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Introduced Version Senate Bill 341 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 341

(By Senators Kessler, Foster, Barnes, Browning,
Deem, Jenkins, Laird, Palumbo, Stollings, Williams, Yost, Unger and Plymale)

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[Introduced January 25, 2010; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend and reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended, relating to creation of a special revenue fund known as the Department of Health and Human Resources Safety and Treatment Fund; control and use of the fund; and transferring to the Department of Health and Human Resources all employees, records responsibilities, obligations, assets and property of the Division of Motor Vehicles with respect to the safety and treatment program to the Department of Health and Human Resources.

Be it enacted by the Legislature of West Virginia:
That §17C-5A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5A. ADMINISTRATIVE PROCEDURE FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

§17C-5A-3. Safety and treatment program; reissuance of license.
(a) The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse, shall propose a legislative rule or rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code establishing a administer the comprehensive safety and treatment program heretofore established by the Division of Motor Vehicles for persons whose licenses have been revoked under the provisions of this article or section seven, article five of this chapter or subsection (6), section five, article three, chapter seventeen-b of this code and shall also establish the minimum qualifications for mental health facilities, day report centers, community correction centers or other public agencies or private entities conducting the safety and treatment program: Provided, That the Department of Health and Human Resources, Division of Alcoholism and Drug Abuse may establish standards whereby the division will accept or approve participation by violators in another treatment program which provides the same or substantially similar benefits as the safety and treatment program established pursuant to this section.
(b) The program shall include, but not be limited to, treatment of alcoholism, alcohol and drug abuse, psychological counseling, educational courses on the dangers of alcohol and drugs as they relate to driving, defensive driving or other safety driving instruction and other programs designed to properly educate, train and rehabilitate the offender.
(c) (1) The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse, shall provide for the preparation of an educational and treatment program for each person whose license has been revoked under the provisions of this article or section seven
, article five of this chapter or subsection (6), section five, article three, chapter seventeen-b of this code which shall contain the following: (A) A listing and evaluation of the offender's prior traffic record; (B) the characteristics and history of alcohol or drug use, if any; (C) his or her amenability to rehabilitation through the alcohol safety program; and (D) a recommendation as to treatment or rehabilitation and the terms and conditions of the treatment or rehabilitation. The program shall be prepared by persons knowledgeable in the diagnosis of alcohol or drug abuse and treatment.
(2) Effective July 1, 2010, there is hereby created a new special revenue account fund named the Department of Health and Human Resources Safety and Treatment Fund. This new fund is created for the sole purpose of receiving a portion of the fee for the safety and treatment program and the fund shall be administered by the Secretary of the Department of Health and Human Resources. Program providers shall continue to collect the established fee from each participant upon enrollment, except as provided in subdivision (8) of this subsection and to remit to the Department of Health and Human Resources a portion of the collected fee established by the secretary which shall be deposited in to the account designated as the Department of Health and Human Resources Safety and Treatment Fund. The deposits and gifts, bequeaths or donation for this purpose, in addition to appropriations to the fund, shall be deposited in the State Treasury in a special revenue account under the control of the Secretary of the Department of Health and Human Resources or his or her designee. Upon passage of this section, the Division of Motor Vehicles will transfer all moneys contained in Motor Vehicles Fees Fund to the new Department of Health and Human Resources Safety and Treatment Fund to facilitate the transfer of the administration of the Safety and Treatment Program from the Division of Motor Vehicles to the Department of Health and Human Resources.
(3) All interest accruing from investment of moneys in the Department of Health and Human Resources Safety and Treatment Program Fund shall be credited to that fund. The Legislative Auditor shall conduct an audit of the fund at least every three fiscal years.
(4) Costs of administration of the program and any other use consistent with the promotion of alcohol safety and treatment may
be paid from the Department of Health and Human Resources Safety and Treatment Fund by the Secretary of the Department of Health and Human Resources. The Secretary of the Department of Health and Human Resources shall, by legislative and emergency rules promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code, determine how funds collected in this fund are to be spent and how the Safety and Treatment Program will be administered.
(5) Upon the effective date of the enactment of this section, all records, responsibilities, obligations, physical assets and property of the Division of Motor Vehicles solely with respect to the driver's rehabilitation fund and the safety and treatment program are hereby transferred to the Department of Health and Human Resources.
(6) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective by the Governor, by any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which have been transferred hereunder to the Department of Health and Human Resources, and were in effect on the date the transfer occurred continue in effect, for the benefit of the department, according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law by the Governor, the Secretary of the Department of Health and Human Resources or other authorized official, a court of competent jurisdiction or by operation of law.
(2) (7) The Department of Health and Human Resources shall establish a fee by legislative rule proposed pursuant to article three chapter twenty-nine-a of this code to be collected from each offender enrolled in the safety and treatment program. The program provider shall collect the established fee from each participant upon enrollment unless the department has determined that the participant is an indigent based upon criteria established pursuant to subdivision (3) (8) of this subsection. The Department of Health and Human Resources shall reimburse enrollment fees to program providers for each eligible indigent offender.
(3) (8) The Department of Health and Human Resources shall establish by legislative rule, proposed pursuant to article three, chapter twenty-nine-a of this code, criteria to determine the eligibility for the payment of safety and treatment services for indigent offenders. The rule shall include, but is not limited to, the development of a criteria for determining eligibility; promulgation of application forms; establishment of procedures for the review of applications; and the establishment of a mechanism for the payment for safety and training services for eligible offenders.
(4) (9) On or before the fifteenth day of January 15, of each year, the Secretary of the Department of Health and Human Resources shall report to the Legislature on:
(A) The total number of offenders participating in the safety and treatment program during the prior year;
(B) The total number of indigent offenders participating in the safety and treatment program during the prior year;
(C) The total number of program providers during the prior year; and
(D) The total amount of reimbursements paid to program provider during the prior year.
(5) (10) The commissioner after giving due consideration to the program developed for the offender, shall prescribe the necessary terms and conditions for the reissuance of the license to operate a motor vehicle in this state revoked under this article or section seven, article five of this chapter or subsection (6), section five, article three, chapter seventeen-b of this code which shall include successful completion of the educational, treatment or rehabilitation program, subject to the following:
(A) When the period of revocation is six months, the license to operate a motor vehicle in this State shall may not be reissued until: (i) At least ninety days have elapsed from the date of the initial revocation, during which time the revocation was actually in effect; (ii) the offender has successfully completed the program; (iii) all costs of the program and administration have been paid; and (iv) all costs assessed as a result of a revocation hearing have been paid;
(B) When the period of revocation is for a period of one year or for more than a year, the license to operate a motor vehicle in this state shall may not be reissued until: (i) At least one half of the time period has elapsed from the date of the initial revocation, during which time the revocation was actually in effect; (ii) the offender has successfully completed the program; (iii) all costs of the program and administration have been paid; and (iv) all costs assessed as a result of a revocation hearing have been paid. Notwithstanding any provision in this code, a person whose license is revoked for refusing to take a chemical test as required by section seven, article five of this chapter for a first offense is not eligible to reduce the revocation period by completing the safety and treatment program.
(C) When the period of revocation is for life, the license to operate a motor vehicle in this State shall may not be reissued until: (i) At least ten years have elapsed from the date of the initial revocation, during which time the revocation was actually in effect; (ii) the offender has successfully completed the program; (iii) all costs of the program and administration have been paid; and (iv) all costs assessed as a result of a revocation hearing have been paid.
(D) Notwithstanding any provision of this code or any rule, any mental health facilities or other public agencies or private entities conducting the safety and treatment program when certifying that a person has successfully completed a safety and treatment program shall only have to certify that the person has successfully completed the program.
(d) (1) The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse, shall provide for the preparation of an educational program for each person whose license has been suspended for sixty days pursuant to the provisions of subsection (n), section two, article five-a of this chapter. The educational program shall consist of not less than twelve nor more than eighteen hours of actual classroom time.
(2) When a sixty-day period of suspension has been ordered, the license to operate a motor vehicle shall may not be reinstated until: (A) At least sixty days have elapsed from the date of the initial suspension, during which time the suspension was actually in effect; (B) the offender has successfully completed the educational program; (C) all costs of the program and administration have been paid; and (D) all costs assessed as a result of a suspension hearing have been paid.
(e) A required component of the rehabilitation program provided in subsection (b) of this section and the education program provided for in subsection (c) of this section shall be participation by the violator with a victim impact panel program providing a forum for victims of alcohol and drug-related offenses and offenders to share first-hand experiences on the impact of alcohol- and drug-related offenses in their lives. The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse, shall propose and implement a plan for victim impact panels where appropriate numbers of victims are available and willing to participate and shall establish guidelines for other innovative programs which may be substituted where the victims are not available to assist persons whose licenses have been suspended or revoked for alcohol and drug-related offenses to gain a full understanding of the severity of their offenses in terms of the impact of the offenses on victims and offenders. The plan shall require, at a minimum, discussion and consideration of the following:
(A) Economic losses suffered by victims or offenders;
(B) Death or physical injuries suffered by victims or offenders;
(C) Psychological injuries suffered by victims or offenders;
(D) Changes in the personal welfare or familial relationships of victims or offenders; and
(E) Other information relating to the impact of alcohol and drug-related offenses upon victims or offenders.
The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse, shall ensure that any meetings between victims and offenders shall be nonconfrontational and ensure the physical safety of the persons involved.


NOTE: The purpose of this bill is to create a new special revenue fund entitled the Department of Health and Human Resources Safety and Treatment Fund which was previously administered by the Division of Motor Vehicles. This bill transfers the authority to collect fees and spend money from the new fund to the Department of Health and Human Resources and to authorize the Department of Health and Human Resources to administer the fund. The bill also authorizes the Division of Motor Vehicles to transfer all funds in the Motor Vehicle Fees Fund to the newly created fund and to transfer any property and records from the safety and treatment program to the Department of Health and Human Resources.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill was recommended for introduction and passage during the 2010 Regular Session of the Legislature by the Joint Standing Committee on the Judiciary.
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