Senate Bill No. 193
(By Senators Wagner, Bailey, Bowman, Buckalew, Miller,
Wiedebusch and Yoder)
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[Originating in the Committee on Government Organization;
reported January 26, 1995.]
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A BILL to amend and reenact section two, article ten-a, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to continuation of
the division of rehabilitation services.
Be it enacted by the Legislature of West Virginia:
That section two, article ten-a, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 10A. VOCATIONAL REHABILITATION.
§18-10A-2. Division of rehabilitation services.
The division of rehabilitation services is hereby transferred
to the department of education and the arts created in article one,
chapter five-f of this code. The secretary shall appoint any such
board, commission or council over the division to the extent
required by federal law to qualify for federal funds for providing rehabilitation services for disabled persons. The secretary and
such boards, commissions or councils as he or she is required by
federal law to appoint are authorized and directed to cooperate
with the federal government to the fullest extent in an effort to
provide rehabilitation services for disabled persons.
References in this article or article ten-b of this chapter to
the state board of vocational education, the state board of
rehabilitation or the state board as the governing board of
vocational or other rehabilitation services or facilities shall
mean the secretary of education and the arts: Provided, That the
designation of the department of education and the arts as the
designated state agency for purposes of the state's participation
in the state-federal rehabilitation program under the federal
Rehabilitation Act of 1973 shall be effective upon a finding by the
federal rehabilitation services administration that the designation
of the department of education and the arts is in conformity with
requirements of federal law. Should the rehabilitation services
administration issue a formal finding of nonconformance, the state
board of education shall be continued as the state board of
rehabilitation, shall appoint such advisory boards as are required
by federal law and shall have such powers and duties as are set
forth in this article. All references in the code to the division of vocational rehabilitation shall mean the division of
rehabilitation services and all references to the director of the
division of vocational rehabilitation shall mean the director of
the division of rehabilitation services.
The director shall review the administrative and fiscal
structure of the West Virginia rehabilitation hospital and shall
report not later than the thirtieth day of September, one thousand
nine hundred ninety-four, to the joint committee on government and
finance. The report shall include a complete analysis of income
and expenditures attributable to the operation of the hospital,
analysis of alternatives for administrative and fiscal
modifications, and recommendations and conclusions as to whether
administrative and fiscal modifications should be implemented.
Within thirty days of the effective date of this section the
secretary of education and the arts shall hold a public hearing for
the purpose of hearing any concerns from employees, persons served
by the division or other interested persons related to any impact
on programs or services by the continuation of the division of
rehabilitation services under the department of education and the
arts.
Notwithstanding the provisions of article ten, chapter four of
this code, the division of rehabilitation services shall terminate
on the first day of July, one thousand nine hundred ninety-six, to allow for the completion of a full performance audit by the joint
committee on government operations.