Senate Bill No. 657
(By Senators Prezioso, Jenkins, Wells, Kessler, Oliverio, Foster
and Stollings)
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[Introduced February 22, 2010; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to repeal §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4,
§18-10K-5 and §18-10K-6 of the Code of West Virginia, 1931, as
amended; to amend and reenact §7-14E-2 of said code; to amend
said code by adding thereto a new article, designated
§16-43-1, §16-43-2 and §16-43-3; to amend and reenact §50-3-2b
of said code; and to amend and reenact §59-1-11a of said code,
all relating to the creation of programs for the treatment of
traumatic brain injury; creating a special revenue fund;
assessing fees for specified activities; directing those fees
to the fund; authorizing the state Medicaid agency to apply
for a home- and community-based waiver to serve eligible
individuals; and authorizing the Bureau of Behavioral Health
and Health Facilities to create and administer a state program
for eligible individuals.
Be it enacted by the Legislature of West Virginia:
That §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5,
and §18-10K-6 of the Code of West Virginia, 1931, as amended, be
repealed; that §7-14E-2 of said code be amended and reenacted; that
said code be amended by adding thereto a new article, designated
§16-43-1, §16-43-2 and §16-43-3; that §50-3-2b of said code be
amended and reenacted; and that §59-1-11a of said code be amended
and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO
DEPUTY SHERIFF'S RETIREMENT SYSTEM AND THE
TRAUMATIC BRAIN INJURY FUND.
§7-14E-2. Statewide uniform fees for reports generated by sheriff's
offices; dedication of fees.
(a) The county commission of each county in this state shall
set a fee for obtaining certain reports. This fee shall be set at
a minimum of
ten dollars $20 for each report, with a maximum of
twenty dollars $30 for each report. $10 of the charge for each
report shall be deposited into the Deputy Sheriff Retirement Fund
created in section six, article fourteen-d of this chapter.
$10 of
the charge for each report shall be deposited into the Traumatic
Brain Injury Fund created in section two, article forty-three,
chapter sixteen of this code. The reports for which a charge may
be made are traffic accident reports, criminal investigation reports, incident reports and property reports.
(b) All sheriff's offices in this state shall collect a fee of
$5 for performing the following services: Adult private employment
fingerprinting; fingerprinting for federal firearm permits; motor
vehicle number identification; adult identification cards; and
photo-identification cards. Upon collection, these fees shall be
deposited into the Deputy Sheriff Retirement Fund created in
section six, article fourteen-d of this chapter.
(c) All sheriff's offices in this state shall collect a fee of
$5 for each nongovernmental background investigation report. Upon
collection, these fees shall be deposited into the Deputy Sheriff
Retirement Fund created in section six, article fourteen-d of this
chapter.
(d) No charge may be made under this section for any report or
reports made to governmental agencies.
(e) Any county commission which fails to make any payment due
the Deputy Sheriff Retirement Fund
and the Traumatic Brain Injury
Fund by the fifteenth day following the end of each calendar month
in which a fee or other contribution is received by the county's
sheriff may be required to pay the actuarial rate of interest lost
on the total amount owed for each day the payment is delinquent.
Accrual of the loss of earnings owed by the delinquent county
commission commences after the fifteenth day following the end of
the calendar month in which the fee or other contribution is due
and continues until receipt of the delinquent amount. Interest compounds daily and the minimum surcharge is $50.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 43. WEST VIRGINIA TRAUMATIC BRAIN INJURY ACT.
§16-43-1. TBI Programs.
(a) The Bureau for Medical Services is hereby authorized to
apply to the Centers for Medicare and Medicaid Services for a
waiver to administer a home and community based services program
for persons with traumatic brain injury who meet the eligibility
requirements for those services.
(b) There is hereby created within the Bureau for Behavioral
Health and Health Facilities, a state program for persons with a
traumatic brain injury. The bureau shall develop the eligibility
requirements for the state program and develop the appropriate
array of services, which may include, but not be limited to, case
management; rehabilitative therapies and services; attendant care;
home accessibility modifications; and family support services. The
array of services may change annually dependent upon the amount of
funding available for the program. This program is limited to
persons with traumatic brain injury who do not meet the eligibility
requirements for the program offered pursuant to subsection (a) of
this section.
(c) For purposes of this article, "traumatic brain injury" is
a nondegenerative, noncongenital insult to the brain caused by an
external physical force resulting in total or partial disability
and or psycho-social impairment.
§16-43-2. Fund created; administration of fund.
(a) There is created in the state treasury a special revenue
account to be designated the "Traumatic Brain Injury Fund" which
shall be an interest-bearing account that may be invested and
retain all earnings.
(b) All moneys received and deposited into the state treasury
and credited to the traumatic brain injury fund shall be expended
exclusively in accordance with the provisions set forth in this
article. Fifty percent of the moneys in the fund shall be
transferred to the state Medicaid agency for certification of the
state match for the home and community based waiver program as
authorized in this article. Fifty percent of the moneys in the
fund shall be transferred to the Bureau for Behavioral Health and
Health Facilities for the state program to provide services for
those persons with traumatic brain injury that are otherwise
ineligible for the waiver services.
(c) Nothing in this article may be construed to mandate
additional funding for the traumatic brain injury programs or to
require any additional appropriation by the Legislature.
§16-43-3. Limitations and priorities for use of the state program
funds.
The Bureau for Behavioral Health and Health Facilities shall
establish priorities and criteria for the provision of services in
the state program. In all instances, moneys expended for the state
program shall be as a payer of last resort and only for citizens of this state. An eligible individual shall use comparable benefits
and services that are available prior to the expenditure of moneys
available to that individual through the fund.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2b. Additional costs in certain criminal proceedings.
(a) In each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of
this code, there shall be imposed, in addition to other costs,
fines, forfeitures or penalties as may be allowed by law, costs in
the amount of $55. A magistrate court shall, on or before the tenth
day of the month following the month in which the costs imposed in
this section were collected, remit an amount equal to the amount
from each of the criminal proceedings in which the costs specified
in this section were collected to the magistrate court clerk or, if
there is no magistrate court clerk, to the clerk of the circuit,
together with information as may be required by the rules of the
Supreme Court of Appeals and the rules of the office of chief
inspector. At the end of each month, for purposes of further
defraying the cost to the county of enforcing the provisions of
section two, article five, chapter seventeen-c of this code or
section eighteen-b, article seven, chapter twenty of this code and
related provisions, these moneys shall be paid to the sheriff of the county and deposited in the general revenue fund of the county.
The provisions of this section shall be effective after June 30,
2004.
(b) In addition to the costs imposed in subsection (a) of this
section, in each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of
this code, there shall be imposed costs in the amount of $50, in
addition to other costs, fines, forfeitures or penalties as may be
allowed by law. A magistrate court shall, on or before the tenth
day of the month following the month in which the costs imposed in
this section were collected, remit an amount equal to the amount
from each of the criminal proceedings in which the costs specified
in this subsection were collected to the magistrate court clerk or,
if there is no magistrate court clerk, to the clerk of the circuit,
together with information as may be required by the rules of the
Supreme Court of Appeals and the rules of the office of chief
inspector. At the end of each month, the magistrate court clerk
shall deposit the moneys in the state treasury to the credit of the
"Traumatic Brain Injury Fund" as set forth in section two, article
forty-three, chapter sixteen.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL
ADVERTISEMENTS.
§59-1-11a. Additional costs in certain criminal proceedings.
(a) Except as provided in subsections (b),
and (c),
(d) and
(e) of this section, in each criminal case before a circuit court
in which the defendant is convicted, whether by plea or at trial,
under the provisions of section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven,
chapter twenty of this code, there shall be imposed, in addition to
other costs, fines, forfeitures or penalties as may be allowed by
law, costs in the amount of $55. For purposes of further defraying
the cost to the county of enforcing the provisions of section two,
article five, chapter seventeen-c of this code or section
eighteen-b, article seven, chapter twenty of this code and related
provisions, the clerk of the circuit court shall, on or before the
tenth day of the month following the month in which the costs
imposed in this section were collected, remit an amount equal to
the amount from each of the criminal proceedings in which the costs
specified in this subsection were collected to the sheriff of the
county who shall deposit the same in the general revenue fund of
the county.
(b) In each criminal case before a circuit court upon appeal
from a magistrate court in which the defendant is convicted,
whether by plea or at trial in the circuit court, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of
this code, there shall be imposed, in addition to other costs,
fines, forfeitures or penalties as may be allowed by law, costs in the amount of $55. For purposes of further defraying the cost to
the county of enforcing the provisions of section two, article
five, chapter seventeen-c of this code or section eighteen-b,
article seven, chapter twenty of this code and related provisions,
the clerk of the circuit court shall, on or before the tenth day of
the month following the month in which the costs imposed in this
section were collected, remit an amount equal to the amount from
each of the criminal proceedings in which the costs specified in
this subsection were collected to the sheriff of the county who
shall deposit the same in the general revenue fund of the county.
The provisions of this subsection shall not require payment of the
costs imposed by this subsection to the circuit court where the
costs have been paid in the magistrate court.
(c) In addition to the costs imposed in subsection (b) of this
section, in each criminal case before a circuit court upon appeal
from a magistrate court in which the defendant is convicted,
whether by plea or at trial in the circuit court, under the
provisions of section two, article five, chapter seventeen-c of
this code or section eighteen-b, article seven, chapter twenty of
this code, there shall be imposed costs in the amount of $50, in
addition to other costs, fines, forfeitures or penalties as may be
allowed by law. The clerk of the circuit court shall, on or before
the tenth day of the month following the month in which the costs
imposed in this section were collected, remit an amount equal to
the amount from each of the criminal proceedings in which the costs specified in this subsection were collected to the state treasury
to the credit of the "Traumatic Brain Injury Fund" as set forth in
section two, article forty-three, chapter sixteen of this code.
(c) (d) In each criminal case before a circuit court upon
appeal from a municipal proceeding in which the defendant is
convicted, whether by plea or at trial in the circuit court, under
the provisions of a municipal ordinance which has the same elements
as an offense described in section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven,
chapter twenty of this code, there shall be imposed, in addition to
other costs, fines, forfeitures or penalties as may be allowed by
law, costs in the amount of $55. For purposes of further defraying
the cost to the municipality of enforcing the provisions of the
ordinance or ordinances described in this subsection and related
provisions, the clerk of the circuit court shall, on or before the
tenth day of the month following the month in which the costs
imposed in this section were collected, remit an amount equal to
the amount from each of the criminal proceedings in which the costs
specified in this subsection were collected to the clerk of the
municipal court or other person designated to receive fines and
costs for the municipality from which the conviction was appealed
who shall deposit these moneys in the general revenue fund of the
municipality. The provisions of this subsection shall not require
payment of the costs imposed by this subsection to the circuit
court where the costs have been paid to the clerk of the municipal court or other person designated to receive fines and costs for the
municipality.
(e) In addition to the costs imposed in subsection (d) of this
section, in each criminal case before a circuit court upon appeal
from a municipal proceeding in which the defendant is convicted,
whether by plea or at trial in the circuit court, under the
provisions of a municipal ordinance which has the same elements as
an offense described in section two, article five, chapter
seventeen-c of this code or section eighteen-b, article seven,
chapter twenty of this code, there shall be imposed costs in the
amount of $50, in addition to other costs, fines, forfeitures or
penalties as may be allowed by law. The clerk of the circuit court
shall, on or before the tenth day of the month following the month
in which the costs imposed in this section were collected, remit an
amount equal to the amount from each of the criminal proceedings in
which the costs specified in this subsection were collected to the
state treasury to the credit of the "Traumatic Brain Injury Fund"
as set forth in section two, article forty-three, chapter sixteen.
(d) The provisions of this section shall be effective after
the thirtieth day of June, two thousand four.
NOTE: The purpose of this bill is to establish a funding
source and programs for persons with traumatic brain injury.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
§16-43-1, §16-43-2 and §16-43-3 is new; therefore, strike-throughs and underscoring have been omitted.