H. B. 4349


(By Delegates Flanigan and Stewart)
[Introduced February 4, 1994; 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 of one 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 chapter twenty-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 that deal 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 policy issues.
(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.