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Engrossed Version House Bill 4666 History

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COM SUB 2 LINES
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

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 AND RECOVERY.

§16-43-1. Purpose.
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 created.
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 board.
(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.
§16-43-4.
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.
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