H. B. 4009
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto three new sections, designated §5A-1-11,
§5A-1-12 and §5A-1-13, relating to the creation of a position
within the department of administration for the implementation
and monitoring of a statewide program to assure compliance
with 42 U.S.C. §12101, et seq., the federal Americans with
Disabilities Act.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto three new sections, designated §5A-1-11, §5A-1-12
and §5A-1-13, to read as follows:
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-11. State Americans with disabilities coordinator.
(a) There is hereby created the state Americans with
disabilities coordinator, which shall be appointed by the secretary of the department of administration. The coordinator shall have an
in-depth working knowledge of the challenges facing persons with
disabilities. The coordinator may be a current employee of the
department of administration or other agency employee, with the
consent of the agency head.
(b) The coordinator shall:
(1) Advise the director of personnel in the development of
comprehensive policies and programs for the development,
implementation and monitoring of a statewide program to assure
compliance with 42 U.S.C. §12101, et seq., the federal Americans
with Disabilities Act;
(2) Assist in the formulation of rules and standards relating
to the review, investigation and resolution of complaints of
discrimination in employment, education, housing and public
accommodation;
(3) Consult and collaborate with state and federal agency
officials in the state plan development;
(4) Consult and collaborate with agency Americans with
disabilities officers on the appropriate training for managers and
supervisors on regulations and issues;
(5) Represent the state on local, state and national
committees and panels related to Americans with disabilities;
(6) Advise the governor and agency heads on Americans with
disabilities issues;
(7) Consult with state equal employment opportunity officers
on the hiring of persons with disabilities.
(8) Be available to inspect and advise the leasing section of
the division of purchasing on all physical properties owned or
leased by the state of West Virginia for compliance with 42 U.S.C.
§12101, et seq., the federal Americans with disabilities act.
§5A-1-12. Fees for costs and expenses.
The secretary of the department of administration may assess,
charge and collect fees from each state spending unit or private
entity for the direct costs and expenses incurred by the
coordinator to provide the services established in section eleven,
article one, chapter five-a. Expenses shall include, but are not
limited to, the payment of coordinator's salary, benefits, travel
expenses and for materials, equipment and supplies. The total
amount collected from all agencies shall not exceed one hundred
thousand dollars each year, for the first three years, through the
division of finance. Consent to any expense shall be obtained
before services of the Americans with disabilities coordinator
shall be rendered.
§5A-1-13. Creation of Americans with disabilities coordinator
fund.
There is hereby created in the department of administration a
special fund to be named the "Americans with Disabilities
Coordinator Fund", which shall be an interest-bearing account and may be invested in the manner permitted by law. Funds paid into
the account shall be derived from the following sources: (1) All
funds received for the costs and expenses incurred by the state
Americans with disabilities coordinator for providing services
related to the state's implementation and compliance with 42 U.S.C.
§12101, et seq., the federal Americans with disabilities act; and
(2) any gifts, grants, bequests, transfers or donations which may
be received from any governmental entity or unit or any person,
firm, foundation or corporation; and (3) all interest or return on
investment accruing to the fund. Moneys in the fund are to be used
for the costs and expenses incurred pursuant to this article. Any
balance including accrued interest in this special fund at the end
of any fiscal year shall not revert to the general revenue fund but
shall remain in the fund for use by the secretary of the department
of administration for providing additional Americans with
disabilities coordinator services within the state of West Virginia
in the ensuing fiscal years.
An annual report on the fund shall be made to the governor,
president of the Senate and speaker of the House by the secretary
of the department of administration. Such report shall be on CD
ROM or other electronic media and shall not be in print format.
NOTE: The purpose of this bill is to create a position for a
state Americans with disabilities coordinator within the Department
of Administration to ensure statewide compliance with 42 U.S.C.
§12101, et seq., the federal Americans with Disabilities Act.
These section are new; therefore strike-throughs and
underscoring have been omitted.
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