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H. B. 4666
(By Delegates Perdue, Hatfield, Border, Moore, Lawrence,
Marshall, Manypenny, Phillips, Eldridge, Lane and C. Miller)
(Originating in the Committee on Finance)
[March 1, 2010]
A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-43-1, §16-43-2,
§16-43-3 and §16-43-4, all relating to substance abuse and
prevention; creating a special revenue account designated the
Prevention, Intervention, Treatment and Recovery Fund;
establishing an Alcohol and Drug Disbursement Board under the
Department of Health and Human Resources; providing for
membership on the board; providing powers and duties; and
establishing a grant program for substance abuse and
prevention, intervention, treatment and recovery.
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 §16-43-1, §16-43-2,
§16-43-3 and §16-43-4
, all to read as follows:
ARTICLE 43. SUBSTANCE ABUSE PREVENTION, INTERVENTION, TREATMENT
The purpose of this article is to take bold, aggressive action
against the substance abuse problems that are pervasive in this
state. Changing the environment in our state that currently permits
the problem to thrive requires the implementation of a well
developed state plan.
§16-43-2. Prevention, Intervention, Treatment and Recovery Fund
There is hereby created a special revenue account within the
State Treasury known as the
"Prevention, Intervention, Treatment
and Recovery Fund", which shall consist of all gifts, grants,
bequests, transfers, appropriations or other donations or payments
which may be received by the Alcohol and Drug Disbursement Board
from any governmental entity or unit or any person, firm,
foundation, or corporation.
The account shall be administered by
the Alcohol and Drug Disbursement Board, created in section three
of this article, for the
purposes set forth in this article in a
manner consistent with "The Governor's Comprehensive Strategic Plan
to Address Substance Abuse in West Virginia" and the
recommendations of the Partnership to Promote Community Well-Being
The account may be invested, and all earnings and interest accruing
shall be retained in the account.
Expenditures from the fund are
not authorized from collections, but are to be made only in
accordance with appropriation by the legislature and in accordance
with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter
eleven-b of this code.
§16-43-3. Creation of the Alcohol and Drug Disbursement Board.
(a) There is hereby created an alcohol and drug disbursement
board to focus on enhancing services available for prevention,
intervention, drug and alcohol treatment and recovery to encourage
the reduction of the effect of drug abuse on the state. The board
shall be staffed by the Bureau of Behavioral Health and Health
Facilities with required funding made available from the special
revenue account established in this article and approved by the
(b) The board shall consist of eleven members and the
Secretary of the Department of Health and Human Resources who shall
serve ex officio and be the chair. The board shall be appointed as
follows: One circuit court judge appointed by the judicial
association; one addiction specialist appointed by the Behavioral
Health Provider's Association; one representative of the
Partnership to Promote Community Well-Being; one representative of
the West Virginia Association of Alcohol and Drug Abuse Counselors;
one representative of the West Virginia Association of Fellowship
Homes; one representative of the Bureau of Behavioral Health and
Health Facilities; one representative of the Mental Health
Consumer's Association; one consumer representative of the
Partnership to Promote Community Well-being; one member of the
recovered community; one representative of sheriffs appointed by
the West Virginia Sheriffs Association; and one representative of the State Police appointed by the secretary of the Department of
Military Affairs and Public Safety. All decisions of the board
shall be evidence-based and data driven.
(c) The members of the board shall each serve terms that
commence on the January 1 2011. Of the initial appointments to the
board, four shall serve for two-year terms, three shall serve for
three-year terms and three shall serve for four-year terms.
Thereafter, each appointment shall be for a four-year term
commencing upon the expiration of his or her previous term or of
his or her predecessor's term. No member may be appointed for more
than three consecutive terms. Vacancies shall be appointed in a
like manner for the balance of an unexpired term.
Powers; duties of the board.
(a) After determination of available funding, the board shall
develop a grant program solely and exclusively for the purposes of
prevention, intervention, treatment and recovery consistent with
the findings of "The Governor's Comprehensive Strategic Plan to
Address Substance Abuse in West Virginia" and the recommendations
of the Partnership to Promote Community Well-Being. The decisions
of the board in awarding the grants shall be evidence-based and
data driven. The board shall develop an application form and
establish criteria to assist them in making the decisions on which
applications will receive money and how much money will be awarded.
Once the award has been made, the recipient will have a fixed
amount of time in which to execute the expenditures described in
their plan. The board will set forth in writing the amount of the award and the time frame for accomplishing the plan objectives.
There shall be priority consideration given to unserved or
underserved areas of the state.
(b) The board shall have an annual report prepared for the
Legislative Oversight Commission on Health and Human Resource
Accountability to detailing the funding decisions made by the board
and methodology used in making those decisions.