Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2349 History

DOWNLOAD  wpd  |  Email


H. B. 2349

 

         (By Delegates Moore, Manypenny, Iaquinta,

                Manchin and Hatfield)


         [Introduced January 12, 2011; referred to the

         Committee on Health and Human Resources then Finance.]

 

 

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; and 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§18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5, and §18-10K-6 of the Code of West Virginia, 1931, as amended, be repealed; that §7-14E-2 of said code be amended and reenacted, that said code be amended by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3;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. Ten dollars 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. Ten dollars 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. Traumatic Brain Injury 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 are new; therefore, it has been completely underscored.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **