WEST virginia Legislature

2017 regular session

Introduced

House Bill 2701

By Delegates Sobonya, Romine, C., Summers, Miller, c., Westfall, Butler, Atkinson, Hollen, White, Ellington and Householder

[Introduced February 24, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §9-3-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting recipients of public assistance to return items for cash that were purchased with electronic benefit transfer cards; and establishing a penalty.

Be it enacted by the Legislature of West Virginia:

That §9-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-3. Making application, investigation and grant.; electronic benefit transfer cards; prohibition; penalty.

(a) All persons wishing to make application for any class of welfare assistance shall have an opportunity to do so. Upon receipt of an application for any class of welfare assistance, the department shall make such investigation as may be necessary and as the exigency of the case will permit to determine the eligibility of the applicant for, and the form, amount, extent, and period of, such assistance.

(b) When the department approves an application for any class of welfare assistance, it shall fix the amount, form, extent and period of such assistance in accordance with applicable federal and state laws, rules and regulations and within the limits of available funds

(c) If the department issues assistance in the form of electronic benefit transfer cards recipients of those cards may not return goods purchased with those cards for cash.

(d) If a recipient is found to have violated subsection (c) of this section, the department shall issue a warning in writing to the recipient. The recipient shall be subject to disqualification of benefits for up to three months following the first offense and a permanent termination of benefits following the second offense, unless expressly prohibited by federal law.

NOTE:  The purpose of this bill is to prohibit recipients of public assistance to return items for cash that were purchased with electronic benefit transfer cards. The bill establishes a penalty.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.