H. B. 4150
(By Delegates Miley, Wooton, Barker, Moore,
Shook, Ferro, Ellem, Schoen and Sobonya)
[Introduced January 21, 2010; referred to the
Committee on the Judiciary then Finance
.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new chapter, designated §5I-1-1, §5I-1-2,
§5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6, §5I-1-7, §5I-1-8, §5I-1-9,
§5I-1-10 and §5I-1-11, all relating to the codification of the
West Virginia Partnership to Promote Community Well-Being;
duties and powers; membership; date by which members must be
appointed by Governor; reporting dates; creation of fund;
operative dates; designation of Partnership as repository of
data related to substance abuse; and rule-making authority.
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 chapter, designated §5I-1-1, §5I-1-2,
§5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6, §5I-1-7, §5I-1-8, §5I-1-9,
§5I-1-10 and §5I-1-11, all to read as follows:
CHAPTER 5I. ALCOHOL AND SUBSTANCE ABUSE.
ARTICLE 1. West Virginia Partnership to Promote Community Well-Being.
§5I-1-1. Short Title.
This article is known as the West Virginia Partnership to
Promote Community Well-Being Act.
§5I-1-2. Legislative findings.
The Legislature finds and declares that:
(1) The severity and pervasiveness of substance abuse and
dependency in West Virginia has reached alarming proportions;
(2) Substance abuse problems affect a broader segment of West
Virginia's citizens and their state and local governments than any
other single issue confronting us today and stand as barriers to
the state reaching its full potential;
(3) Substance abuse places a financial burden on state
government in West Virginia of $1.86 billion each year, according
to the Public Consulting Group;
(4) According to the federal Office of Justice Programs, drug
users are more likely to commit crimes, and those arrestees were
often under the influence of a drug at the time they committed
their offense;
(5) The West Virginia Governor's Commission on Prison
Overcrowding reports that the state has one of the highest
increasing rates of prison growth in the nation, and prison
population forecasts predict an increase of state inmates from
6,300 in 2009 to 10,304 in 2017, if the state continues with policies and practices currently employed by our criminal justice
system;
(6) The state's ability to prevent, treat and control the
problem of substance abuse is severely hampered by fragmented state
efforts and an adherence to failed past practices and an appalling
lack of financial resources brought to bear on the problem;
(7) A carefully planned and adequately funded approach to the
substance abuse problem is needed coordinating all branches of
state government, affected agencies, organizations and communities;
(8) The recommendations of the Blueprint for the States
developed by a National Policy Panel convened by Join Together and
the Boston University School of Public Health, calls for:
(A) States to create or strengthen alcohol and drug advisory
boards; and
(B) Responsibility for a statewide and authoritative strategy
to address substance use and related problems, incorporating all
appropriate agencies, to be held at the highest possible level in
state government;
(9) An organization or alliance of affected state agencies,
organizations and community representatives should exist to foster
collaborative planning, policy recommendations, funding strategies,
programs and services. This body should make recommendations to
and be directly accountable to the Governor and Legislature;
(10) The recently published Governor's Comprehensive Strategic Plan to Address Substance Abuse in West Virginia contains a call
for bold, aggressive action that reaches beyond the status quo in
changing the environment in our state that currently permits the
problem to thrive; and
(11) The Legislature further finds and declares that in order
to accomplish these purposes that the West Virginia Partnership to
Promote Community well-Being, created and established by this
article, will be acting in all respects for the benefit of the
people of the state of West Virginia to serve the public purposes
of improving and otherwise promoting their health and safety, and
that the West Virginia Partnership to Promote Community Well-Being,
so created and established, is empowered to act on behalf of the
state of west Virginia and its people in serving those public
purposes for the benefit of the general public of this state.
§5I-1-3. West Virginia Partnership to Promote Community
Well-Being, creation, members, and compensation.
(a) There is created the West Virginia Partnership to Promote
Community Well-Being, and it is designated as the state's substance
abuse prevention, intervention, treatment and recovery planning
body charged with producing a plan for the funding and effective
delivery of alcohol and drug treatment and prevention services,
including a thorough review of state law that establishes the
state's alcohol and drug policies.
(b) The Partnership shall:
(1) Establish grant application processes, make
recommendations to the Governor and the Legislature as to grant
recipients and oversee the implementation of grants to be expended
from federal, state and other public or private funds;
(2) Establish a long-term strategic plan for substance abuse
prevention, intervention, treatment and recovery and make
recommendations to the Governor and the Legislature for funding the
plan, including recommendations for:
(A) A strategy for delivering state-funded treatment and
prevention services;
(B) A priority of funding for treatment and prevention
services;
(C) Strategies to maximize accountability for performance of
treatment and prevention services;
(D) Methods to standardize data collection and reporting;
(E) A strategy to consolidate treatment and prevention
services and reduce the fragmentation in the delivery of services;
and
(F) Changes to the state's current alcohol and drug laws and
policies as they apply to the full continuum of substance abuse
services (i.e., prevention, early intervention, treatment and
recovery) necessary to reflect the most recent information and
strategies.
(3) Establish a data-gathering system to monitor the social and financial impact of substance abuse in West Virginia, compile
and analyze the data, make annual reports to the Governor and the
Legislature and disseminate the reports publicly by electronic and
other means for state, regional and local level prevention,
intervention, treatment and recovery planning and evaluation; and
(4) Conduct a review of state laws and rules that control drug
and alcohol policies and make recommendations for legislation
corresponding to the long-term strategic plan.
(c) The partnership may:
(1) Communicate with public bodies impacted by substance abuse
and its attendant problems, including, but not limited to, law
enforcement, corrections, courts, health care, including mental and
behavioral health care, child welfare, education, family resource
networks, counseling services and the faith-based community;
(2) Review and evaluate substance abuse prevention,
intervention, treatment and recovery programs to determine
comprehensive, scientific strategies for data-driven planning and
evidence-based practices;
(3) Adopt bylaws governing the management and operation of the
Partnership;
(4) Establish a steering committee and subcommittees. These
committees may be continuing or temporary;
(5) Subject to available funding, borrow, accept, hire or
contract for services of personnel;
(6) Accept any and all donations and grants of money,
equipment, supplies, materials and services, and to receive,
utilize and dispose of it;
(7) Establish a budget; and
(8) Exercise all other powers necessary for the discharge of
its duties and the implementation of this article.
(d) The West Virginia Partnership to Promote Community
Well-Being shall select one of its members as chairperson and
another as vice chairperson, for the terms and with the duties and
powers necessary for the performance of the functions of those
offices as the partnership determines.
(d) A majority of the voting members of the partnership
constitutes a quorum for the transaction of business.
(e) Official action of the partnership requires the approval
of a majority of the voting members on the partnership.
(f) Members may not receive compensation. Each ex officio
member of the Partnership is entitled to be reimbursed by their
employing agency for actual and necessary expenses incurred for
each day or portion of a day engaged in the discharge of official
duties in a manner consistent with guidelines of the travel
management office of the Department of Administration. All other
members of the partnership are entitled to expenses incurred by
them in the performance of their official duties in a manner
consistent with guidelines of the travel management office of the Department of Administration.
§5I-1-4. Partnership Membership.
(a) The membership of the West Virginia Partnership to
Promote Community Well-Being consists of:
(1) The following voting ex officio members:
(A) A representative from the Department of Revenue, Alcohol
Beverage Control Administration;
(B) A representative from the Department of Education, Office
of Healthy Schools;
(C) A representative from the Department of Health and Human
Resources, Bureau of Behavioral Health and Health Facilities;
(D) A representative from the Department of Health and Human
Resources, Bureau of Children and Families;
(E) A representative from the Department of Health and Human
Resources, Bureau of Public Health, Office of Epidemiology & Health
Promotion;
(F) A representative from the Department of Health and Human
Resources, Bureau of Public Health, Office of Maternal, Child &
Family Health;
(G) A representative from the Department of Military Affairs
and Public Safety, Division of Criminal Justice Services;
(H) A representative from the Department of Military Affairs
and Public Safety, Division of Juvenile Services;
(I) A representative from the Department of Military Affairs and Public Safety, WV State Police;
(J) A representative of the Department of Military Affairs and
Public Safety, Division of Corrections;
(K) A representative of the Supreme Court of Appeals, Division
of Probation Services;
(L) A representative of the Supreme Court of Appeals, Division
of Court Services;
(M) A representative of the West Virginia Judicial
Association, who shall be a nonvoting member;
(N) A representative of the West Virginia Prosecuting
Attorneys Association;
(O) A representative of the West Virginia Sheriffs
Association;
(P) A representative of the West Virginia Chiefs of Police
Association;
(Q) A representative of the West Virginia County Commissioners
Association;
(R) A representative of the West Virginia Board of Pharmacy;
(S) A representative of the West Virginia State Medical
Association;
(T) A representative of the West Virginia Hospital
Association;
(U) A representative of the West Virginia University or West
Virginia State University Cooperative Extension Service;
(V) A representative of the West Virginia Behavioral Health
Care Providers Association;
(W) A representative of the West Virginia Drug and Alcohol
Counselors Association;
(X) A representative of the West Virginia Controlled
Substances Advisory Group;
(2)Nineteen members appointed by the Governor, including:
(A) A consumer of drug or alcohol treatment services currently
in recovery;
(B) A representative of Medicaid or the health insurance
industry;
(C) A representative of the local business community;
(D) A representative of faith-based organizations;
(F) An alcohol or drug prevention professional specializing in
youth;
(G) A representative of the County Prevention Partnership in
Region One;
(H) A representative of the County Prevention Partnership in
Region Two;
(I) A representative of the County Prevention Partnership in
Region Three;
(J) A representative of the County Prevention Partnership in
Region Four;
(K) A student at a state university;
(L) A student of a state high school;
(M) Four representatives of public or private non-profit
organizations; and
(N) Four persons representing the community-at-large; and
(3) Two members of the Legislature appointed to the
partnership as nonvoting members, acting in an advisory capacity
only and including:
(A) One member from among members of the Senate appointed by
the President of the Senate; and
(B) One member from among members of the House of Delegates
appointed by the Speaker of the House of Delegates.
(b) (1) The nineteen members appointed by the Governor shall
have the following terms:
(A) Six for a term of four years;
(B) Six for a term of three years; and
(C) Seven for a term of two years.
(2) Successors to appointed members whose terms expire are
appointed for terms of four years. Vacancies are filled for the
unexpired term. An appointed member may not serve more than two
successive terms. Appointment to fill a vacancy may not be
considered as one of two terms.
§5I-1-5. Appointment of Members by Governor.
No later than July 1, 2010, the Governor shall appoint to the
West Virginia Partnership to Promote Community Well-Being the members specified in subdivision two, subsection (a), section four
of this article.
§5I-1-6. West Virginia Partnership to Promote Community Well-Being
Fund.
(a) The West Virginia Partnership to Promote Community
Well-Being Fund is created for the purposes specified in this
article.
(b) The West Virginia Partnership to Promote Community
Well-Being Fund is comprised of:
(1) Money made available to the fund by general or special
fund appropriations;
(2) Money made available to the fund by grants or transfers
from governmental or private sources; and
(3) Money realized by investments, interest, dividends or
distributions.
(c) The Treasurer may only disburse money from the fund for:
(1) Costs associated with the staffing, administration and
technical and legal duties of the partnership;
(2) Reasonable and necessary expenses incurred by the members
of the partnership in the performance of official duties; and
(3) Grants awarded by the partnership.
(d) Money remaining in the fund at the end of a fiscal year
does not revert to the General Revenue Fund of the state, but shall
remain in the fund to be used for the purposes specified in this article.
(e) The estimated budget of the fund for the next fiscal year
shall be included with the budget of the Office of the Governor.
(f) The fund shall be audited annually.
§5I-1-7. Initial Reporting Dates.
(a) No later than November 1, 2010, the West Virginia
Partnership to Promote Community Well-Being shall report to the
Governor with a specific plan for funding and more effectively
delivering alcohol and drug treatment and prevention services
across all agencies affected by substance abuse.
(b) The report must be completed in time for the Governor's
consideration in the development of the Governor's budget for the
year 2011.
(c) No later than November 1, 2010, the Partnership shall
report on the plan to the appropriate interim committee of the
Legislative Assembly and may include recommendations to the
Legislature for legislative changes necessary to implement the
plan.
(d) No later than October 1, 2012, the Partnership shall
report to the Legislative Assembly on the progress made to date
regarding outcomes of policy changes made by the Legislature and
may make recommendations for legislative changes.
§5I-1-8. Abolishing the West Virginia Partnership to Promote
Community Well-Being.
(a) The West Virginia Partnership to Promote Community
Well-Being established by Executive Order No. 8-04 is abolished.
On the operative date specified in section five of this article,
the tenure of office of the members of the West Virginia
Partnership to Promote Community Well-Being ceases.
(b) All of the duties, functions and powers of the West
Virginia Partnership tp Promote Community Well-Being are imposed
upon, transferred to and vested in the West Virginia Partnership to
Promote Community Well-Being.
§5I-1-9. Operative Date of the West Virginia Partnership to
Promote Community Well-Being.
Section five of this article becomes operative on the date on
which a majority of the members of the West Virginia Partnership to
Promote Community Well-Being have been appointed by the Governor.
§5I-1-10. Designation as the State Repository of Data Related to
Substance Abuse.
(a) The West Virginia Partnership to Promote Community
Well-Being is the state's primary repository of data concerning the
social and financial aspects of substance abuse.
(b) All state agencies shall report annually to the
Partnership on the burden substance abuse places on the agency,
including the financial costs associated with substance abuse.
(c) The State Board of Education shall require all secondary
schools in West Virginia to participate in a biannual statewide student survey that is sufficiently comprehensive to capture
regional and local-level information on drug and alcohol use by
students.
§5I-1-11. Rule-Making Authority.
The Partnership is authorized to propose legislative rules and
emergency rules necessary to implement the provisions of this
article in accordance with the provisions of article three, chapter
twenty-nine-a of this code.
NOTE: This bill was recommended for introduction and passage
by the Joint Standing Committee on the Judiciary. The purpose of
this bill is to codify the West Virginia Partnership to Promote
Community Well-Being established by Executive Order No. 8-04.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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