H. B. 4009
(By Mr. Speaker, Mr. Kiss and Delegate Trump)
[By Request of the Executive]
[Passed March 13, 2004; in effect ninety days from passage.]
to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-1-11, relating to
creating the position of state Americans with disabilities
within the department of administration; powers
and duties; authorizing assessing fees to other state agencies
for the coordinator's services; creating special fund; annual
report; and sunset provision.
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 §5A-1-11, to read as
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-11. State Americans with disabilities coordinator.
(a) There is hereby created within the department of
the position of the state Americans with
, who shall be appointed by the secretary
of the department of administration with input from the chairperson from each of the following four councils:
(1) The developmental disabilities council;
(2) The statewide independent living council;
(3) The mental health planning council; and
(4) The state rehabilitation council.
(b) The coordinator shall be a full-time employee, and shall
have an in-depth working knowledge of the challenges facing persons
with disabilities. The coordinator may be a current employee of
the department of administration or other state agency employee.
(c) The coordinator shall:
(1) Advise the director of personnel in the development of
comprehensive policies and programs for the development,
implementation and monitoring of a statewide program to assure
compliance with 42 U.S.C. §12101, et seq., the federal Americans
with Disabilities Act;
(2) Assist in the formulation of rules and standards relating
to the review, investigation and resolution of complaints of
discrimination in employment, education, housing and public
(3) Consult and collaborate with state and federal agency
officials in the state plan development;
(4) Consult and collaborate with agency Americans with
disabilities officers on the appropriate training for managers and
supervisors on regulations and issues;
(5) Represent the state on local, state and national
committees and panels related to Americans with disabilities;
(6) Advise the governor and agency heads on Americans with
(7) Consult with state equal employment opportunity officers
on the hiring of persons with disabilities; and
(8) Be available to inspect and advise the leasing section of
the division of purchasing on all physical properties owned or
leased by the state of West Virginia for compliance with 42 U.S.C.
§12101, et seq., the federal Americans with Disabilities Act.
(d)(1) The secretary of the department of administration may
assess, charge and collect fees from each state spending unit which
utilizes the services of the coordinator
, for the direct costs and
expenses incurred by the coordinator in providing those services.
Costs and expenses include travel, materials, equipment and
supplies. Moneys shall be collected through the division of
(2) A state spending unit
shall agree in writing to all costs
and expenses before the services by the Americans with disabilities
coordinator are rendered.
(e) There is hereby created in the department of
administration a special fund to be named the "Americans with
Disabilities Coordinator Fund", which shall be an interest-bearing
account and may be invested in accordance with the provisions of
article six, chapter twelve of this code, with the interest income
a proper credit to the fund.
Funds paid into the account may be
derived from the following sources:
(1) All moneys received from state spending unit
s for the costs and expenses incurred by the state Americans with
disabilities coordinator for providing services related to the
state's implementation and compliance with 42 U.S.C. §12101, et
seq., the federal Americans with Disabilities Act;
(2) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation; and
(3) All interest or return on investment accruing to the fund.
(f) Moneys in the fund are to be used for the costs and
expenses incurred pursuant to this section. Any balance including
accrued interest in this special fund at the end of any fiscal year
shall not revert to the general revenue fund, but shall remain in
the fund for use by the secretary of the department of
administration for providing additional Americans with disabilities
coordinator services within the state of West Virginia in the
ensuing fiscal years.
(g) The secretary of the department of administration shall
ly on the fund to the governor, president of the
Senate and speaker of the House of Delegates. The report must be
on CD ROM or other electronic media and shall not be in print
(h) The state Americans with disabilities coordinator shall
continue to exist until the first day of July, two thousand nine,
unless sooner terminated, continued or reestablished pursuant to
the provisions of article ten, chapter four of this code.