H. B. 4327


(By Delegates Walters, Nesbitt, Henderson, Border,
Harrison, Wallace and Huntwork)

[Introduced February 2, 1994; referred to the
Committee on Government Organization 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; defining the authority's powers and duties, including the consolidation of services to the homeless and the issuance of grants to approved organizations; creating an advisory council to the board; defining the advisory council's composition, responsibilities and terms; and requiring an annual report to the governor and Legislature.
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 and homeless shelter programs and to provide counseling and referral services for homeless 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 of organizations 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 compensation for 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 to the authority within the Department of Health and Human Services which will consolidate all existing services for homeless persons and grants issued to approved organizations.

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