Consolidated prevention services.

2018
STATE OF WYOMING
18LSO-0330
Numbered
1.2

HOUSE BILL

NO.
HB0155

Consolidated prevention services.

Sponsored by:
Representative(s) Barlow, Clem, Halverson, Harshman and Sommers and Senator(s) Baldwin, Hastert, Peterson and Wasserburger

A BILL

for

AN ACT relating to public health and safety; creating a grant program for prevention services related to drug and alcohol abuse and suicide prevention; identifying sources of funding; prohibiting specified sources of funding; creating the Wyoming community prevention services council; specifying the council’s duties and membership; authorizing the expenditure of funds; providing a sunset date; allowing the department of health to promulgate rules; making conforming amendments; providing an appropriation; requiring a report; requiring an interim study; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S.
9
‑
2
‑
128 is created to read:

9
‑
2
‑
128
.

Consolidated prevention services; grant program
.

(a)

For purposes of this section, “prevent
ion
services” means
all activities
based on recognized best practices that
are designed to
prevent the use
,
misuse or abuse of tobacco, alcohol
or controlled substances and
activities
designed to prevent suicide.

(b
)

T
he department
of health
shall administer a grant program
for the support of community based prevent
ion
services
.
Exc
e
pt as provided by subsection (e)
of this section
and without dedicating monies that are otherwise legally
dedicated or
restricted
, the grant program shall consolidate and coordinate all fund
ing budgeted
to the department
through the state budgeting process
for

prevent
ion
services and, together with any funding appropriated by the legislature for purposes of this section, use the funding to provide grants to boards of
county commissioners
who submit applications
to the department of health
.
Boards of county commissioners
from two (2) or
more adjacent counties
may submit joint grant
proposals and share in any funding made available pursuant to an agreement
between
the boards and the department.
Grant funds may be provided to entities other than boards of county commissioners as provided in subsection (f) of this section.

(c
)

A board of county commissioners seeking a grant
pursuant to subsection (b
)
of this section shall
submit a grant application to the department
of health
on a form provided by the department. In the grant application
,
the board shall:

(
i
)

Provide a
description of the prevent
ion
services to be funded by the grant;

(ii)

Provide a
detailed description of the anticipated
cost of providing the services
to be funded by the grant, divided
into specific cost
categories;

(iii)

Disclose t
he requested grant amount
and provide a description of
any other funding
or other
contributions
that will be used to provide
the
prevention services;

(iv
)

Provide p
roof that the board has
recognized a
new or existing
prevent
ion
services coalition
with whom
the
county
will
c
ollaboratively develop strategies

and work
plans
for application of grant funding
and
whose mission it is
to assemble and integrate community stakeholders, to identify needs and to
provide
one (1) or more
prevention
services
;

(v
)

Designat
e
a qualified

county employee or county agency
who will be responsible for grant administration, tracking, reporting and compliance;

(
v
i
)

Identify the person in the county who serves on the community prevention services advisory council;

(v
i
i
)

Acknowledge the obligation to satisfy all
reasonable
financial and audit related requirements
required by the department

to assure the
appropriate expenditure of public funds, including the need to comply with the funding distribution, performance and outcome measurement requi
rements of W.S. 9
‑
2
‑
102
(a)(iii).

(d
)

Funds granted pursuant to
subsections (b) and (c
) of thi
s se
ction shall be deposited into a
separate
account
maintained
by the
receiving county’s
treasurer
and shall be distributed
by the board of county commissioners
only
for the support of prevention services and
consistent with

reasonable
grant conditions and contract require
ments imposed by the department
. If more than one
(1)
county will receive funds pursuant to a grant, the treasurer of the county with the largest population shall hold the funds on behalf of all
grantee
counties.

(e
)

In administering the grant program required by this section and
when
consolidating available
funds
for the purpose of
funding grants
, the department
shall
disregard
and not
make available
funds that, in the sole discretion of the department, are
necessary to maintain financial support to municipalities and other entities
who provide
prevent
ion
services in an efficient and effective manner without use of the grant program established by this section.

(f)

I
n any county which does not submit a grant application pursuant to subsections (b) and (c) of this section,
or in
any county where a grant application has been denied, the department of health shall seek alternative entities
to whom
an equitable share of
grant funding
can be awarded in order to provide preventive services in
the county.

(g
)

The Wyoming community prevention services advisory council is hereby established to
:

(
i
)

Inform
the department of health
, boards of county commissioners, prevention services coalitions and the public
on the best ways to integrate
and deliver
community prevent
ion
service
s in order to
achieve efficiencies and to increase the quality and quantity of prevent
ion
services offered in Wyoming
;

(i
i
)

Foster partnerships and outreach
between and within
prevent
ion
service
s
coalitions;

(i
i
i
)

Coordinate
training
, education
and support for
preven
tion
service
s
coalitions, prevent
ion
service providers and the public;
and

(iv
)

Receive funds,
if available, for the purpose of executing its duties
and, if necessary, organize and structure itself in a manner necessary to receive appropriate funds
.

(h
)

The community prevent
ion
services advisory council shall be composed of the following members
, each of whom shall be considered a voting member
:

(
i
)

One (1)
representative from each Wyoming county,

appointed by each board of county commissioners
on or before May 1 of each year and, after a
n initial
member is appointed, on or before May
1 of any year when a replacement
member is appointed;

(ii)

The director of the department of health
, or his designee, as an ex
‑
officio, nonvoting member
.

(j
)

The

community prevention
services advisory council shall
elect a chair
man
from among its members
. The council
shall meet two (2) times each year and at additional times
as may be called by the chair
man
or by a vote of a majority of the members. Each member of the council who is a government employee shall be considered to be engaged in the official conduct of their employment while engaged in council business. No member of the council shall receive
separate
compensation
for service on the council, but if funding is available, may receive
payment for travel and other necessary expenses incurred while attending meetings of the council.

(k
)

Funding made available for grants under this section may be expended by the department
to pay the expenses of the
community prevent
ion
services advisory council
.

(
m
)

The department of health
may
promulgate rules necessary for the administration of the grant program authorized by this section.

Any
rules
may
include audit and
reporting provisions designed to ensure the proper expenditure of
grant funds.

(
n
)

N
othing in this section shall obligate a board of county commissioners
or other grant recipient
to allocate funding
or operate any program
for prevention services
other than as required in a

grant awarded
to the board
pursuant to subsection (b) of this section.

(
o
)

This section is repealed effective June 30, 2020.

Section 2
.

W.S. 9
‑
2
‑
2701(c) is amended to read:

9
‑
2
‑
2701
.

Substance abuse control plan.

(c)

The department of health shall certify programs, providers and facilities which meet the requirements of the rules and regulations adopted under subsection (b) of this section provided the department of corrections and department of health shall certify programs in state correctional facilities and the secure treatment facilities authorized pursuant to W.S. 9
‑
2
‑
2704. Beginning July 1, 2004, no state funds provided for substance abuse treatment shall be allocated to programs, providers or facilities which are not certified by the department of health.
Beginning July 1, 2004, courts shall not refer individuals for substance abuse or related treatment to programs, providers or facilities which are not certified to provide those services for which the individual is referred.
This subsection shall
not apply t
o
funds distributed for preven
tion
services
under W.S. 9
‑
2
‑
128
when the services
do not constitute substance abuse treatment.

Section 3
.

There is appropriated two million dollars ($2,000,000.00) from the general fund to the department of health
.
This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2020. This appropriation shall only be expended
for the purpose of funding grants under the grant program created by this act and for paying other expenses authorized by this act.
The department may use all or a part of this appropriation to award grants which prioritize suicide prevention services.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expe
nded for any other purpose and
a
n
y unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2020.

Section 4
.

The department of health shall
report to the
joint labor
, health and social service interim committee
on the implementation of the grant program created by this act
on or before
September 1
, 2018.

Section 5
.

The joint labor, health and social service interim committee shall stu
dy existing prevention service
programs during the 2018
and 2019
interim
s for the purpose of recommending the continuation
, improvement
or sunsetting of the grant program created by this act. As part of this task, the committee shall consider whether this grant program could be incorporated into an existing program and shall consider whether Wyoming statutory provisions need to be repealed or amended to provide a more uniform and efficient system for the administration and promotion of prevention services.

Section 6
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0155