H. B. 2165
(By Delegates Flanigan and Stewart)
[Introduced February 18, 1993; referred to the
Committee on Government Organization then Finance.]
A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-eight,
relating to establishing a West Virginia commission on
disabilities; appointment of members; appointment of a
director; and providing powers and duties of the commission.
Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article twenty-eight, to read as
follows:
ARTICLE 28. COMMISSION ON PERSONS WITH DISABILITIES.
§5-28-1. Commission established and appointment of members.
There is hereby created a commission on people with
disabilities. The commission shall be composed of eight members
appointed by the governor for terms of four years except that, of
the members first appointed, two members shall serve a term ofone year, two members shall serve a term of two years, two
members shall serve a term of three years and two members shall
serve a term of four years. An appointment to fill a vacancy on
the commission shall be for the unexpired term. A member may be
reappointed to the commission. At least four members of the
commission shall be people who are disabled. At least two
members shall be parents of people who are disabled. At least
one member shall be a provider of services to people with
disabilities and one member shall be a member of a labor union.
The governor shall appoint the membership of the commission from
nominations received by the division of rehabilitation services
from consumer groups and nonprofit organizations serving or made
up of people with disabilities and submitted to him. The
governor may appoint no more than two members representing
governmental agencies. The secretary of the department of health
and human resources is an ex officio nonvoting member of the
commission and the secretary or his or her designee shall attend
all commission meetings.
§5-28-2. Meeting, expenses and promulgation of rules.
The members of the commission shall receive no compensation
for their services, but shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their duties as members of the commission. The commission shall
meet bimonthly, with additional meetings as needed. The
commission shall promulgate procedural rules for its operation
covering its meetings and functions in accordance with chaptertwenty-nine-a of this code.
§5-28-3. Director, appointment and qualifications.
The commission may hire a director and other support
personnel as necessary to carry out the purposes of this article.
The director shall be a person qualified by education and
experience to provide the necessary leadership and administrative
abilities required by the provisions of this article. A person
with a disability shall have preference over other persons in the
selection process used to appoint a director. If a person
without a disability is chosen as director, a public record shall
be made by the commission showing justification for the
appointment and listing the names of the members voting to
appoint the director.
The director shall receive a salary as determined by the
commission and shall coordinate commission meetings, act as
liaison between the commission and governmental, public and
consumer agencies and groups, conduct public relations and
provide a comprehensive system of information and referral for
services and programs for people with disabilities.
§5-28-4. Duties of the commission.
The commission shall:
(1) Review services and programs currently being provided by
state agencies and other service providers, and propose methods
to eliminate redundancy, improve coordination and provide better,
more efficient service delivery.
(2) Review proposed changes in state plans and grants thatdeal with services to people with disabilities by state agencies
and provide recommendations on these proposals to the agency
involved.
(3) Propose policy changes to the governor based on their
review of existing services and advise him on disability issues.
(4) Establish a liaison relationship with the president's
committee on employment of people with disabilities as well as
other federal agencies and programs that deal with disability
issues.
(5) Work with federal agencies to propose new policies and
changes in existing policies to take better advantage of federal
programs and funds.
(6) Develop a comprehensive computerized information and
referral data base to provide both consumers and service
providers accurate, up-to-date information on existing federal
and state legislation, including the services that are available,
names of providers, eligibility criteria and location of
services.
(7) Develop a public awareness program to promote
understanding of disabilities and programs for people with
disabilities, including providing information about the function
of the commission.
(8) Propose and develop programs to help coordinate private
business and industry in the promotion of job training,
employment, housing and transportation.
(9) Provide advice to local agencies on disability policyissues.
(10) Submit an annual report to the Legislature and the
governor on the status of disability programs in West Virginia
and its own activities for the year.
NOTE: The purpose of this bill is to create a West Virginia
state commission on people with disabilities, to provide
oversight and advise the governor and Legislature on programs and
issues relative to people with disabilities.
This article is new; therefore, strike-throughs and
underscoring have been omitted.