H.
B.
4030
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
(By Request of the Executive)
[Introduced January 17, 1994; referred to the
Committee on Government Organization then Finance.]
A BILL to repeal article twenty-nine-a, chapter sixteen and article twelve-a, chapter nineteen, both of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article two, chapter five-f of said code; to amend and reenact sections two and three, article thirty-two, chapter sixteen of said code; to amend and reenact sections one, three, four and six, article twenty, chapter twenty-nine of said code; to amend and reenact sections one, two, three, four, four-a, five, seven, nine and twelve, article ten-a, chapter eighteen of said code; to amend article one, chapter nineteen of said code by adding thereto a new section, designated section one-a, all relating to the reorganization of certain governmental agencies including the women's commission, the asbestos control program, the division of banking, the board of banking and financial institutions; the lending rate board, the structural barriers compliance board, the municipal bond commission, the division of rehabilitation services, the commission on the hearing impaired, and the human rights commission; the abolishing of the office of the secretary of commerce, labor and environmental resources, reorganization of the department of commerce, labor and environmental resources and abolishment of the farm management commission and hospital finance authority.
Be
it
enacted
by
the
Legislature
of
West
Virginia:
That article twenty-nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that article twelve-a, chapter nineteen of said code be repealed; that section one, article two, chapter five-f of said code be amended and reenacted; that sections two and three, article thirty-two, chapter sixteen of said code be amended and reenacted; that sections one, three, four and six, article twenty, chapter twenty-nine of said code be amended and reenacted; that sections one, two, three, four, four-a, five, seven, nine and twelve, article ten-a, chapter eighteen of said code be amended and reenacted; that article one, chapter nineteen of said code be amended by adding thereto a new section, designated section one-a, all to read as follows:
CHAPTER
5F. REORGANIZATION OF THE
EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2.
TRANSFER OF AGENCIES AND BOARDS.
5F-2-1. Transfer and incorporation of agencies and boards;
funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of administration:
(1) Building commission provided for in article six, chapter five of this code;
(2) Public employees insurance agency and public employees insurance agency advisory board provided for in article sixteen, chapter five of this code;
(3) Council of finance and administration provided for in article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in article four-a, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided for in article twenty-nine, chapter eighteen and article six-a, chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty-three, chapter twenty-nine of this code;
(10) Public defender services provided for in article twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six, chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in article two, chapter six-b of this code; and
(13) Consolidated public retirement board provided for in article ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of commerce, labor and environmental resources:
(1) Forest management review commission provided for in article twenty-four, chapter five of this code;
(2) Division of tourism and parks provided for in article one, chapter five-b of this code;
(3)
Office of community and industrial development or successor agency provided for in article two, chapter five-b of this code The West Virginia development office provided for in article two, chapter five-b of this code.
(4) Enterprise zone authority provided for in article two-b, chapter five-b of this code;
(5) Office of federal procurement assistance provided for in article two-c, chapter five-b of this code;
(6) Labor-management council provided for in article four, chapter five-b of this code;
(7) Public energy authority and board provided for in chapter five-d of this code;
(8) Air pollution control commission provided for in article twenty, chapter sixteen of this code;
(9) Solid waste management board provided for in article twenty-six, chapter sixteen of this code;
(10) Division of forestry and forestry commission provided for in article one-a, chapter nineteen of this code;
(11) Division of natural resources and natural resources commission provided for in article one, chapter twenty of this code;
(12) Water resources board provided for in article five, chapter twenty of this code;
(13) Water development authority and board provided for in article five-c, chapter twenty of this code;
(14) Division of labor provided for in article one, chapter twenty-one of this code;
(15) Occupational safety and health review commission provided for in article three-a, chapter twenty-one of this code;
(16) Board of manufactured housing construction and safety provided for in article nine, chapter twenty-one of this code;
(17) Division of environmental protection provided for in article one, chapter twenty-two of this code;
(18) Reclamation board of review provided for in article four, chapter twenty-two of this code;
(19) Board of appeals provided for in article five, chapter twenty-two of this code;
(20) Board of coal mine health and safety and coal mine safety and technical review committee provided for in article six, chapter twenty-two of this code;
(21) Shallow gas well review board provided for in article seven, chapter twenty-two of this code;
(22) Oil and gas conservation commission provided for in article eight, chapter twenty-two of this code;
(23) Board of miner training, education and certification provided for in article nine, chapter twenty-two of this code;
(24) Mine inspectors' examining board provided for in article eleven, chapter twenty-two of this code;
(25) Oil and gas inspectors' examining board provided for in article thirteen, chapter twenty-two of this code;
(26) Geological and economic survey provided for in article two, chapter twenty-nine of this code;
(27) Blennerhassett historical state park commission provided for in article eight, chapter twenty-nine of this code;
(28) Economic development authority provided for in article fifteen, chapter thirty-one of this code;
(29) Division of banking provided for in article two, chapter thirty-one-a of this code;
(30) Board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;
(31) Lending and credit rate board provided for in chapter forty-seven-a of this code; and
(32) (29) Bureau of employment programs provided for in article one, chapter twenty-one-a of this code;
(30) Human rights commission provided for in article eleven, chapter five of this code, which shall be within the bureau of employment programs;
(31) The West Virginia commission for the hearing impaired provided for in article fourteen, chapter five of this code, which shall be within the bureau of employment programs;
(32) The division of rehabilitation services provided for in article ten-a, chapter eighteen of this code, which shall be within the bureau of employment programs;
(33) The women's commission provided for in article fifteen, chapter twenty-nine of this code, which shall be within the bureau of employment programs;
(34) The asbestos control program provided for in article thirty-two, chapter sixteen of this code, located within the department of health and human resources, which shall be within the division of environmental resources; and
(35) The structural barriers board provided for in article ten-f, chapter eighteen of this code, which shall be within the division of labor.
On or before the first day of January, one thousand nine hundred ninety-five, the governor may by executive order reorganize the department of commerce, labor and environmental resources. The governor may by said executive order provide for the elimination of the position and the office of the secretary of commerce, labor and environmental resources, and may further provide by said executive order for the transfer, in whole or in part, of any agency or board in the department of commerce, labor and environmental resources and any function of any agency or board in the department of commerce, labor and environmental resources, to any other agency or board in the department of commerce, labor and environmental resources, or to any other executive department. The governor may also provide by said executive order for the merger, combination and renaming of any agency or board in the department of commerce, labor and environmental resources and for the direct report to the governor of any administrator.
(c) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of education and the arts:
(1) Library commission provided for in article one, chapter ten of this code;
(2) Educational broadcasting authority provided for in article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided for in article two and board of directors of the state college system provided for in article three, chapter eighteen-b of this code; and
(4) Division of culture and history provided for in article one, chapter twenty-nine of this code;
(d) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of health and human resources:
(1) Human rights commission provided for in article eleven, chapter five of this code;
(2) (1) Division of human services provided for in article two, chapter nine of this code;
(3) (2) Division of health provided for in article one, chapter sixteen of this code;
(4) (3) Office of emergency medical services and advisory council thereto provided for in article four-c, chapter sixteen of this code;
(5) Hospital finance authority provided for in article twenty-nine-a, chapter sixteen of this code;
(6) (4) Health care cost review authority provided for in article twenty-nine-b, chapter sixteen of this code;
(7) Structural barriers compliance board provided for in article ten-f, chapter eighteen of this code;
(8) (5) Commission on aging provided for in article fourteen, chapter twenty-nine of this code;
and
(9) (6) Commission on mental retardation provided for in article fifteen, chapter twenty-nine of this code.
and
(10) Women's commission provided for in article twenty, chapter twenty-nine of this code.
(e) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of military affairs and public safety:
(1) Adjutant general's department provided for in article one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter fifteen of this code;
(3) Military awards board provided for in article one-g, chapter fifteen of this code;
(4) Division of public safety provided for in article two, chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board provided for in article five and emergency response commission provided for in article five-a, chapter fifteen of this code;
(6) Sheriffs' bureau provided for in article eight, chapter fifteen of this code;
(7) Division of corrections provided for in chapter twenty-five of this code;
(8) Fire commission provided for in article three, chapter twenty-nine of this code;
(9) Regional jail and correctional facility authority provided for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council provided for in article one, chapter nine-a of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven of this code;
(2) Appraisal control and review commission provided for in article one-a, chapter eleven of this code;
(3) Municipal bond commission provided for in article three, chapter thirteen of this code;
(4) (3) Racing commission provided for in article twenty-three, chapter nineteen of this code;
(5) (4) Lottery commission and position of lottery director provided for in article twenty-two, chapter twenty-nine of this code;
(6) (5) Agency of insurance commissioner provided for in article two, chapter thirty-three of this code;
(7) (6) Office of alcohol beverage control commissioner provided for in article sixteen, chapter eleven and article two, chapter sixty of this code;
and
(8) (7) Division of professional and occupational licenses which may be hereafter created by the Legislature;
(8) Board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;
(9) Lending and credit rate board provided for in chapter forty-seven-a of this code; and
(10) Division of banking provided for in article two, chapter thirty-one-a of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of transportation:
(1) Road commission provided for in article two, chapter seventeen of this code;
(2) Division of highways provided for in article two-a, chapter seventeen of this code;
(3) Parkways, economic development and tourism authority provided for in article sixteen-a, chapter seventeen of this code;
(4) Division of motor vehicles provided for in article two, chapter seventeen-a of this code;
(5) Driver's licensing advisory board provided for in article two, chapter seventeen-b of this code;
(6) Aeronautics commission provided for in article two-a, chapter twenty-nine of this code;
(7) Railroad maintenance authority provided for in article eighteen, chapter twenty-nine of this code; and
(8) Port authority provided for in article sixteen-b, chapter seventeen of this code.
(h) Except for such powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence of the position of administrator and of the agency and the powers, authority and duties of each administrator and agency shall not be affected by the enactment of this chapter.
(i) Except for such powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of such boards shall not be affected by the enactment of this chapter, and all boards which are appellate bodies or were otherwise established to be independent decisionmakers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(j) Any department previously transferred to and incorporated in a department created in section two, article one of this chapter by prior enactment of this section in chapter three, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-nine, and subsequent amendments thereto, shall henceforth be read, construed and understood to mean a division of the appropriate department so created. Wherever elsewhere in this code, in any act, in general or other law, in any rule or regulation, or in any ordinance, resolution or order, reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, such reference shall henceforth be read, construed and understood to mean a division of the appropriate department so created, and any such reference elsewhere to a division of a department so transferred and incorporated shall henceforth be read, construed and understood to mean a section of the appropriate division of the department so created.
CHAPTER 16.
PUBLIC HEALTH.
ARTICLE 32.
LICENSURE OF ASBESTOS ABATEMENT PROJECT.
§
16-32-2. Definitions.
(a) "Asbestos" means the asbestiform varieties of chrysolite (serpentine), crocidolite (riebeckite), amosite (cummintonite-grunerite), anthophyllite, tremolite and actinolite.
(b) "Asbestos analytical laboratory" means a facility or place which analyzes asbestos bulk samples or asbestos air samples.
(c) "Asbestos abatement project designer" means a person who specifies engineering controls, methods and work practices to be used during asbestos abatement projects.
(d) "Asbestos abatement supervisor" means a person responsible for direction of asbestos abatement projects.
(e) "Asbestos clearance air monitor" means a person who performs air monitoring to confirm clearance levels to establish that an area is safe for reoccupancy after an asbestos abatement project.
(f) "Asbestos-containing material" means any material or product which contains more than one percent asbestos by weight.
(g) "Asbestos contractor" means a person who enters into contract for an asbestos abatement project.
(h) "Asbestos inspector" means a person employed to inspect for the presence of asbestos containing materials, evaluate the condition of such materials and collect samples for asbestos content confirmation.
(i) "Asbestos management planner" means a person employed to interpret survey results, make hazard assessment, evaluation and selection of control options or develop an operation and maintenance plan.
(j) "Asbestos abatement project" means an activity involving the repair, removal, enclosure or encapsulation of asbestos-containing material.
(k) "Asbestos worker" means a person who works on an asbestos abatement project.
(l) "Contained work area" means designated rooms, spaces or other areas where asbestos abatement activities are being performed, including decontamination structures. The contained work area shall be separated from the uncontaminated environment by polyethylene sheeting or other materials used in conjunction with the existing floors, ceilings and walls of the structure.
(m) "Director" means the director of the
division of health division of environmental protection or the director's duly authorized representative.
(n) "Division" means the division of
health of the department of health and human resources environmental protection of the department of commerce, labor and environmental resources.
(o) "Encapsulate" means the application of any material onto any asbestos containing material to bridge or penetrate the material to prevent fiber release.
(p) "Enclosure" means the permanent confinement of friable asbestos containing materials with an airtight barrier in an area not used or designed as an air plenum.
(q) "Friable" means material which is capable of being crumbled, pulverized or reduced to powder by hand pressure of which under normal use or maintenance emits or can be expected to emit asbestos fibers into the air.
(r) "Good faith report" means a report of conduct defined in this article as wrongdoing or waste which is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.
(s) "License" means a document authorizing a person to perform certain specific asbestos related work activities.
(t) "Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any individual or entity.
(u) "Resilient floor covering" means floor tile, sheet vinyl and associated adhesives which contain more than one percent asbestos by weight.
(v) "Resilient floor covering worker" means a person who is employed to remove resilient floor covering in single-family dwellings.
(w) "Waste" means an employer's conduct or omissions which result in substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from federal, state or political subdivision sources.
(x) "Wrongdoing" means a violation which is not of a merely technical or minimal nature of a federal or state statute or regulation, of a political subdivision ordinance or regulation or of a code of conduct or ethics designed to protect the interest of the public or the employer.
§
16-32-3. Powers and duties of the director of division of
environmental protection.
The director of health the division of environmental protection shall administer and enforce this article. The director has the following powers and duties:
(a) To issue licenses and assess fees pursuant to this article and the rules promulgated thereunder.
(b) To promulgate rules necessary to carry out the requirements of this article in accordance with the provisions of chapter twenty-nine-a of this code, to include, but not be limited to, the required training, the prescription of fees and procedures for the issuance and renewal of licenses.
(c) To approve the training courses administered to licensure applicants.
CHAPTER 29.
MISCELLANEOUS BOARD AND OFFICERS.
ARTICLE 20.
WOMEN'S COMMISSION.
§
29
-
20
-
1. Continuation; membership; appointment and terms of
members; organization; reimbursement for expenses.
The West Virginia commission on the status of women is hereby abolished, and there is hereby continued within the department of health and human resources the bureau of employment programs the West Virginia women's commission, to consist of eighteen members, seven of whom shall be ex officio members, not entitled to vote: The attorney general, the state superintendent of schools, the commissioner of labor, the commissioner of the bureau of human resources of the department of health and human resources, the director of the human rights commission, the director of the division of personnel and the chancellor of the board of directors of the state college system. Each ex officio member may designate one representative employed by his or her department to meet with the commission in his or her absence. The governor shall appoint the additional eleven members, by and with the advice and consent of the Senate, from among the citizens of the state. The governor shall designate the chairman and vice chairman of the commission and the commission may elect such other officers as it deems necessary. The members shall serve a term beginning the first day of July, one thousand nine hundred seventy-seven, three to serve for a term of one year, four to serve for a term of two years and the remaining four to serve for a term of three years. The successors of the members initially appointed as provided herein shall be appointed for a term of three years each in the same manner as the members initially appointed under this article, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. Each member shall serve until the appointment and qualification of his or her successor.
No member may receive any salary for his or her services, but each may be reimbursed for actual and necessary expenses incurred in the performance of his or her duties out of funds received by the commission under section four of this article, except that in the event the expenses are paid, or are to be paid, by a third party, the members shall not be reimbursed by the commission.
After having conducted a performance audit through its joint committee on government operations, pursuant to section nine, article ten, chapter four of this code, the Legislature hereby finds and declares that the West Virginia women's commission should be continued and reestablished. Accordingly, notwithstanding the provisions of section four, article ten, chapter four of this code, the West Virginia women's commission shall continue to exist until the first day of July, one thousand nine hundred ninety-eight.
§
29
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20
-
3. Commission administrative personnel.
The commission may, consistent with state personnel procedures and with the approval of the secretary of the department of health and human resources commissioner of the bureau of employment programs or his or her designee, appoint an executive director, who shall act as the chief administrative officer of the commission, in addition to such other duties as he or she may be assigned. The commission may also, consistent with state personnel procedures and with the approval of the secretary of the department of health and human resources or his or her designee, appoint such other personnel as may be deemed necessary to accomplish its objectives. All persons so employed shall be paid from funds received by the department of health and human resources or the commission under section four of this article.
§
29
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20
-
4. Power of commission to accept funds.
The commission, or the department of health and human resources bureau of employment programs on behalf of the commission, may accept gifts, grants and bequests of funds from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions; make and sign any agreements and do and perform any acts that may be necessary to carry out the purposes of this article.
§
29
-
20
-
6. Annual report.
The commission shall, with the approval of the secretary of the department of health and human resources commissioner of the bureau of employment programs or his or her designee, submit an annual report to the Legislature and the governor, including recommendations based on its studies.
CHAPTER 18.
EDUCATION.
ARTICLE 10A.
VOCATIONAL REHABILITATION.
§
18
-
10A
-
1. Definitions.
As used in this article and article ten-b:
(1) "State board" means the
state board of rehabilitation commissioner of the bureau of employment programs, or where required by federal law, the board, commission or council designated by the commissioner of the bureau of employment programs to oversee certain functions of the division of rehabilitation services. All references in this code to the state board of vocational education, except where the context clearly indicates the provision of vocational education to other than disabled individuals, shall mean the state board defined by this subsection.
(2) "Division" means the division of vocational rehabilitation established by this article.
(3) "Director" means the director of the division of vocational rehabilitation.
(4) "Employment handicap" means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in, an obstruction to occupational performance.
(5) "Disabled individual" means any person who has a substantial employment handicap.
(6) "Vocational rehabilitation" and "vocational rehabilitation services" means any services, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his employment handicap and to enable him to engage in a remunerative occupation including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, attendant care services, physical restoration, transportation, occupational licenses, occupational tools and equipment, including motor vehicles, maintenance, and training books and materials.
(7) "Rehabilitation training" means all necessary training provided to a disabled individual to compensate for his employment handicap including, but not limited to, manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.
(8) "Physical restoration" means any medical, surgical or therapeutic treatment necessary to correct or substantially reduce a disabled individual's employment handicap within a reasonable length of time including, but not limited to, medical, psychiatric, dental and surgical treatment, nursing services, hospital care not to exceed ninety days, convalescent home care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions.
(9) "Prosthetic appliance" means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) "Occupational licenses" means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(11) "Maintenance" means money payments not exceeding the estimated cost of subsistence during vocational rehabilitation.
(12) "Regulations" means regulations made by the director with the approval of the
commissioner of the bureau of employment
programs or the state board.
(13) "Attendant care evaluation unit" means any agency certified by the division of vocational rehabilitation that employs a qualified evaluator to provide evaluations and attendant referrals such as the centers for independent living, the West Virginia rehabilitation center and any other unit approved by the division.
(14) "Attendant care services" means services which include, but are not limited to:
(a) Routine bodily functions such as bowel and bladder care;
(b) Dressing;
(c) Ambulation;
(d) Meal preparation and consumption;
(e) Assistance in moving in and out of bed;
(f) Bathing and grooming;
(g) Housecleaning and laundry; and
(h) Any other similar activity of daily living.
(15) "Attendant" means a self-employed individual who is trained to perform attendant care services and who works as an independent contractor.
§
18
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10A
-
2. Division of rehabilitation services.
For the purposes of this article, the state board of education is hereby designated as the state board of rehabilitation. The division of rehabilitation services is hereby transferred to the bureau of employment programs provided for in article one, chapter twenty-one of this code. The commissioner 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. As such, The commissioner and such boards, commissions, or councils as he is required by federal law to appoint, it is are authorized and directed to cooperate with the federal government to the fullest extent in an effort to provide rehabilitation services for disabled persons. To this end, there is hereby established in the state board of rehabilitation a division of rehabilitation services.
Except as to the provisions of article two-b of this chapter and such other code references where the context clearly indicates the provision of vocational education to other than disabled individuals, references in this code to the state board of vocational education as the governing board of vocational or other rehabilitation services or facilities shall mean the
state board of rehabilitation commissioner of the bureau of employment programs or his or her designated board, commission, or council responsible for rehabilitation services. 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.
§
18
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10A
-
3.
Director of division of vocational rehabilitation;
powers and duties.
The division shall be administered, under the general supervision and direction of the commissioner of the bureau of employment programs or, if required by federal law his or her designated state board, by a director appointed by said commissioner, or if required by federal law his or her designated state such board in accordance with established personnel standards and on the basis of his education, training, experience and demonstrated ability.
In carrying out his duties under this article, the director shall:
(1) Appoint
with the approval of the state board, such personnel as he deems necessary for the efficient performance of the functions of the division.
(2) Establish a merit system of personnel management, or in lieu thereof, avail himself of the services of the state merit system upon payment of a fair share of the expenses of the operation of such system.
(3) Make regulations governing the protection of records and confidential information; the manner and form of filing applications for vocational rehabilitation services, eligibility therefor, and investigation and determination thereof; procedures for fair bearings; and such other matters as may be necessary or desirable in accomplishing the purposes of this article.
(4) Have the authority to establish and operate a staff development program for the employees of the division and may, in furtherance of such a program, and utilizing any funds appropriated or made available, for such purpose, pay to such employees compensation or expenses, or both, while such employees are pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in such division; such staff development program shall be conducted subject to appropriate rules and regulations as adopted by the director and approved by the state board:
Provided,
That such rules and regulations shall include reasonable provisions for the return of any employee, receiving the benefits of such training, for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the training of such employee.
(5) Establish with the approval of the state board, appropriate subordinate administrative units within the division.
(6) Prepare and submit to the commissioner of the bureau of employment programs or his or her designated state board annual reports of activities and expenditures and, prior to each regular session of the Legislature, estimates of sums required for carrying out the provisions of this article and estimates of the amounts to be made available for this purpose from all sources.
(7) Make requisition for disbursement, in accordance with regulations of the funds available for vocational rehabilitation purposes.
(8) Take such other action with the approval of the state board, as may be deemed necessary or appropriate to carry out the purposes of this article.
In addition to the foregoing, the director may, with the approval of the state board, delegate to any officer or employee of the division such of his powers and duties, except the making of regulations and the appointment of personnel, as may be necessary or appropriate for the purposes of this article.
§
18
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10A
-
4.
Vocational rehabilitation services.
Except as otherwise provided by law the state board, through the division shall provide vocational rehabilitation services to disabled individuals determined by the director to be eligible therefor, and for this purpose the division is authorized among other things to:
(1) Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of disabled individuals, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the provisions of this article, such programs, facilities and services as may be necessary or desirable.
(2) Enter into reciprocal agreements with any other state to provide for the vocational rehabilitation of residents of such state.
(3) Conduct research and compile statistics relating to the vocational rehabilitation of disabled individuals.
§
18
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10A
-
4a. Attendant care services.
The purpose of this section is to declare the intent of the state to enable severely physically disabled adults to enter or continue in the workforce, to enhance the opportunities for disabled individuals to participate fully in society through self-fulfillment and economic independence.
The state board, through the division shall administer the provision of attendant care services as a separate and distinct program to any severely physically disabled adult who is present in the state at the time of filing their application. The division may administer the program or may enter into a contract with a private or public organization to administer and operate the program. If the program is administered by the division, the funds shall be used as payments for attendant care services, evaluations, attendant management training and administrative costs. If the division enters into a contract with a private or public organization, the private or public organization may use the funds as payments for attendant care services, evaluations, attendant management training and for reasonable administrative costs. The administrative costs allowed under the contract shall be negotiated and approved by the director. The division shall establish a waiting list of eligible disabled individuals if sufficient funds are not available under the program. Determination will be made by a certified evaluation unit that such adult needs fourteen or more hours of attendant care per week:
Provided,
That the severely physically disabled adult is eighteen years of age or older, is employed or will be ready for employment within six months of the time application for services is made and has a total income of no more than thirty thousand dollars annually. The maximum income allowable will be recalculated each year based on changes in the consumer price index. The eligible adult shall be reevaluated by a certified evaluation unit at the direction of the division at least once every two years to determine their continuing need for attendant care services. The eligible adult is responsible for hiring, firing and supervising his or her attendant. Any subsidy received under the provisions of this section for the purpose of providing attendant care services shall not be considered income to the severely disabled person for any purpose to the extent permitted by federal law and regulations (IRS Act of 1954) but shall supplement any other aid for which the adult is eligible.
The division is responsible for accepting applications for attendant care services from severely physically disabled adults and making determinations of eligibility. The division shall provide for certifying evaluation units and shall make determination regarding certification for each evaluation unit which makes application.
The cost of evaluation fees, training of both attendants and eligible adults in the management of attendants and provision of attendant care services shall be borne by the division from funds allocated for this program.
The division shall acquire from a certified evaluation unit an evaluation of the attendant care needs for each applicant. Within thirty days of the time that any application for attendant care services is filed, the applicant shall be notified that arrangements have been made for the applicant to be evaluated by a certified evaluation unit. Based upon the evaluator's information, the division shall develop a plan for each eligible applicant that shall include the amount of attendant care time needed per week and an estimate of the length of time the attendant care services will be needed. Notice shall be given to the applicant and the evaluator as soon as a decision has been made regarding the eligibility of each applicant. If the recommendations of the certified evaluation unit are not followed, the division shall include the reasons for reaching its decision in the notice sent to the applicant and evaluator.
The division shall promulgate policies and procedures for the administration of this program. The division shall adopt rules and regulations for full fiscal accountability for all appropriated funds and financial assistance shall be given in accordance with a sliding payment scale established by the division. The division shall also establish a consumer advisory committee for the purpose of advising on policies and procedures and related matters involved in administration of the program.
The division shall be responsible for establishing an appeals procedure for those applicants who have been denied attendant care services and for informing all applicants of their right to appeal a decision of the division.
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5.
Cooperation with federal government.
The state board, through the division, or if required by federal law the board, commission or council appointed by the commissioner of the bureau of employment programs to oversee certain functions of the division, shall make agreements or plans to cooperate with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
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7.
Gifts.
The director is hereby authorized and empowered, with the approval of the state board, to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under such conditions as in the judgment of the state board are proper and consistent with the provisions of this article may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
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9.
Grievance hearings.
Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a fair hearing. by the state board.
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12.
Vocational evaluation and work adjustment program
for disadvantaged individuals.
The division, under the direction of any federally mandated board, commission or council appointed by the commissioner of the bureau of employment programs, state board of vocational education is authorized and directed to cooperate with the federal government in providing vocational evaluation and work adjustment services to disadvantaged individuals.
"Vocational evaluation and work adjustment services" include, as appropriate in each case, such services as:
(a) A preliminary diagnostic study to determine that the individual is disadvantaged, has an employment handicap, and that services are needed;
(b) A thorough diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual's handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed;
(c) Services to appraise the individual's patterns of work behavior and ability to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment;
(d) Any other goods or services provided to a disadvantaged individual, determined (in accordance with regulations of the federal government) to be necessary for, and which are provided for the purpose of, ascertaining the nature of the handicap to employment and whether it may reasonably be expected the individual can benefit from vocational rehabilitation services or other services available to disadvantaged individuals;
(e) Outreach, referral, and advocacy; and
(f) The administration of these evaluation and work adjustment services.
As used in this section, the term "disadvantaged individuals" means (1) disabled individuals as defined in subdivision five, section one of this article, (2) individuals disadvantaged by reason of their youth or advanced age, low educational attainments, ethnic or cultural factors, prison or delinquency records, or other conditions which constitute a barrier to employment, and (3) other members of their families when the provision of vocational rehabilitation services to family members is necessary for the rehabilitation of the individual described in subdivision (1) or (2) above.
CHAPTER
19.
AGRICULTURE.
ARTICLE 1. DEPARTMENT
OF
AGRICULTURE.
§
19-1-1a. Farm management commission abolished; property
transferred.
The farm management commission previously established by this article is hereby abolished. The real and personal property held by the commission related to operations at the Huttonsville Correctional Center and the facility at Pruntytown, including operating revenue funds for those operations, shall be transferred to the department of agriculture. All remaining property shall be transferred to surplus property.
NOTE: The purpose of this bill is to abolish the Hospital Finance Authority and the Farm Management Commission. The bill would also reorganize certain governmental agencies, including the Women's Commission, the Asbestos Control Program, the Division of Banking, the Board of Banking and Financial Institutions, the Lending Rate Board, the Structural Barriers Compliance Board, the Municipal Bond Commission, the Division of Rehabilitation Services, the Commission on Hearing Impaired and the Human Rights Commission. The office of the Secretary of Commerce, Labor and Environmental Resources is abolished.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
§19-1-1a is new; therefore, strike-throughs and underscoring have been omitted.
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