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2009 SESSION

096934680
HOUSE JOINT RESOLUTION NO. 708
Offered January 14, 2009
Prefiled January 14, 2009
Establishing a joint subcommittee to study the feasibility of requiring a gross receipts assessment on pharmaceutical manufacturers. Report.
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Patrons-- Phillips; Senator: Reynolds
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Referred to Committee on Rules
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WHEREAS, abuse of prescription medications has been on the rise in recent years, particularly in some of the Commonwealth's rural areas; and

WHEREAS, more programs are needed to prevent this type of addiction and to treat those who have already become addicted to prescription medications; and

WHEREAS, given the current economic climate, funding for such programs is scarce; and

WHEREAS, a gross receipts assessment could provide much-needed funds to help these citizens for the Commonwealth; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the feasibility of requiring a gross receipts assessment on pharmaceutical manufacturers.  The joint subcommittee shall have a total membership of 11 members that shall consist of eight legislative members, and three nonlegislative citizen members. Members shall be appointed as follows: five members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; three members of the Senate to be appointed by the Senate Committee on Rules; two nonlegislative citizen members, one of whom shall be a drug manufacturer holding a current permit issued by the Board of Pharmacy, and one of whom shall be a representative of the Board of Pharmacy to be appointed by the Speaker of the House of Delegates; and one nonlegislative citizen member who shall be a licensed health practitioner specializing in substance abuse and addiction to be appointed by the Senate Committee on Rules. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall (i) consider a suggested assessment of 0.25 percent on all manufacturers and 0.5 percent on manufacturers of abuse-prone prescription substances, (ii) examine the need for prevention, education, and treatment of addiction to abuse-prone prescription medications in the Commonwealth, and (iii) determine if the suggested assessment, or an assessment in another amount, is a feasible method for supporting such programs.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services.  Technical assistance shall be provided by Department of Health Professions. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2009 interim and four meetings for the 2010 interim, and the direct costs of this study shall not exceed $8,800 for each year without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk.  If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings for the first year by November 30, 2009, and for the second year by November 30, 2010, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee.  The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2009 or 2010 interim.