent is
deemed ineligible for the Temporary Assistance for Needy Families Program under
this section, the dependent child eligible for public assistance benefits is
not affected and an appropriate protective payee shall be designated to receive
benefits on behalf of the child.
(3) The parent may
choose to designate another person to receive benefits for the minor child. The
designated person shall be an immediate family member or, if an immediate
family member is not available or the family member declines the option,
another person, may be designated.
(4) The designated
person shall be approved by the secretary.
(e) An applicant for the
Temporary Assistance for Needy Families Program, who is determined ineligible
to receive benefits by the secretary under this section is ineligible to
receive, and prohibited from reapplying for, benefits for a period of six
months from the date that secretary determined the applicant to be ineligible;
and
(f) An applicant who is
denied admittance to the Temporary Assistance for Needy Families Program under
this section may request a review of the denial by the Board of Review. The
transcript of a misdemeanor conviction or final order of the conviction are
admissible without further authentication or qualification in the review of
denial by the Board of Review and in any appeal.
(g) The secretary shall
propose rules for legislative approval according to article three, chapter
twenty-nine-a of this code to prescribe the standards for the implementation of
this section.
(h) A person who
intentionally misrepresents any material fact in an application filed under the
provisions of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than $100 or more than $1,000
or by imprisonment in jail not exceeding six months or by both fine and
imprisonment.
NOTE: The purpose of this bill is
to provide sanctions for recipients of benefits from the temporary assistance
for needy families program through temporary suspensions of benefits when they
are convicted of misdemeanor theft offenses of shoplifting or petit larceny. The bill provides definitions. It establishes administrative review of
decisions to deny benefits. The bill
also provides a mechanism for dependent children to receive benefits if a parent
is deemed ineligible. It authorizes
rulemaking, providing penalties and allows for exceptions to providing
sanctions.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.