H. B. 4604
(By Delegates Beane, Talbott, Blair, Ennis,
Iaquinta and Swartzmiller)
[Introduced February 17, 2006; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §48-26-401 of the Code of West
Virginia, 1931, as amended, relating to the Family Protection
Service Board generally; providing for criminal background
checks on licensees and employees of programs receiving
funding from the board; and providing for the assessment of a
fee for the background check.
Be it enacted by the Legislature of West Virginia:
That §48-26-401 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 26. DOMESTIC VIOLENCE ACT.
PART 4. DUTIES OF FAMILY PROTECTION SERVICES BOARD.
§48-26-401. Duties of board generally.
It is the duty of the board to:
(1) Regulate its procedural practice;
(2) Receive and consider applications for the development of shelters;
(3) Facilitate the formation and operation of shelters;
(4) Promulgate rules to implement the provisions of this
article and any applicable federal guidelines;
(5) Advise the secretary on matters of concern relative to his
or her responsibilities under this article;
(6) Study issues pertinent to family protection shelters,
programs for domestic violence victims, and report the results to
the Governor and the Legislature;
(7) Conduct hearings as necessary under this article;
(8) 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;
(9) Deliver funds to shelters within forty-five days of the
approval of a proposal for such shelters;
(10) 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;
(11) 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;
(12) 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 2-604 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;
(13) Establish and enforce system of standards for annual
licensure for all shelters and programs in the state;
(14) Enforce standards;
and
(15) Shall conduct criminal background checks through the
Federal Bureau of Investigation on all employees and staff of every
program and shelter licensed under the provisions of section four
hundred two of this article or which are receiving funds from the
commission: Provided, That the board may assess a fee as necessary
to cover the cost of the criminal background check; and
(15) (16) Review its rules biannually.
NOTE: The purpose of this bill is to provide for criminal
background checks of employees and staff of licensees and programs
receiving funding from the Family Protection Services Board.
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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