COMMITTEE SUBSTITUTE
FOR
H. B. 4009
(By Mr. Speaker, Mr. Kiss and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Finance)
[February 27, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-1-11, 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 a new section, designated §5A-1-11, 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
., with input from one
representative from each of the following five councils: the
developmental disabilities council, the statewide independent living council, the mental health planning council, the state
rehabilitation council and the mountain state centers for
independent living. The coordinator shall be a full-time employee,
and 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.
(c)(1) The secretary of the department of administration may
assess, charge and collect fees for the direct costs and expenses
incurred by the coordinator to provide the services established in
section eleven, article one, chapter five-a from each state
spending unit which utilizes the services of the coordinator.
Expenses may include travel expenses, materials, equipment and
supplies. Moneys shall be collected through the division of
finance.
(2) The recipient agency shall consent in writing to any
expense before the services of the Americans with disabilities
coordinator are to be rendered.
(d) 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 accordance with the provisions of
article six, chapter twelve of this code, with the interest income
a proper credit to the fund. 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.
(e) The State Americans with disabilities coordinator shall
continue to exist, pursuant to the provisions of article ten,
chapter four of this code, until the first day of July, two
thousand nine, unless sooner terminated, continued or reestablished
pursuant to the provisions of that article.
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