Senate Bill No. 1010
(By Senator Tomblin (Mr. President),
By Request of the Executive)
[Passed May 18, 2010; in effect from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-9c, relating to
creating a fund for the transfer of moneys from the Attorney
General to the Department of Health and Human Resources.
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 section, designated §9-2-9c,
to read as
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
§9-2-9c. Behavioral Mental Health Services Fund created.
There is created in the State Treasury a special revenue
account to be designated the "Behavioral Mental Health Services
Fund" which is an interest-bearing account that may be invested and
retain all earnings. On or before August 1, 2010, the State
Treasurer shall make a one-time transfer of $14,750,000 from Fund 1509 - Consumer Protection Recovery Fund, administered by the
Attorney General, into the Behavioral Mental Health Services Fund.
All moneys transferred to this fund shall be expended in accordance
with the settlement provisions of State of West Virginia v. Eli
Lilly and Company, Inc., United States District Court of the
Eastern District of New York, Civil Action No. 06-CV-5826. Nothing
in this article may be construed to mandate additional funding or
to require any additional appropriation by the Legislature.