Senate Bill No. 262

(By Senators Cookman, Miller and Fitzsimmons)

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[Introduced January 8, 2014; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-22, relating to prohibiting recipients of state assistance under the Supplemental Nutrition Assistance Program from purchasing certain items determined to be nonfood items.

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 §9-5-22, to read as follows:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-22. Recipient of Supplemental Nutrition Assistance Program              prohibited from certain purchases.

    Notwithstanding any other provision in this code to the contrary, the Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, consistent with federal laws and rules, providing that sugary soft drinks or carbonated drinks, candy, cookies, snack crackers or ice cream are nonfood items and not eligible for purchase by recipients of assistance under the federal Supplemental Nutrition Assistance Program administered by the state.

    NOTE: The purpose of this bill is to prohibit recipients of public assistance under the federal Supplemental Nutrition Assistance Program from the purchase of certain items determined to be nonfood items.

    This section is new; therefore, strike-throughs and underscoring have been omitted.