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Introduced Version House Bill 2765 History

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hb2765 intr
H. B. 2765


(By Delegates Perdue, Spencer, Browning, Hunt,

Wells and Hatfield)

[Introduced March 1, 2005; referred to the

Committee on Health and Human Resources then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-33A-1, §16-33A-2 and §16-33A-3, all relating to creating a program to increase awareness of colon cancer and to increase participation in colon cancer screening and diagnostics designed to detect colon cancer; providing for a board working in collaboration with the Bureau for Public Health to administer a program designed to promote colon cancer awareness and related topics; providing funding to be used to promote colon cancer awareness; and, providing a voluntary check-off option for taxpayers to donate some or all of any tax refund they may be due to the program.

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 article, designated §16-33A-1, §16-33A-2 and §16-33A-3, all
to read as follows:
ARTICLE 33A. COLON CANCER DETECTION AND AWARENESS ACT.

§16-33A-1. Colon Cancer Detection and Awareness Program; Board.

(a) There is hereby established the Colon Cancer Detection and Awareness Program. The program shall be administered by a Colon Cancer Detection and Awareness Program Board whose members are appointed by the Commissioner of the Bureau for Public Health. The members shall be representative of consumers including persons with colon cancer, local health departments, health care providers and recognized experts in the provision of health services to victims of colon cancer.
(b) The Colon Cancer Detection and Awareness Program Board shall be responsible for advising the Commissioner with respect to the implementation of the provisions in this article. The Commissioner shall consult with the Colon Cancer Detection and Awareness Program Board for the purpose of determining efficacious methods to disseminate information which promote awareness of colon cancer as well as the benefits of early detection of the disease through screening and diagnostic testing.
(c) The Commissioner shall perform an evaluation of the state's system for early detection and treatment of colon cancer and shall submit to the Legislature and the Governor a report detailing his or her findings and recommendations concerning the state's response to the high incidence of colon cancer. The report shall be submitted no later than the first day of December, two thousand six, and shall reflect the evaluation of the at-risk population screened for colon cancer detection for the previous twelve months.
(d) The Colon Cancer Detection and Awareness Program Board shall meet at least three times a year to receive information and provide interaction, consultation and advice.
(e) The members of the Board shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performance of their duties.
§16-33A-2. Establishment of Colon Cancer Awareness Program and Diagnostic and Treatment Fund.

(a) There is hereby established the Colon Cancer Awareness Program and Diagnostic and Treatment Fund which shall be administered by the Colon Cancer Detection and Awareness Program Board in collaboration with the Bureau for Public Health for the purpose of promoting awareness of the dangers of colon cancer and the benefits of proactive diagnostic screening as a preventative and early detection measure to save lives.
(b) In addition to the funding source provided in section three of this article, the Fund may be comprised of moneys appropriated to the Fund by the Legislature, allocated to the Fund by the federal government and all other sums designated for deposit in the Fund from any source, public or private.
(c) The Colon Cancer Detection and Awareness Program Board, in collaboration with the Bureau for Public Health, shall file an annual report with the Joint Committee on Government and Finance describing the operation and status of the Fund, acts, policies, practices or procedures of the Board in implementing the provisions of this article, and the Board's and Bureau's recommendations as to changes in law or policy which are considered necessary or appropriate.
(d) Nothing in this article may be construed as mandating funding for the Colon Cancer Detection and Awareness Program Fund or to require any appropriation by the Legislature to the Fund.
§16-33A-3. Colon cancer awareness program and diagnostic and treatment voluntary checkoff option; Bureau for Public Health to propose rules.

(a) The Department of Revenue shall cause each West Virginia personal income tax return form to contain a provision whereby the taxpayer, and his or her spouse in the event of a joint return, may designate a portion or all of his or her tax refund to the Colon Cancer Detection and Awareness Program Fund checkoff option. The contribution made shall be credited to the Fund provided in section two of this article.
(b) The Department of Revenue shall determine by the first day of July of each year the total amount designated under the provisions of this section and shall report the amount to the State Treasurer. The State Treasurer shall credit the amount to the Fund provided in section two of this article, which shall be held on account for the Bureau for Public Health. Expenditures from the Fund shall be for the purposes set forth in this article.
(c) This section applies to all personal income tax returns required to be filed for tax years beginning on or after the first day of January, two thousand six, and before the first day of July, two thousand nine.


NOTE: The purpose of this bill is to create a program to increase awareness of colon cancer and to increase participation in colon cancer screening and diagnostics designed to achieve early detection of colon cancer. Other provisions in the bill intended to promote this purpose include providing for a board working in collaboration with the Bureau for Public Health to administer the program in order to promote colon cancer awareness and related topics, and providing funding to be used to promote colon cancer awareness. As a supplementary source of funding, the bill provides a voluntary check-off option for taxpayers to donate some or all of any tax refund they may be due to the program.


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