H. B. 2258


(By Delegates Farris and Kessel)
[Introduced February 23, 1993; referred to the
Committee on Health and Human Resources then Finance.]




A BILL to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e, relating to handicapped persons; establishing the technology related assistance trust fund for individuals with disabilities and the technology related assistance trust fund for individuals with disabilities commission; providing a short title, defining certain terms; and providing for the membership of the technology related assistance trust fund for individuals with disabilities commission and its powers, duties and compensation; allowing the department of health and human resources, in conjunction with the commission and other related associations to develop criteria for funds; increasing court costs for violations of certain traffic law offenses; requiring the deposit of certain court costs into the trust fund; and providing for disbursement of trust fund money.

Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-e, to read as follows:
ARTICLE 2E. TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT.

§5B-2E-1. Short title.

This article shall be known and may be cited as the "Technology Related Assistance for Individuals with Disabilities Act."
§5B-2E-2. Legislative findings and declarations.

Individuals with disabilities comprise a significant and increasing percentage of West Virginia's population. The Legislature finds and declares that action is necessary to assist these individuals in their homes, schools, employment and communities to become more independent citizens of the state. Many of these individuals require technology related devices and technology related services in order to perform functions, such as caring for themselves, performing manual tasks, walking, seeing, hearing, speaking, breathing and learning in order to have the ability to participate in society and the work force. The Legislature finds that the majority of these individuals incurred a permanent disability resulting from accidental injuries and crime related incidents. In order to meet present and increasing needs of West Virginians for technology relateddevices and technology related services, it is necessary for the state to provide funds that neither supplant nor replace existing state or federal funds for the technology related trust fund for individuals with disabilities.
§5B-2E-3. Terms defined.

As used in this article, the term:
(a) "Commission" means the technology related assistance trust fund for individuals with disabilities commission created in section four of this article.
(b) "Individual with disability" means any individual of any age who, for the purposes of state or federal law, is considered to have a disability or handicap, including victims of crimes, injuries and chronic health conditions, whether congenital or acquired; and who is or would be enabled by technology related devices or technology related services to maintain or improve his or her ability to function in society and the workplace.
(c) "Qualifying borrower" means any individual, nonprofit corporation, joint venture or partnership which demonstrates that the loan will assist one or more persons with disabilities to improve their independence or become more productive members of the community. The individual must demonstrate credit worthiness and repayment abilities to the satisfaction of the commission.
(d) "Technology related assistance" means either the provision of technology related devices or technology related services to improve the independence, quality of life, or productive involvement in the community of individuals withdisabilities.
(e) "Technology related device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
(f) "Technology related service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of a technology related device, including:
(1) The evaluation of the needs of an individual with a disability, including a functional evaluation in the individual's customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition of technology related devices by individuals with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing technology related devices;
(4) Coordinating and using other therapies, interventions, or services with technology related devices, such as those associated with existing education and rehabilitation plans and programs; and
(5) Training or technical assistance for an individual or the family of an individual with disabilities; for professionals, including individuals providing education and rehabilitationservices; employers; or other individuals who provide services to employ, or are otherwise substantially involved with individuals with disabilities.
(6) "Trust fund" means the technology related assistance trust fund for individuals with disabilities established in section nine of this article.
§5B-2E-4. Commission created, membership, terms, officers and staff.

(a) There is established the technology related assistance trust fund for individuals with disabilities commission which is assigned to the department of health and human resources for administrative purposes only.
(b) The commission shall consist of nine members appointed by the governor. Members shall be appointed for terms of four years, their initial appointments, however, being three for four- year terms, three for three-year terms, and three for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law. As a group, the citizen members shall demonstrate knowledge in the area of technology related assistance as users or providers of rehabilitative services to the extent practicable. The members shall be composed of the following groups:
(1) The secretary of the department of health and human resources or a designee;
(2) The state auditor or a designee;
(3) A certified public accountant;
(4) An experienced consumer lender; and
(5) Five citizens representing persons with a range of disabilities.
(c) In the event a commission member is unable to attend twenty-five percent of the scheduled meetings in a twelve month period, the commission may elect to remove that member after written notification to that member and the governor.
(d) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(e) The initial terms for all members shall begin on the first day of July, one thousand nine hundred ninety-three.
(f) Membership on the commission does not constitute public office and no member is disqualified from holding public office by reason of his or her membership.
(g) The governor shall designate a chairperson of the commission from among the members. The chairperson shall serve in that position at the pleasure of the governor. The commission may elect other officers and committees as it considers appropriate.
(h) The commission shall employ, at a minimum, one program coordinator and one administrative secretary. The commission, with the approval of the governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article. The compensation of personnelshall be paid from moneys in the trust fund. Commission personnel may be members of the state civil service system. The commission shall utilize existing state resources and staff of participating departments whenever practicable. Personnel expenses and other costs authorized in this subsection shall be paid from moneys in the trust fund.
§5B-2E-5. Compensation and expenses of commission.

Members of the commission shall receive as compensation fifty dollars per diem for each day the member of the commission is in attendance at a meeting of the commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the Legislature receive. Members with disabilities shall be compensated for costs associated with personal assistance, interpreters, and disability related accommodations for the purpose of conducting the business of the commission. Expense allowances and other costs authorized in this section shall be paid from moneys in the trust fund.
§5B-2E-6. Power, duties and responsibilities of the commission; loans.

(a) The commission shall do all of the following:
(1) Meet at such times and places as it determines necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules for the transaction of its business;
(4) Promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code, to carry out the purposes of this article, which rules ensure that individuals, profit and nonprofit corporations and partnerships are eligible for loans;
(5) Administer and disburse funds to support purposes established by this chapter and contract with state or community based groups dealing with individuals with disabilities to assist in administering programs established by this article;
(6) Maintain records of all expenditures of the commission, funds received as gifts and donations and disbursements made from the trust fund; and
(7) Conform to the standards and requirements prescribed by the state auditor.
(b) The commission shall be able to enter into loan agreements with any qualifying borrower, who must demonstrate that:
(1) The loan will assist one or more individuals with disabilities in improving their independence or in becoming more productive members of the community; and
(2) The applicant has the ability to repay the loan. Any necessary loan limitation shall be determined by the commission. All loans must be repaid within such terms and at such interest rates as the commission may determine to be appropriate.
(c) The commission may award loans to qualifying borrowers for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology related devices; and
(2) To assist one or more individuals with disabilities to become more independent members of the community and improve such individual's quality of life within the community through the purchase of technology related devices.
§5B-2E-7. Collection of added court costs for traffic offenses.

To assist individuals with disabilities resulting from motor vehicle accidents and other persons with disabilities, the following court costs shall be collected and deposited in the technology related assistance trust fund:
(a) In every case in which any court imposes a fine, which shall be construed to include costs, for any offense prohibited by section three, article five, chapter seventeen-c, relating to reckless driving, and section two, article five of this code, relating to driving under the influence of alcohol or drugs, there shall be imposed as an additional cost a sum equal to five percent of the original fine.
(b) In every case in which any court imposes a fine, which shall be construed to include costs, for any offense prohibited by article six, chapter seventeen-c of this code, which offense relates to speed restrictions, there shall be imposed as an additional cost a sum equal to two dollars for every mile over the posted speed limit or restriction.
(c) The sums shall be assessed and collected by the courtofficer charged with the duty of collecting court costs and moneys arising from fines and shall be paid over to the secretary of health and human resources by the last day of the month and shall be deposited by him or her into the technology related assistance trust fund for individuals with disabilities.
(d) Any person whose duty it is to collect and remit the sums provided in this section who fails or refuses to remit such sums by the date required by this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
§5B-2E-8. Trust fund deposits.

The commission may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this article shall be deposited in the trust fund to be disbursed as other moneys in the trust fund.
§5B-2E-9. Criteria for disbursements.

The commission shall develop criteria for determining disbursements from the trust fund in conjunction with the department of health and human resources under the direction of the secretary.
§5B-2E-10. Fund created.

The technology related assistance trust fund for individuals with disabilities is created as a separate fund in the state treasury. The trust fund shall be expended only as provided in this article.
§5B-2E-11. Deposits credited by the secretary of health and human resources.

The secretary of health and human resources shall credit to the trust fund all amounts paid, appropriated or donated to the trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid.
§5B-2E-12. Disbursements approved by the governor.

After determining that a disbursement should be made and after approval of disbursement by the governor, the commission shall be authorized to draw a warrant or warrants upon the trust fund to pay the amount of the disbursement from the trust fund.
§5B-2E-13. Priority of fund use.

The moneys collected in the trust shall be used, in the following order, but not limited to, such order of priority to:
(a) Implement a revolving loan program for technology related devices;
(b) Provide technology related devices to individuals with severe disabilities who meet economic criteria established by the commission;
(c) Provide support for technology related assistance;
(d) Provide technology related compensation to crime victims without resources for technology related assistance;
(e) Provide technology related and disability prevention education and research;
(f) Disseminate public information;
(g) Conduct program evaluation and needs assessment;
(h) Operate the commission;
(i) Conduct research and demonstration projects, including new and future uses of technology related services; and
(j) Develop a strategic plan.



NOTE: The purpose of this bill is to establish a technology related assistance trust fund and commission for individuals with disabilities. The bill provides for a fund to be established to receive moneys by appropriation, gift or otherwise to be available for use by the commission on approval of the governor to pay for evaluations, equipment, purchases, training and other items and services to help qualified people with disabilities to maintain jobs and live independently. The bill also adds certain court costs for various traffic law violations and requires that these costs be deposited in the trust fund.

This article is new; therefore, strike-throughs and underscoring have been omitted.