H. B. 2738
(By Delegates Walters, Harrison, Pulliam, Willison,
Mezzatesta and Evans)
[Introduced March 26, 1993; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-five,
relating to the creation of the West Virginia homeless
authority; creating an advisory council; and powers of
authority.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-five, to
read as follows:
ARTICLE 35. WEST VIRGINIA HOMELESS AUTHORITY.
§16-35-1. Short title.
This article may be cited as the "West Virginia Homeless
Authority Act."
§16-35-2. Definitions.
As used in this article:
(a) "Department" means the department of health and human
resources.
(b) "Director" means the director of the division of health.
(c) "Homeless persons" means:
(1) A person who lacks a fixed, regular and adequate
nighttime residence; or
(2) A person who has a primary nighttime residence which is:
(A) A supervised, publicly or privately operated shelter
designed to provide temporary living accommodations, including
welfare hotels, congregate shelters and transitional housing for
the mentally ill;
(B) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(C) A public or private place not designed for, nor
ordinarily used as, a regular sleeping accommodation for human
beings.
(d) "Homeless person" does not include any individual
imprisoned or otherwise detained pursuant to an act of Congress
or a state law.
§16-35-3. Establishment of the West Virginia homeless
authority.
(a) There is hereby created within the department the West
Virginia homeless authority. The purpose of the authority is to
consolidate services for homeless persons into one entity, to
educate the public regarding homeless persons, homeless shelter
programs and to provide counseling and referral services forhomeless persons. The director shall consolidate all existing
services which currently exist for homeless persons under the
homeless authority.
(b) The authority shall adopt programs which include:
(1) Establishment of a public education and outreach
campaign to publicize the problems of homeless persons and
education services, including the extent of the use of homeless
shelters, medical assistance and other public and private
programs;
(2) Provision of grants to approved organizations under
section four of this article;
(3) Compilation of data concerning homeless persons and
education programs and dissemination of the data to the public;
and
(4) Development of professional education and other
pertinent programs.
§16-35-4. Grants to approved organizations.
(a) The director shall make grants, within the amounts
appropriated, to approved organizations for the provision of
services relating to assistance to homeless persons.
(b) The director shall give notice and provide opportunity
for organizations to submit applications to provide homeless
persons assistance and education programs.
(c) In evaluating applications the director shall consult
the most recent practice and procedures in providing services to
homeless persons and education programs and standards oforganizations with national recognition for expertise in dealing
with homeless persons.
§16-35-5. Appointment of advisory council to authority; terms
of office.
(a) There is hereby established an advisory council to the
West Virginia homeless authority. The members of the advisory
council shall be appointed by the director and shall be two
representatives from labor, two from business, four from the
religious community that serve homeless persons and four from
social service agencies.
(b) The advisory council is responsible for advising the
director with respect to the implementation of this article and
shall make recommendations as to the selection of approved
organizations and the standards to be established by the director
pursuant to subsection (c), section four of this article. The
director shall consult with the advisory council on standards for
approved organizations, selecting approved organizations, making
grants to such organizations and implementing services and
education programs.
(c) The director shall perform an evaluation of the state's
programs for dealing with and solving the problems of homeless
persons in this state.
(d) The council shall meet at least three times a year to
receive information and provide interaction, consultation and
advice.
(e) The members of the council shall receive no compensationfor their services, but shall be allowed their actual and
necessary expenses incurred in performance of their duties.
§16-35-6. Annual report.
The director shall submit an annual report to the governor
and the Legislature concerning the operation of the homeless
authority and related programs including available data and
assessment. The report shall also include any recommendations
for additional action to respond to the plight of homeless
persons in this state.
NOTE: The purpose of this bill is to create the West
Virginia Homeless Authority and an advisory council within the
Department of Health and Human Services and to consolidate all
existing services for homeless persons into the Authority.
This article is new; therefore, strike-throughs and
underscoring have been omitted.