HOUSE CONCURRENT RESOLUTION NO. 151

(By Delegates Williams, Hamilton, Rowan, Duke, Moye, Butcher, D. Campbell, Craig, Ferro, Manypenny, Pino and D. Poling)

Requesting the Joint Committee on Government and Finance study the the creation of an Elder and Vulnerable Adult Victims Trust Fund.

    Whereas, Legislation has been introduced that would prevent a person who has taken the life or committed felony abuse of a decedent incapacitated adult from receiving an inheritance from that individual; and

    Whereas, If there are no other heirs-at-law, beneficiaries, or joint tenants of the decedent, the forfeited interest could be transferred to the state and directed to the Elder and Vulnerable Adult Victims Trust Fund, a special revenue fund in the Office of the State Treasurer that may be established by the Legislature; and

    Whereas, Funds from the Elder and Vulnerable Adult Victims Trust Fund could be used for programs that provide: (1) advocacy, crisis counseling, financial guardianship and similar services to victims of elder or vulnerable adult abuse, neglect or financial exploitation; (2) law enforcement, prosecution or court-based programs that enhance case investigations, prosecutions or victim assistance in criminal cases involving elder or vulnerable adult abuse, neglect or financial exploitation; (3) programs that develop and implement public education and awareness campaigns on elder or vulnerable adult abuse, neglect or financial exploitation; and (4) research initiatives that provide greater insight into elder and vulnerable adult abuse, neglect or financial exploitation and guidance on best practices for intervention and prevention strategies; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to conduct a study on the creation of an Elder and Vulnerable Adult Victims Trust Fund; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012 on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.