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West VirginiaHB 55822026 Regular SessionHouseWALLET

Extending program for drug screening of applicants for TANF

Sponsored By: Geno Chiarelli (Republican)

Signed by Governor

§9-3-6

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Drug screening and tests for TANF applicants

The state screens every adult who applies for TANF (WV Works). A lab drug test is required if a caseworker sees signs on the screen or you had a drug-related conviction in the last three years. The state pays for the required first test. If you ask for a second test at another site, you pay for it. If a test finds a prescribed drug, a valid prescription is a full defense.

TANF sanctions, treatment, and child protections

If you test positive, you must complete substance-abuse treatment and a job-skills program. You can keep TANF while you attend. If you refuse or fail to enroll, you are ineligible until you enroll. A second positive suspends TANF for 12 months or until you finish. A third positive ends TANF permanently, subject to federal law. Refusing a required screen or test makes you ineligible. A child’s TANF stays in place, and benefits can go to a screened, approved protective payee you name. Other eligible adults in the home keep their TANF. If benefits are suspended or ended and no protective payee is named, Child Protective Services must visit and arrange help as needed. If you were denied for not doing programs, you may reapply once, six months after finishing a secretary-approved treatment, and you must test again. You pay for tests and treatment under this reapply rule.

Past drug felonies no longer block TANF

People who live in West Virginia are exempt from the federal rule that bars TANF for certain drug felonies. This lets eligible applicants with past drug convictions apply for TANF under state rules.

Privacy, appeals, and fraud penalties

The state keeps TANF drug test results private and uses them only to decide eligibility. If you are denied, you can appeal to the Board of Review. Drug test results are allowed in the appeal without extra proof. If federal officials object to part of the program, the secretary must adjust it and keep it running. Intentionally lying on a TANF application is a misdemeanor with a $100–$1,000 fine, up to six months in jail, or both.

Sponsors & Cosponsors

Sponsor

  • Geno Chiarelli

    Republican • House

Cosponsors

  • Adam Burkhammer

    Republican • House

  • Dave Foggin

    Republican • House

  • Scot C. Heckert

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 202 • No: 19

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 666)

Yes: 86 • No: 9

Senate vote • 3/13/2026

Passed Senate with amended title (Roll No. 577)

Yes: 28 • No: 2

House vote • 2/25/2026

Passed House (Roll No. 191)

Yes: 88 • No: 8

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/26

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House concurred in Senate amendment and passed bill (Roll No. 666)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. Completed legislative action

    3/14/2026House

  7. House Message received

    3/14/2026Senate

  8. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  9. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  11. Read 3rd time

    3/13/2026Senate

  12. Committee amendment adopted (Voice vote)

    3/13/2026Senate

  13. Passed Senate with amended title (Roll No. 577)

    3/13/2026Senate

  14. Senate requests House to concur

    3/13/2026Senate

  15. On 3rd reading with right to amend

    3/12/2026Senate

  16. Read 3rd time

    3/12/2026Senate

  17. Laid over on 3rd reading 3/12/2026 with right to amend

    3/12/2026Senate

  18. On 2nd reading

    3/11/2026Senate

  19. Read 2nd time

    3/11/2026Senate

  20. Reported do pass

    3/10/2026Senate

  21. Immediate consideration

    3/10/2026Senate

  22. Read 1st time

    3/10/2026Senate

  23. Reported do pass with amend and title amend but first to Health and Human Resources

    3/5/2026Senate

  24. To Health and Human Resources

    3/5/2026Senate

  25. Introduced in Senate

    2/26/2026Senate

Bill Text

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