H. B. 2258
(By Delegates Farris and Kessel)
[Introduced February 23, 1993; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-e, relating to
handicapped persons; establishing the technology related
assistance trust fund for individuals with disabilities and
the technology related assistance trust fund for individuals
with disabilities commission; providing a short title,
defining certain terms; and providing for the membership of
the technology related assistance trust fund for individuals
with disabilities commission and its powers, duties and
compensation; allowing the department of health and human
resources, in conjunction with the commission and other
related associations to develop criteria for funds;
increasing court costs for violations of certain traffic law
offenses; requiring the deposit of certain court costs into
the trust fund; and providing for disbursement of trust fund
money.
Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-e, to read
as follows:
ARTICLE 2E. TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES ACT.
§5B-2E-1. Short title.
This article shall be known and may be cited as the
"Technology Related Assistance for Individuals with Disabilities
Act."
§5B-2E-2. Legislative findings and declarations.
Individuals with disabilities comprise a significant and
increasing percentage of West Virginia's population. The
Legislature finds and declares that action is necessary to assist
these individuals in their homes, schools, employment and
communities to become more independent citizens of the state.
Many of these individuals require technology related devices and
technology related services in order to perform functions, such
as caring for themselves, performing manual tasks, walking,
seeing, hearing, speaking, breathing and learning in order to
have the ability to participate in society and the work force.
The Legislature finds that the majority of these individuals
incurred a permanent disability resulting from accidental
injuries and crime related incidents. In order to meet present
and increasing needs of West Virginians for technology relateddevices and technology related services, it is necessary for the
state to provide funds that neither supplant nor replace existing
state or federal funds for the technology related trust fund for
individuals with disabilities.
§5B-2E-3. Terms defined.
As used in this article, the term:
(a) "Commission" means the technology related assistance
trust fund for individuals with disabilities commission created
in section four of this article.
(b) "Individual with disability" means any individual of any
age who, for the purposes of state or federal law, is considered
to have a disability or handicap, including victims of crimes,
injuries and chronic health conditions, whether congenital or
acquired; and who is or would be enabled by technology related
devices or technology related services to maintain or improve his
or her ability to function in society and the workplace.
(c) "Qualifying borrower" means any individual, nonprofit
corporation, joint venture or partnership which demonstrates that
the loan will assist one or more persons with disabilities to
improve their independence or become more productive members of
the community. The individual must demonstrate credit worthiness
and repayment abilities to the satisfaction of the commission.
(d) "Technology related assistance" means either the
provision of technology related devices or technology related
services to improve the independence, quality of life, or
productive involvement in the community of individuals withdisabilities.
(e) "Technology related device" means any item, piece of
equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase,
maintain, or improve functional capabilities of individuals with
disabilities.
(f) "Technology related service" means any service that
directly assists an individual with a disability in the
selection, acquisition, or use of a technology related device,
including:
(1) The evaluation of the needs of an individual with a
disability, including a functional evaluation in the individual's
customary environment;
(2) Purchasing, leasing, or otherwise providing for the
acquisition of technology related devices by individuals with
disabilities;
(3) Selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing technology related
devices;
(4) Coordinating and using other therapies, interventions,
or services with technology related devices, such as those
associated with existing education and rehabilitation plans and
programs; and
(5) Training or technical assistance for an individual or
the family of an individual with disabilities; for professionals,
including individuals providing education and rehabilitationservices; employers; or other individuals who provide services to
employ, or are otherwise substantially involved with individuals
with disabilities.
(6) "Trust fund" means the technology related assistance
trust fund for individuals with disabilities established in
section nine of this article.
§5B-2E-4. Commission created, membership, terms, officers and
staff.
(a) There is established the technology related assistance
trust fund for individuals with disabilities commission which is
assigned to the department of health and human resources for
administrative purposes only.
(b) The commission shall consist of nine members appointed
by the governor. Members shall be appointed for terms of four
years, their initial appointments, however, being three for four-
year terms, three for three-year terms, and three for two-year
terms. State officers or employees may be appointed to the
commission unless otherwise prohibited by law. As a group, the
citizen members shall demonstrate knowledge in the area of
technology related assistance as users or providers of
rehabilitative services to the extent practicable. The members
shall be composed of the following groups:
(1) The secretary of the department of health and human
resources or a designee;
(2) The state auditor or a designee;
(3) A certified public accountant;
(4) An experienced consumer lender; and
(5) Five citizens representing persons with a range of
disabilities.
(c) In the event a commission member is unable to attend
twenty-five percent of the scheduled meetings in a twelve month
period, the commission may elect to remove that member after
written notification to that member and the governor.
(d) In the event of death, resignation, disqualification, or
removal for any reason of any member of the commission, the
vacancy shall be filled in the same manner as the original
appointment and the successor shall serve for the unexpired term.
(e) The initial terms for all members shall begin on the
first day of July, one thousand nine hundred ninety-three.
(f) Membership on the commission does not constitute public
office and no member is disqualified from holding public office
by reason of his or her membership.
(g) The governor shall designate a chairperson of the
commission from among the members. The chairperson shall serve
in that position at the pleasure of the governor. The commission
may elect other officers and committees as it considers
appropriate.
(h) The commission shall employ, at a minimum, one program
coordinator and one administrative secretary. The commission,
with the approval of the governor, may employ such professional,
technical, or clerical personnel as deemed necessary to carry out
the purposes of this article. The compensation of personnelshall be paid from moneys in the trust fund. Commission
personnel may be members of the state civil service system. The
commission shall utilize existing state resources and staff of
participating departments whenever practicable. Personnel
expenses and other costs authorized in this subsection shall be
paid from moneys in the trust fund.
§5B-2E-5. Compensation and expenses of commission.
Members of the commission shall receive as compensation
fifty dollars per diem for each day the member of the commission
is in attendance at a meeting of the commission, plus either
reimbursement for actual transportation costs while traveling by
public carrier or the same mileage allowance for use of a
personal car in connection with such attendance as members of the
Legislature receive. Members with disabilities shall be
compensated for costs associated with personal assistance,
interpreters, and disability related accommodations for the
purpose of conducting the business of the commission. Expense
allowances and other costs authorized in this section shall be
paid from moneys in the trust fund.
§5B-2E-6. Power, duties and responsibilities of the commission;
loans.
(a) The commission shall do all of the following:
(1) Meet at such times and places as it determines necessary
or convenient to perform its duties. The commission shall also
meet on the call of the chairperson or the governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules for the transaction of its business;
(4) Promulgate rules in accordance with the provisions of
chapter twenty-nine-a of this code, to carry out the purposes of
this article, which rules ensure that individuals, profit and
nonprofit corporations and partnerships are eligible for loans;
(5) Administer and disburse funds to support purposes
established by this chapter and contract with state or community
based groups dealing with individuals with disabilities to assist
in administering programs established by this article;
(6) Maintain records of all expenditures of the commission,
funds received as gifts and donations and disbursements made from
the trust fund; and
(7) Conform to the standards and requirements prescribed by
the state auditor.
(b) The commission shall be able to enter into loan
agreements with any qualifying borrower, who must demonstrate
that:
(1) The loan will assist one or more individuals with
disabilities in improving their independence or in becoming more
productive members of the community; and
(2) The applicant has the ability to repay the loan. Any
necessary loan limitation shall be determined by the commission.
All loans must be repaid within such terms and at such interest
rates as the commission may determine to be appropriate.
(c) The commission may award loans to qualifying borrowers
for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to
improve their independence through the purchase of technology
related devices; and
(2) To assist one or more individuals with disabilities to
become more independent members of the community and improve such
individual's quality of life within the community through the
purchase of technology related devices.
§5B-2E-7. Collection of added court costs for traffic offenses.
To assist individuals with disabilities resulting from motor
vehicle accidents and other persons with disabilities, the
following court costs shall be collected and deposited in the
technology related assistance trust fund:
(a) In every case in which any court imposes a fine, which
shall be construed to include costs, for any offense prohibited
by section three, article five, chapter seventeen-c, relating to
reckless driving, and section two, article five of this code,
relating to driving under the influence of alcohol or drugs,
there shall be imposed as an additional cost a sum equal to five
percent of the original fine.
(b) In every case in which any court imposes a fine, which
shall be construed to include costs, for any offense prohibited
by article six, chapter seventeen-c of this code, which offense
relates to speed restrictions, there shall be imposed as an
additional cost a sum equal to two dollars for every mile over
the posted speed limit or restriction.
(c) The sums shall be assessed and collected by the courtofficer charged with the duty of collecting court costs and
moneys arising from fines and shall be paid over to the secretary
of health and human resources by the last day of the month and
shall be deposited by him or her into the technology related
assistance trust fund for individuals with disabilities.
(d) Any person whose duty it is to collect and remit the
sums provided in this section who fails or refuses to remit such
sums by the date required by this section is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than five hundred dollars, or imprisoned in the county jail
not more than six months, or both fined and imprisoned.
§5B-2E-8. Trust fund deposits.
The commission may accept federal funds granted by Congress
or executive order for the purposes of this article as well as
gifts and donations from individuals, private organizations or
foundations. The acceptance and use of federal funds does not
commit state funds and does not place an obligation upon the
Legislature to continue the purposes for which the federal funds
are made available. All funds received in the manner described
in this article shall be deposited in the trust fund to be
disbursed as other moneys in the trust fund.
§5B-2E-9. Criteria for disbursements.
The commission shall develop criteria for determining
disbursements from the trust fund in conjunction with the
department of health and human resources under the direction of
the secretary.
§5B-2E-10. Fund created.
The technology related assistance trust fund for individuals
with disabilities is created as a separate fund in the state
treasury. The trust fund shall be expended only as provided in
this article.
§5B-2E-11. Deposits credited by the secretary of health and
human resources.
The secretary of health and human resources shall credit to
the trust fund all amounts paid, appropriated or donated to the
trust fund. All funds appropriated to or otherwise paid into the
trust fund shall be presumptively concluded to have been
committed to the purpose for which they have been appropriated or
paid.
§5B-2E-12. Disbursements approved by the governor.
After determining that a disbursement should be made and
after approval of disbursement by the governor, the commission
shall be authorized to draw a warrant or warrants upon the trust
fund to pay the amount of the disbursement from the trust fund.
§5B-2E-13. Priority of fund use.
The moneys collected in the trust shall be used, in the
following order, but not limited to, such order of priority to:
(a) Implement a revolving loan program for technology
related devices;
(b) Provide technology related devices to individuals with
severe disabilities who meet economic criteria established by the
commission;
(c) Provide support for technology related assistance;
(d) Provide technology related compensation to crime victims
without resources for technology related assistance;
(e) Provide technology related and disability prevention
education and research;
(f) Disseminate public information;
(g) Conduct program evaluation and needs assessment;
(h) Operate the commission;
(i) Conduct research and demonstration projects, including
new and future uses of technology related services; and
(j) Develop a strategic plan.
NOTE: The purpose of this bill is to establish a technology
related assistance trust fund and commission for individuals with
disabilities. The bill provides for a fund to be established to
receive moneys by appropriation, gift or otherwise to be
available for use by the commission on approval of the governor
to pay for evaluations, equipment, purchases, training and other
items and services to help qualified people with disabilities to
maintain jobs and live independently. The bill also adds certain
court costs for various traffic law violations and requires that
these costs be deposited in the trust fund.
This article is new; therefore, strike-throughs and
underscoring have been omitted.