HB 5582: Extending program for drug screening of applicants for TANF - West Virginia

hb5582 s wrk am _1 3-3 adopted.htm → hb5582 s wrk amt _1 3-3 adopted.htm · 4 edits

MODERATE

The bill was amended to replace the entire text of the original section with a new version that clarifies definitions, removes the specific program expiration date, and updates reporting requirements. This change ensures the legislation aligns with current federal standards and provides clearer guidance on how drug screening and related penalties are applied to applicants for cash assistance.

Scope change

The bill's scope shifted from a time-limited pilot program ending in 2026 to a permanent statutory framework with updated definitions and reporting timelines.

TIMELINE

The specific expiration date of December 31, 2026, was removed, indicating the program is no longer a temporary pilot with a fixed end date.

The annual reporting deadline was updated from December 31, 2016, to December 31 of each year, removing the old date and establishing an ongoing requirement.

DEFINITION

The definitions section was completely rewritten to clarify terms like 'drug test' and 'reasonable suspicion' for better legal precision.

TECHNICAL

A new summary line was added to the title explaining the bill's purpose, including clarifying the definition of a drug test and removing the expiration date.

Committee Substitute → hb5582 s wrk am _1 3-3 adopted.htm · 6 edits

MODERATE

The bill was amended to significantly expand protections for families affected by drug screening policies. The most critical change is the addition of clauses ensuring that a parent's drug test failure does not affect their children's eligibility for benefits, requiring a protective payee to be designated instead. The amendment also extends the program's expiration date from 2026 to 2030 and clarifies that household members not declared ineligible may continue to receive assistance.

Scope change

The bill now explicitly protects dependent children from losing benefits due to a parent's drug test failure and extends the program's duration.

ELIGIBILITY

Added provisions stating that a parent's failure to pass a drug test cannot affect a dependent child's eligibility for benefits.

Added requirements for designating a protective payee to receive benefits on behalf of children when a parent is ineligible.

Added a provision allowing household members who are not declared ineligible to continue receiving benefits.

TIMELINE

Extended the program expiration date from December 31, 2026, to December 31, 2030.

REQUIREMENT

Added a new subsection allowing applicants to reapply for benefits six months after successfully completing a drug treatment program.

ENFORCEMENT

Added a provision establishing a Board of Review process for applicants denied assistance.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

The bill was converted from a final 'Enrolled' version into a 'Committee Substitute' version, meaning it is still under legislative review and has not yet been finalized. The most significant substantive change is the addition of new subsections (i) through (r), which protect dependent children's benefits from a parent's drug test failure, allow for protective payee designation, and establish a reapplication process for applicants who complete treatment. Additionally, the program's expiration date was extended to December 31, 2030, and the reporting timeline for drug-related convictions was changed from three years to five years.

Scope change

The bill's scope was expanded to explicitly protect the eligibility of dependent children from a parent's drug test failure and to provide a pathway for applicants to reapply after successfully completing treatment.

ELIGIBILITY

New provisions ensure that a parent's failure to pass a drug test does not affect the eligibility of their dependent children for benefits.

New provisions allow parents to designate a protective payee to receive benefits on behalf of a child if the parent is deemed ineligible.

New provisions allow applicants who complete drug treatment to reapply for benefits six months later, subject to a new drug test.

TIMELINE

The expiration date for the drug screening program was extended from an unspecified date to December 31, 2030.

REQUIREMENT

The reporting requirement for applicants with drug-related convictions was extended from three years to five years prior to application.

TECHNICAL

The document status changed from 'Enrolled' (final) to 'Committee Substitute' (under review), indicating the bill is not yet law.

Engrossed Committee Substitute → Enrolled Committee Substitute · 5 edits · Apr 1, 2026

MODERATE

The bill was transitioned from a draft committee version to the final enrolled version, which includes significant policy expansions. The most critical change is the addition of protections ensuring that children's benefits are never affected by a parent's drug test failure, and the establishment of a formal review process for denied applicants. Additionally, the final version removes the program's expiration date and clarifies reporting requirements to the legislature.

Scope change

The bill's scope expanded to explicitly protect dependent children from losing benefits due to a parent's drug test failure and to provide a formal appeal mechanism for applicants denied assistance.

ELIGIBILITY

Added new subsections (i) through (l) to ensure dependent children retain benefits regardless of a parent's drug test failure and to establish a formal Board of Review for denied applicants.

TIMELINE

Removed the specific expiration date of December 31, 2026, making the drug screening program permanent or subject only to future legislative action.

ENFORCEMENT

Added a provision requiring the secretary to report annually to the Joint Committee on Government and Finance regarding program statistics and costs.

REQUIREMENT

Added a new provision allowing ineligible applicants to reapply once after successfully completing a drug treatment program, subject to specific conditions and costs.

DEFINITION

Clarified the reporting timeline in the bill title and header, changing the session date context to reflect the final enacted status.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was converted from an introduced draft to an engrossed committee substitute, adding significant protections for children and new reapplication rules while extending the program's expiration date. The most critical change is the addition of clauses ensuring that a parent's drug test failure does not affect their dependent child's eligibility for benefits, and the establishment of a formal process for parents to reapply after successfully completing treatment. Additionally, the reporting deadline for the program's status was updated from 2016 to 2026.

Scope change

The bill's scope expanded to explicitly protect the benefits of dependent children regardless of a parent's drug test results and to allow for a single reapplication opportunity after treatment completion.

ELIGIBILITY

New subsections (j) and (i) were added to ensure that a parent's failure to pass a drug test does not negatively impact the eligibility or benefits of their dependent children.

REQUIREMENT

New subsection (k) was added to allow applicants who successfully complete treatment to reapply for benefits six months later, with specific rules about testing and costs.

TIMELINE

The program expiration date was extended from December 31, 2026, to December 31, 2030.

TECHNICAL

The reporting deadline in subsection (p) was corrected from December 31, 2016, to December 31, 2026.

DEFINITION

The definition of 'Drug test' was updated to include oral fluid rinse tests in addition to urine tests.

Extending program for drug screening of applicants for TANF

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