ENROLLED
Senate Bill No. 503
(By Senators Oliverio, Walker, Prezioso,
McKenzie and Tomblin, Mr. President)
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[Passed April 10, 1997; in effect from passage.]
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AN ACT to amend and reenact article twenty-four, chapter twenty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to the technology- related assistance revolving loan fund for individuals with
disabilities act; authorizing the director of the division
of rehabilitation services or his or her designee to vote as
an ex officio member of the technology-related assistance
revolving loan fund for individuals with disabilities board;
revising qualifications of members of board; continuing the
board and terms of members; authority of governor to appoint
members of board; removal of board member; compensation and
expenses for board members; powers, duties and
responsibilities of the board; legislative rules; reports to
the Legislature; loan agreements; maximum interest rate on
loans; creating the technology-related assistance revolving
loan fund for individuals with disabilities fund in the state treasury; abolishment of prior fund; deposits required
to be made into fund; and administrative costs.
Be it enacted by the Legislature of West Virginia:
That article twenty-four, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 24. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND
FOR INDIVIDUALS WITH DISABILITIES ACT.
§29-24-1. Legislative findings and declarations.
Individuals with disabilities comprise a significant and
increasing percentage of West Virginia's population. The
Legislature finds and declares that action is necessary to assist
these individuals in their homes, schools, employment and
communities to become more independent citizens of the state.
Many of these individuals require technology-related devices and
technology-related services in order to perform functions, such
as caring for themselves, performing manual tasks, mobility,
seeing, hearing, speaking, breathing and learning in order to
have the ability to more independently participate in society and
the work force. In order to meet the present and increasing
needs of West Virginians for technology-related devices and
technology-related services, it is necessary for the state to
provide funds for the technology-related revolving loan fund for
individuals with disabilities that neither supplant nor replace existing state, federal or private sector funds.
§29-24-2. Terms defined.
As used in this article, the term:
(a) "Board" means the technology-related assistance
revolving loan fund for individuals with disabilities board.
(b) "Individual with disability" means any individual, of
any age who, for the purposes of state or federal law, is
considered to have a disability or handicap, injuries and chronic
health conditions, whether congenital or acquired; and who is or
would be enabled by technology-related devices or
technology-related services to maintain or improve his or her
ability to function in society and the workplace.
(c) "Qualifying borrower" means any individual with
disabilities and their family members, guardians, authorized
representatives or nonprofit entity who demonstrates that such a
loan will improve their independence or become more productive
members of the community. The individual must demonstrate credit
worthiness and repayment abilities to the satisfaction of the
board. No more than twenty percent of all loan funds are to be
provided to nonprofit entities in a single year.
(d) "Technology-related assistance" means either the
provision of technology-related devices or technology-related
services to improve the independence, quality of life or
productive involvement in the community of individuals with disabilities.
(e) "Technology-related device" means any item, piece of
equipment or product system, whether acquired commercially
off-the-shelf, modified or customized, that is used to increase,
maintain or improve functional capabilities of individuals with
disabilities.
(f) "Technology-related service" means any service that
directly assists an individual with a disability in the
selection, acquisition or use of a technology-related device,
including:
(1) The evaluation of the needs of an individual with a
disability, including a functional evaluation in the individual's
customary environment;
(2) Purchasing, leasing or otherwise providing for the
acquisition of technology-related devices by individuals with
disabilities;
(3) Selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing or replacing technology-related
devices;
(4) Coordinating and using other therapies, interventions or
services with technology-related devices, such as those
associated with existing education and rehabilitation plans and
programs; and
(5) Training or technical assistance for individuals or the family of an individual with disabilities.
(g) "Revolving loan fund" means the technology-related
assistance revolving loan fund for individuals with disabilities
established in this article.
(h) "Consumer" means individuals with disabilities and, when
appropriate, their family members, guardians, advocates or
authorized representatives.
§29-24-3. Board created, membership, terms, officers and staff.
(a) The technology-related assistance revolving loan fund
for individuals with disabilities board created by chapter two
hundred forty-seven, acts of the Legislature, regular session,
one thousand nine hundred ninety-six, is hereby continued.
(b) The board shall consist of seven members as follows, of
whom at least three must be individuals with disabilities:
(1) Director of the division of rehabilitation services, ex
officio, who shall be entitled to vote, or his or her designee;
(2) A representative of the banking industry;
(3) A representative of the medical profession;
(4) A certified public accountant; and
(5) Three members from the public at large who are users or
providers of technology-related assistance devices or services
for individuals with disabilities. Members shall be appointed by
the governor, by and with the advice and consent of the Senate,
for terms of three years. Members appointed by the governor with the advice and consent of the Senate prior to the effective date
of this section shall continue to serve for the terms for which
they were appointed. State officers or employees may be
appointed to the board unless otherwise prohibited by law.
(c) In the event a board member fails to attend more than
twenty-five percent of the scheduled meetings in a twelve-month
period, the board may, after written notification to that member
and the secretary of education and the arts, request in writing
that the governor remove the member and appoint a new member to
serve his or her unexpired term.
(d) In the event of death, resignation, disqualification or
removal for any reason of any member of the board, the vacancy
shall be filled in the same manner as the original appointment
and the successor shall serve for the unexpired term.
(e) The board shall elect from its membership a chairperson,
treasurer and secretary as well as any other officer as
appropriate. The term of the "chairperson" is for two years in
duration and he or she cannot serve more than two consecutive
terms.
§29-24-4. Compensation and expenses of board.
Members of the board who are not employees of the state are
entitled to receive a compensation in an amount not to exceed
fifty dollars for each day the member of the board is in
attendance at a meeting of the board, plus reimbursement for reasonable and necessary expenses actually incurred in the
performance of their duties as a member of the board in
accordance with state travel regulations. Members with
disabilities are also entitled to reimbursement for costs
associated with personal assistance, interpreters and disability- related accommodations for the purpose of conducting the business
of the board. Compensation, reimbursement and other costs
authorized in this section shall be paid from moneys in the
revolving loan fund.
§29-24-5. Power, duties and responsibilities of the board;
loans.
(a) The board has the following powers, duties and
responsibilities:
(1) Meet at such times (minimum of four times each fiscal
year) and at places as it determines necessary or convenient to
perform its duties. The board shall also meet on the call of the
chairperson or secretary of education and the arts;
(2) Maintain written minutes of its meetings;
(3) Propose rules for legislative promulgation in accordance
with the provisions of article three, chapter twenty-nine-a of
this code for the transaction of its business and to carry out
the purposes of this article. Such rules shall include: (A)
Guidelines, procedures, reporting requirements, accountability
measures and such other criteria as the board deems appropriate and necessary to fulfill its governance responsibility under this
article if it elects to contract with a nonprofit, consumer- driven organization to carry out the purposes of this article;
(B) an appeals process with regard to the administration of the
fund; and (C) rules governing the operation of the fund,
including, but not limited to, eligibility of receipt of funds
and all other matters consistent with and necessary to
accomplishing the purpose of this fund;
(4) Employ personnel on a full-time, part-time or contracted
basis. Board personnel may be members of the state civil service
system. Participating agencies shall make staff support and
resources available to the board whenever practicable at the
discretion of the agencies. The compensation of personnel shall
be paid from moneys in the revolving loan fund;
(5) Receive, administer and disburse funds to support
purposes established by this article and contract with nonprofit,
consumer-based groups dealing with individuals with disabilities
to assist in administering programs established by this article;
(6) Maintain detailed records of all expenditures of the
board, funds received as gifts and donations and disbursements
made from the revolving loan fund;
(7) Submit to the secretary of education and the arts and
the Legislature annually a summary report concerning programmatic
and financial status of the revolving loan fund;
(8) Develop and implement a comprehensive set of financial
standards to ensure the integrity and accountability of all funds
received as well as loan funds disbursed; and
(9) Conform to the standards and requirements prescribed by
the state auditor.
(b) Subject to available funds, the board shall enter into
loan agreements with any qualifying borrower, who demonstrates
that:
(1) The loan will assist one or more individuals with
disabilities in improving their independence, productivity and
full participation in the community; and
(2) The applicant has the ability to repay the loan. Any
necessary loan limitation shall be determined by the board. All
loans must be repaid within such terms and at such interest rates
as the board may determine to be appropriate. However, no loan
may extend beyond sixty months from date of award and may be paid
off anytime without prepayment penalty. The board shall
determine the interest rate to be charged on loans made pursuant
to this article, but in no event may the interest rate on any
such loans be less than four or more than twenty-one percent per
annum.
(c) The board may authorize loans up to ninety percent of
the cost of an item or items.
(d) The board may award loans to qualifying borrowers for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to
improve their independence through the purchase of
technology-related devices; and
(2) To assist one or more individuals with disabilities to
become more independent members of the community and improve such
individuals quality of life within the community through the
purchase of technology-related devices.
(e) In the event of the failure of the borrower to repay the
loan balance due and owing, the board shall seek to recover the
loan balance by such legal or administrative action available to
it. Persons or representatives of persons who default on a loan
are not eligible for a new loan. The board shall retain
ownership of all property, equipment or devices until the
borrower's loan is paid in full.
(f) A new loan may not be issued to, or on behalf of, a
disabled person if a previous loan made to, or on behalf of, such
person remains unpaid.
(g) The board may charge a fee for loan applications and
processing. All funds generated by fee charges shall be directly
placed into the revolving loan fund to off-set the costs of
application processing.
The board may accept federal funds granted by Congress or
executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations or
foundations. The acceptance and use of federal funds does not
commit state funds and does not place an obligation upon the
Legislature to continue the purposes for which the federal funds
are made available. All funds received in the manner described
in this article shall be deposited in the revolving loan fund to
be disbursed as other moneys in the revolving loan fund.
§29-24-6. Disbursements.
Loans may be made for amounts ranging from a minimum of five
hundred dollars to a maximum of five thousand dollars. The loan
must be used to purchase technology-related devices or directly
related services that will assist the person with a disability to
overcome barriers in daily living.
§29-24-7. Fund created.
The technology-related assistance revolving loan fund for
individuals with disabilities is hereby created in the state
treasury to be expended by the board in accordance with the
provisions of and for the purposes of this article. Upon the
effective date of this section, any funds remaining in the
technology-related assistance revolving loan fund for individuals
with disabilities created by chapter two hundred forty-seven,
acts of the Legislature, regular session, one thousand nine
hundred ninety-six, which is hereby abolished, shall be deposited
into the fund created by this section. Nothing contained herein may be construed to require any level of funding by the
Legislature.
§29-24-8. Deposits created by the board.
The board shall deposit all amounts paid, appropriated,
granted or donated to it, including interest accrued on loan
balances, fees charged and funds received in repayment of loans,
in the revolving loan fund.
§29-24-9. Fund use.
The moneys in the revolving loan fund shall be used only for
the following purposes:
(a) Implementing revolving loan program for
technology-related devices;
(b) Providing technology-related devices to individuals with
severe disabilities who meet economic criteria established by the
board;
(c) Providing support for technology-related assistance;
(d) Providing technology-related and disability prevention
education and research;
(e) Disseminating public information;
(f) Conducting program evaluation and needs assessment;
(g) Operating the board and other administrative and
personnel costs;
(h) Conducting research and demonstration projects,
including new and future uses of technology-related services; and
(i) Developing a strategic plan.
Administrative costs are not to exceed ten percent of the
revolving loan fund's yearly budget.
All unexpended moneys contained in this fund at the end of
the fiscal year shall be carried forward from year to year.