ENROLLED

H. B. 2841


(By Mr. Speaker, Mr. Kiss, and Delegates Martin,

Michael, Mezzatesta and Jenkins)



[Passed March 13, 1999; in effect July 1, 1999.]




AN ACT to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-q, relating to public health; establishing the "James 'Tiger" Morton" catastrophic illness fund; creating the "James 'Tiger' Morton" catastrophic illness commission; composition of the commission; terms of office; fund to receive gifts as well as amounts appropriated by the Legislature; expenses of the commission; reports to the Legislature.

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article five-q, to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
§16-5Q-1. Creation of the James "Tiger" Morton Catastrophic Illness Fund
.
There is hereby created in the state treasury a fund, designated the "James 'Tiger' Morton Catastrophic Illness Fund". Moneys in this fund shall be distributed in accordance with the provisions of this article. The purpose of this fund is to provide a source of economic assistance to the citizens of this state facing catastrophic illness. In addition to any funds appropriated by the Legislature, the Tiger Morton Fund may receive donations of cash or property from other sources, including gifts, grants, or donations from any source whatsoever: Provided, That expenditures may be made from this fund only upon appropriation by the Legislature.
§16-5Q-2. Catastrophic illness commission; composition; meetings.
There is hereby created the catastrophic illness commission.
The catastrophic illness commission shall be composed of shall be composed of the ombudsman from the department of health and human resources, a medical doctor licensed to practice medicine in this state, an attorney licensed to practice law in this state, two members from the public at large who are active in community affairs, a nurse licensed to practice in this state, and a social worker licensed in this state. The governor shall appoint the members to the catastrophic illness commission no later than the thirty-first day of August, one thousand nine hundred ninety-nine, and the commission shall hold its first meeting no later than the last day of September, one thousand nine hundred ninety-nine. The term of office for each member of the catastrophic illness commission is five years, except for the first appointments to the catastrophic illness commission shall be as follows: the medical doctor and attorney shall be appointed for an initial term of three years; the initial term of the nurse appointee and the licensed social worker appointee shall be four years; the initial term of the remaining members of the commission shall be five years. No more than five of the members may be from the same political party. Members of the catastrophic illness commission may receive expenses only up to one hundred twenty-five dollars per day, not to exceed fifteen thousand dollars in the aggregate per year, and shall meet at least quarterly. Special meetings may be called. The purpose of the catastrophic illness commission is to make an annual recommendation to the Legislature regarding appropriations from the catastrophic illness fund. This recommendation shall be made in writing to the Legislature no later than the second Wednesday of January, two thousand, and the second Wednesday of each year thereafter.