Senate Bill No. 49
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Introduced January 18, 1994; referred to the Committee
on Government Organization.]
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A BILL to repeal article twenty-nine-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended; to repeal article twelve-a, chapter nineteen of
said code; 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, 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; and to amend and reenact sections
one, three, four and six, article twenty, chapter
twenty-nine, 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be repealed; that article twelve-a, chapter nineteen of said code
be repealed; that section one, article two, chapter five-f of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, 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; and that sections one, three, four and
six, article twenty, chapter twenty-nine of said code be amended
and reenacted; 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 articletwenty-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, chaptertwenty-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 secretaryof 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 articleone, 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 articletwelve, 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, resolutionor 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 isemployed 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 aterm 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.
§29-20-3. Commission administrative personnel.
The commission may, consistent with state personnel
procedures and with the approval of the
secretary of thedepartment 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.
§29-20-4. 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 thedirector 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 anindependent contractor.
§18-10A-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 thecode 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.
§18-10A-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, eligibilitytherefor, 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.
§18-10A-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 suchstate.
(3) Conduct research and compile statistics relating to the
vocational rehabilitation of disabled individuals.
§18-10A-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 ofattendant 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 anappeals 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.
§18-10A-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.
§18-10A-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.
§18-10A-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.
§18-10A-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 determiningthe 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 tofamily 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.