Bill Text: WV SB394 | 2019 | Regular Session | Introduced
Bill Title: Allowing state to opt out of federal statute relating to SNAP benefits
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Introduced - Dead) 2019-01-23 - To Health and Human Resources [SB394 Detail]
Download: West_Virginia-2019-SB394-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
Senate Bill 394
By Senators Takubo, Ihlenfeld, Jeffries, Maroney, Weld, Woelfel, Palumbo, Plymale, Stollings, Hamilton, Hardesty, Baldwin, and Trump
[Introduced
January 23, 2019; Referred
to the Committee on Health and Human Resources; and then to the Committee on
the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-3a, relating to permitting the state to opt out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving benefits under the Supplemental Nutrition Assistance Program provided that certain conditions are met.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-3a. Authorized exemption from federal law.
A person who is otherwise eligible to receive benefits under the supplemental nutrition assistance program (SNAP) shall be exempt from the application of section 115(a) of the Personal Responsibility and Work Opportunity Act of 1996, P.L. 104-193, and shall not be denied such assistance solely based upon a felony conviction which has as an element the possession, use or distribution of a controlled substance, provided that such person’s underlying conviction did not involve drug diversion of the SNAP benefits or other illegal use of the SNAP benefits.
NOTE: The purpose of this bill is to permit the state to opt out of a federal statute that would otherwise not allow an individual living in the state who has previously been convicted of a felony involving a controlled substance from receiving benefits under the supplemental nutrition program provided that certain conditions are met.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
