ENGROSSED
Senate Bill No. 705
(By Senators Wooton, Ball, Dittmar, Hunter, McCabe, Minard,
Mitchell, Oliverio, Redd, Ross, Snyder, Deem and McKenzie)
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[Originating in the Committee on the Judiciary;
reported March 4, 1999.]
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A BILL to amend and reenact section four, article two-c, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the provision of
legal assistance to victims of domestic violence.
Be it enacted by the Legislature of West Virginia:
That section four, article two-c, chapter forty eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by amended and reenacted to read as follows:
ARTICLE 2C. DOMESTIC VIOLENCE ACT.
§48-2C-4. Duties of board.
It is the duty of the board to:
(a) Regulate its procedural practice;
(b) Receive and consider applications for the development of
shelters;
(c) Facilitate the formation and operation of shelters;
(d) Promulgate rules and regulations to implement the
provisions of this article and any applicable federal guidelines;
(e) Advise the secretary on matters of concern relative to his
or her responsibilities under this article;
(f) Study issues pertinent to family protection shelters,
programs for domestic violence victims, and report the results to
the governor and the Legislature;
(g) Conduct hearings as necessary under this article;
(h) Delegate to the secretary such powers and duties of the
board as the board may deem appropriate to delegate, including, but
not limited to, the authority to approve, disapprove, revoke or
suspend licenses;
(i) Deliver funds to shelters within forty-five days of the
approval of a proposal for such shelters;
(j) Establish a system of peer review which will ensure the
safety, well being and health of the clients of all shelters
operating in the state;
(k) Evaluate annually each funded shelter to determine its
compliance with the goals and objectives set out in its original
application for funding or subsequent revisions;
(l) To award to shelters, for each fiscal year, ninety-five
percent of the total funds collected and paid over during the
fiscal year to the special revenue account established pursuant to
section twenty-four, article one of this chapter and to expend,
during said period a sum not in excess of five percent of said
funds for cost of administering provisions of this article;
(m) To receive such funds as may be appropriated by the
Legislature and to award those funds to shelters to employ, as
shelter employees, attorneys who will provide of civil legal
services to individuals seeking services as victims of domestic
violence;
(m) (n) Establish and enforce system of standards for annual
licensure for all shelters and programs in the state;
(n) (o) Enforce standards; and
(o) (p) Review its rules and regulations biannually.
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(NOTE: The purpose of this bill is to allow for the
appropriation of funds to be awarded to domestic violence shelters
to provide civil legal assistance to victims of domestic violence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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