SB49 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 49
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Originating in the Committee on Government Organization;
reported February 16, 1994.]
____________
A BILL to repeal article twelve-a, chapter nineteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section one, article two,
chapter five-f of said code; to amend and reenact sections
one, two, three, four, four-a, five, seven, nine and twelve,
article ten-a, chapter eighteen of said code; to amend
article one, chapter nineteen of said code by adding thereto
a new section, designated section one-a; all relating to the
reorganization of certain governmental agencies including
the division of banking, the board of banking and financial
institutions, the lending rate board, the municipal bond
commission, the division of rehabilitation services, the
commission on the hearing impaired, and the human rights
commission; the abolishing of the office of the secretary of
commerce, labor and environmental resources; reorganization
of the department of commerce, labor and environmental
resources; and abolishment of the farm management
commission.
Be it enacted by the Legislature of West Virginia:
That article twelve-a, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; that section one, article two, chapter five-f of said
code be amended and reenacted; that sections one, two, three,
four, four-a, five, seven, nine and twelve, article ten-a,
chapter eighteen of said code be amended and reenacted; and that
article one, chapter nineteen of said code be amended by adding
thereto a new section, designated section one-a, all to read as
follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
5F-2-1. Transfer and incorporation of agencies and boards;
funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of administration:
(1) Building commission provided for in article six, chapter
five of this code;
(2) Public employees insurance agency and public employees
insurance agency advisory board provided for in article sixteen,
chapter five of this code;
(3) Council of finance and administration provided for in
article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article
one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in
article four-a, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article
one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided
for in article twenty-nine, chapter eighteen and article six-a,
chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in
article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty-
three, chapter twenty-nine of this code;
(10) Public defender services provided for in article
twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six,
chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in
article two, chapter six-b of this code; and
(13) Consolidated public retirement board provided for in
article ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of commerce, labor and environmental resources:
(1) Forest management review commission provided for in
article twenty-four, chapter five of this code;
(2) Division of tourism and parks provided for in article
one, chapter five-b of this code;
(3) The West Virginia development office provided for in
article two, chapter five-b of this code.
(4) Enterprise zone authority provided for in article two-b,
chapter five-b of this code;
(5) Office of federal procurement assistance provided for in
article two-c, chapter five-b of this code;
(6) Labor-management council provided for in article four,
chapter five-b of this code;
(7) Public energy authority and board provided for in
chapter five-d of this code;
(8) Air pollution control commission provided for in article
twenty, chapter sixteen of this code;
(9) Solid waste management board provided for in article
twenty-six, chapter sixteen of this code;
(10) Division of forestry and forestry commission provided
for in article one-a, chapter nineteen of this code;
(11) Division of natural resources and natural resources
commission provided for in article one, chapter twenty of this
code;
(12) Water resources board provided for in article five,
chapter twenty of this code;
(13) Water development authority and board provided for in
article five-c, chapter twenty of this code;
(14) Division of labor provided for in article one, chapter
twenty-one of this code;
(15) Occupational safety and health review commissionprovided for in article three-a, chapter twenty-one of this code;
(16) Board of manufactured housing construction and safety
provided for in article nine, chapter twenty-one of this code;
(17) Division of environmental protection provided for in
article one, chapter twenty-two of this code;
(18) Reclamation board of review provided for in article
four, chapter twenty-two of this code;
(19) Board of appeals provided for in article five, chapter
twenty-two of this code;
(20) Board of coal mine health and safety and coal mine
safety and technical review committee provided for in article
six, chapter twenty-two of this code;
(21) Shallow gas well review board provided for in article
seven, chapter twenty-two of this code;
(22) Oil and gas conservation commission provided for in
article eight, chapter twenty-two of this code;
(23) Board of miner training, education and certification
provided for in article nine, chapter twenty-two of this code;
(24) Mine inspectors' examining board provided for in
article eleven, chapter twenty-two of this code;
(25) Oil and gas inspectors' examining board provided for in
article thirteen, chapter twenty-two of this code;
(26) Geological and economic survey provided for in article
two, chapter twenty-nine of this code;
(27) Blennerhassett historical state park commission
provided for in article eight, chapter twenty-nine of this code;
(28) Economic development authority provided for in article
fifteen, chapter thirty-one of this code;
(29) Bureau of employment programs provided for in article
one, chapter twenty-one-a of this code;
(30) Human rights commission provided for in article eleven,
chapter five of this code, which shall be within the bureau of
employment programs;
(31) The West Virginia commission for the hearing impaired
provided for in article fourteen, chapter five of this code,
which shall be within the bureau of employment programs;
On or before the first day of January, one thousand nine
hundred ninety-five, the governor may by executive order
reorganize the department of commerce, labor and environmental
resources. The governor may by said executive order provide for
the elimination of the position and the office of the secretary
of commerce, labor and environmental resources, and may further
provide by said executive order for the transfer, in whole or in
part, of any agency or board in the department of commerce, labor
and environmental resources and any function of any agency or
board in the department of commerce, labor and environmental
resources, to any other agency or board in the department of
commerce, labor and environmental resources, or to any other
executive department. The governor may also provide by said
executive order for the merger, combination and renaming of any
agency or board in the department of commerce, labor and
environmental resources and for the direct report to the governor
of any administrator: Provided, That any such reorganization of
the department of commerce, labor and environmental resources is
subject to legislative approval after the first of January, one
thousand nine hundred ninety-five.
(c) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of education and the arts:
(1) Library commission provided for in article one, chapter
ten of this code;
(2) Educational broadcasting authority provided for in
article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided
for in article two and board of directors of the state college
system provided for in article three, chapter eighteen-b of this
code; and
(4) Division of culture and history provided for in article
one, chapter twenty-nine of this code;
(5) Division of rehabilitation services established by
section two, article ten-a, chapter eighteen of this code.
(d) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of health and human resources:
(1) Division of human services provided for in article two,
chapter nine of this code;
(2) Division of health provided for in article one, chapter
sixteen of this code;
(3) Office of emergency medical services and advisory
council thereto provided for in article four-c, chapter sixteenof this code;
(4) Hospital finance authority provided for in article
twenty-nine-a, chapter sixteen of this code;
(5) Health care cost review authority provided for in
article twenty-nine-b, chapter sixteen of this code;
(6) (5) Commission on aging provided for in article
fourteen, chapter twenty-nine of this code; and
(7) (6) Commission on mental retardation provided for in
article fifteen, chapter twenty-nine of this code.
(8) Women's commission provided for in article twenty,
chapter twenty-nine of this code.
(e) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of military affairs and public safety:
(1) Adjutant general's department provided for in article
one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter
fifteen of this code;
(3) Military awards board provided for in article one-g,
chapter fifteen of this code;
(4) Division of public safety provided for in article two,
chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board
provided for in article five and emergency response commission
provided for in article five-a, chapter fifteen of this code;
(6) Sheriffs' bureau provided for in article eight, chapterfifteen of this code;
(7) Division of corrections provided for in chapter twenty-
five of this code;
(8) Fire commission provided for in article three, chapter
twenty-nine of this code;
(9) Regional jail and correctional facility authority
provided for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article
twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council
provided for in article one, chapter nine-a of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven
of this code;
(2) Appraisal control and review commission provided for in
article one-a, chapter eleven of this code;
(3) Racing commission provided for in article twenty-three,
chapter nineteen of this code;
(4) Lottery commission and position of lottery director
provided for in article twenty-two, chapter twenty-nine of this
code;
(5) Agency of insurance commissioner provided for in article
two, chapter thirty-three of this code;
(6) Office of alcohol beverage control commissioner providedfor in article sixteen, chapter eleven and article two, chapter
sixty of this code;
(7) Division of professional and occupational licenses
which may be hereafter created by the Legislature;
(8) Board of banking and financial institutions provided for
in article three, chapter thirty-one-a of this code;
(9) Lending and credit rate board provided for in chapter
forty-seven-a of this code; and
(10) Division of banking provided for in article two,
chapter thirty-one-a of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of transportation:
(1) Road commission provided for in article two, chapter
seventeen of this code;
(2) Division of highways provided for in article two-a,
chapter seventeen of this code;
(3) Parkways, economic development and tourism authority
provided for in article sixteen-a, chapter seventeen of this
code;
(4) Division of motor vehicles provided for in article two,
chapter seventeen-a of this code;
(5) Driver's licensing advisory board provided for in
article two, chapter seventeen-b of this code;
(6) Aeronautics commission provided for in article two-a,
chapter twenty-nine of this code;
(7) Railroad maintenance authority provided for in article
eighteen, chapter twenty-nine of this code; and
(8) Port authority provided for in article sixteen-b,
chapter seventeen of this code.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
West Virginia Housing Development Fund;
(1) The municipal bond commission.
(i) Except for such powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence of the
position of administrator and of the agency and the powers,
authority and duties of each administrator and agency shall not
be affected by the enactment of this chapter.
(j) Except for such powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence, powers,
authority and duties of boards and the membership, terms and
qualifications of members of such boards shall not be affected by
the enactment of this chapter, and all boards which are appellate
bodies or were otherwise established to be independent
decisionmakers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(k) Any department previously transferred to and
incorporated in a department created in section two, article one
of this chapter by prior enactment of this section in chapterthree, acts of the Legislature, first extraordinary session, one
thousand nine hundred eighty-nine, and subsequent amendments
thereto, shall henceforth be read, construed and understood to
mean a division of the appropriate department so created.
Wherever elsewhere in this code, in any act, in general or other
law, in any rule or regulation, or in any ordinance, resolution
or order, reference is made to any department transferred to and
incorporated in a department created in section two, article one
of this chapter, such reference shall henceforth be read,
construed and understood to mean a division of the appropriate
department so created, and any such reference elsewhere to a
division of a department so transferred and incorporated shall
henceforth be read, construed and understood to mean a section of
the appropriate division of the department so created.
CHAPTER 18. EDUCATION.
ARTICLE 10A. VOCATIONAL REHABILITATION.
§18-10A-1. Definitions.
As used in this article and article ten-b:
(1) "State board" means the secretary of the department of
education and the arts, or where required by federal law, the
board, commission or council designated by the secretary of the
department of education and the arts to oversee certain functions
of the division of rehabilitation services. All references in
this code to the state board of vocational education, except
where the context clearly indicates the provision of vocational
education to other than disabled individuals, shall mean the
state board defined by this subsection.
(2) "Division" means the division of vocationalrehabilitation established by this article.
(3) "Director" means the director of the division of
vocational rehabilitation.
(4) "Employment handicap" means a physical or mental
condition which constitutes, contributes to, or if not corrected
will probably result in, an obstruction to occupational
performance.
(5) "Disabled individual" means any person who has a
substantial employment handicap.
(6) "Vocational rehabilitation" and "vocational
rehabilitation services" means any services, provided directly or
through public or private instrumentalities, found by the
director to be necessary to compensate a disabled individual for
his employment handicap and to enable him to engage in a
remunerative occupation including, but not limited to, medical
and vocational diagnosis, vocational guidance, counseling and
placement, rehabilitation training, attendant care services,
physical restoration, transportation, occupational licenses,
occupational tools and equipment, including motor vehicles,
maintenance, and training books and materials.
(7) "Rehabilitation training" means all necessary training
provided to a disabled individual to compensate for his
employment handicap including, but not limited to, manual,
preconditioning, prevocational, vocational, and supplementary
training and training provided for the purpose of achieving
broader or more remunerative skills and capacities.
(8) "Physical restoration" means any medical, surgical or
therapeutic treatment necessary to correct or substantiallyreduce a disabled individual's employment handicap within a
reasonable length of time including, but not limited to, medical,
psychiatric, dental and surgical treatment, nursing services,
hospital care not to exceed ninety days, convalescent home care,
drugs, medical and surgical supplies, and prosthetic appliances,
but excluding curative treatment for acute or transitory
conditions.
(9) "Prosthetic appliance" means any artificial device
necessary to support or take the place of a part of the body or
to increase the acuity of a sense organ.
(10) "Occupational licenses" means any license, permit or
other written authority required by any governmental unit to be
obtained in order to engage in an occupation.
(11) "Maintenance" means money payments not exceeding the
estimated cost of subsistence during vocational rehabilitation.
(12) "Regulations" means regulations made by the director
with the approval of the secretary of the department of education
and the arts or the state board.
(13) "Attendant care evaluation unit" means any agency
certified by the division of vocational rehabilitation that
employs a qualified evaluator to provide evaluations and
attendant referrals such as the centers for independent living,
the West Virginia rehabilitation center and any other unit
approved by the division.
(14) "Attendant care services" means services which include,
but are not limited to:
(a) Routine bodily functions such as bowel and bladder care;
(b) Dressing;
(c) Ambulation;
(d) Meal preparation and consumption;
(e) Assistance in moving in and out of bed;
(f) Bathing and grooming;
(g) Housecleaning and laundry; and
(h) Any other similar activity of daily living.
(15) "Attendant" means a self-employed individual who is
trained to perform attendant care services and who works as an
independent contractor.
§18-10A-2. Division of rehabilitation services.
The division of rehabilitation services is hereby
transferred to the department of education and the arts created
in article one, chapter five-f of this code. The secretary shall
appoint any such board, commission, or council over the division
to the extent required by federal law to qualify for federal
funds for providing rehabilitation services for disabled persons.
The secretary and such boards, commissions, or councils as he or
she is required by federal law to appoint, are authorized and
directed to cooperate with the federal government to the fullest
extent in an effort to provide rehabilitation services for
disabled persons.
Except as to the provisions of article two-b of this chapter
and such other code references where the context clearly
indicates the provision of vocational education to other than
disabled individuals, references in this code to the state board
of vocational education as the governing board of vocational or
other rehabilitation services or facilities shall mean the
secretary of the department of education and the arts or his orher designated board, commission, or council responsible for
rehabilitation services. All references in the code to the
division of vocational rehabilitation shall mean the division of
rehabilitation services, and all references to the director of
the division of vocational rehabilitation shall mean the director
of the division of rehabilitation services.
§18-10A-3. Director of division of vocational rehabilitation;
powers and duties.
The division shall be administered, under the general
supervision and direction of the secretary of the department of
education and the arts or, if required by federal law his or her
designated state board, by a director appointed by said
secretary, or if required by federal law his or her designated
state board in accordance with established personnel standards
and on the basis of his or her education, training, experience
and demonstrated ability.
In carrying out his or her duties under this article, the
director shall:
(1) Appoint such personnel as he or she deems necessary for
the efficient performance of the functions of the division.
(2) Establish a merit system of personnel management, or in
lieu thereof, avail himself or herself of the services of the
state merit system upon payment of a fair share of the expenses
of the operation of such system.
(3) Make regulations governing the protection of records and
confidential information; the manner and form of filing
applications for vocational rehabilitation services, eligibility
therefor, and investigation and determination thereof; proceduresfor fair bearings; and such other matters as may be necessary or
desirable in accomplishing the purposes of this article.
(4) Have the authority to establish and operate a staff
development program for the employees of the division and may, in
furtherance of such a program, and utilizing any funds
appropriated or made available, for such purpose, pay to such
employees compensation or expenses, or both, while such employees
are pursuing approved training courses or academic studies for
the purpose of becoming better equipped for their employment in
such division; such staff development program shall be conducted
subject to appropriate rules and regulations as adopted by the
director and approved by the state board: Provided, That such
rules and regulations shall include reasonable provisions for the
return of any employee, receiving the benefits of such training,
for a reasonable period of duty, or for reimbursement to the
state for expenditures incurred on behalf of the training of such
employee.
(5) Establish appropriate subordinate administrative units
within the division.
(6) Prepare and submit to the secretary of the department of
education and the arts or his or her designated state board
annual reports of activities and expenditures and, prior to each
regular session of the Legislature, estimates of sums required
for carrying out the provisions of this article and estimates of
the amounts to be made available for this purpose from all
sources.
(7) Make requisition for disbursement, in accordance with
regulations of the funds available for vocational rehabilitationpurposes.
(8) Take such other action as may be deemed necessary or
appropriate to carry out the purposes of this article.
§18-10A-4. Vocational rehabilitation services.
Except as otherwise provided by law the division shall
provide vocational rehabilitation services to disabled
individuals determined by the director to be eligible therefor,
and for this purpose the division is authorized among other
things to:
(1) Cooperate with other departments, agencies and
institutions, both public and private, in providing for the
vocational rehabilitation of disabled individuals, in studying
the problems involved therein, and in establishing, developing
and providing, in conformity with the provisions of this article,
such programs, facilities and services as may be necessary or
desirable.
(2) Enter into reciprocal agreements with any other state to
provide for the vocational rehabilitation of residents of such
state.
(3) Conduct research and compile statistics relating to the
vocational rehabilitation of disabled individuals.
§18-10A-4a. Attendant care services.
The purpose of this section is to declare the intent of the
state to enable severely physically disabled adults to enter or
continue in the workforce, to enhance the opportunities for
disabled individuals to participate fully in society through
self-fulfillment and economic independence.
The division shall administer the provision of attendantcare services as a separate and distinct program to any severely
physically disabled adult who is present in the state at the time
of filing their application. The division may administer the
program or may enter into a contract with a private or public
organization to administer and operate the program. If the
program is administered by the division, the funds shall be used
as payments for attendant care services, evaluations, attendant
management training and administrative costs. If the division
enters into a contract with a private or public organization, the
private or public organization may use the funds as payments for
attendant care services, evaluations, attendant management
training and for reasonable administrative costs. The
administrative costs allowed under the contract shall be
negotiated and approved by the director. The division shall
establish a waiting list of eligible disabled individuals if
sufficient funds are not available under the program.
Determination will be made by a certified evaluation unit that
such adult needs fourteen or more hours of attendant care per
week: Provided, That the severely physically disabled adult is
eighteen years of age or older, is employed or will be ready for
employment within six months of the time application for services
is made and has a total income of no more than thirty thousand
dollars annually. The maximum income allowable will be
recalculated each year based on changes in the consumer price
index. The eligible adult shall be reevaluated by a certified
evaluation unit at the direction of the division at least once
every two years to determine their continuing need for attendant
care services. The eligible adult is responsible for hiring,firing and supervising his or her attendant. Any subsidy
received under the provisions of this section for the purpose of
providing attendant care services shall not be considered income
to the severely disabled person for any purpose to the extent
permitted by federal law and regulations (IRS Act of 1954) but
shall supplement any other aid for which the adult is eligible.
The division is responsible for accepting applications for
attendant care services from severely physically disabled adults
and making determinations of eligibility. The division shall
provide for certifying evaluation units and shall make
determination regarding certification for each evaluation unit
which makes application.
The cost of evaluation fees, training of both attendants and
eligible adults in the management of attendants and provision of
attendant care services shall be borne by the division from funds
allocated for this program.
The division shall acquire from a certified evaluation unit
an evaluation of the attendant care needs for each applicant.
Within thirty days of the time that any application for attendant
care services is filed, the applicant shall be notified that
arrangements have been made for the applicant to be evaluated by
a certified evaluation unit. Based upon the evaluator's
information, the division shall develop a plan for each eligible
applicant that shall include the amount of attendant care time
needed per week and an estimate of the length of time the
attendant care services will be needed. Notice shall be given to
the applicant and the evaluator as soon as a decision has been
made regarding the eligibility of each applicant. If therecommendations of the certified evaluation unit are not
followed, the division shall include the reasons for reaching its
decision in the notice sent to the applicant and evaluator.
The division shall promulgate policies and procedures for
the administration of this program. The division shall adopt
rules and regulations for full fiscal accountability for all
appropriated funds and financial assistance shall be given in
accordance with a sliding payment scale established by the
division. The division shall also establish a consumer advisory
committee for the purpose of advising on policies and procedures
and related matters involved in administration of the program.
The division shall be responsible for establishing an
appeals procedure for those applicants who have been denied
attendant care services and for informing all applicants of their
right to appeal a decision of the division.
§18-10A-5. Cooperation with federal government.
The division, or if required by federal law the board,
commission or council appointed by the secretary of the
department of education and the arts to oversee certain functions
of the division, shall make agreements or plans to cooperate with
the federal government in carrying out the purposes of any
federal statutes pertaining to vocational rehabilitation and to
this end may adopt such methods of administration as are found by
the federal government to be necessary for the proper and
efficient operation of such agreements or plans for vocational
rehabilitation and to comply with such conditions as may be
necessary to secure the full benefits of such federal statutes.
§18-10A-7. Gifts.
The director is hereby authorized and empowered to accept
and use gifts made unconditionally by will or otherwise for
carrying out the purposes of this article. Gifts made under such
conditions as in the judgment of the state board are proper and
consistent with the provisions of this article may be so accepted
and shall be held, invested, reinvested, and used in accordance
with the conditions of the gift.
§18-10A-9. Grievance hearings.
Any individual applying for or receiving vocational
rehabilitation who is aggrieved by any action or inaction of the
division shall be entitled, in accordance with regulations, to a
fair hearing.
§18-10A-12. Vocational evaluation and work adjustment program
for disadvantaged individuals.
The division, under the direction of any federally mandated
board, commission or council appointed by the secretary of the
department of education and the arts, is authorized and directed
to cooperate with the federal government in providing vocational
evaluation and work adjustment services to disadvantaged
individuals.
"Vocational evaluation and work adjustment services"
include, as appropriate in each case, such services as:
(a) A preliminary diagnostic study to determine that the
individual is disadvantaged, has an employment handicap, and that
services are needed;
(b) A thorough diagnostic study consisting of a
comprehensive evaluation of pertinent medical, psychological,
vocational, educational, cultural, social, and environmentalfactors which bear on the individual's handicap to employment and
rehabilitation potential including, to the degree needed, an
evaluation of the individual's personality, intelligence level,
educational achievements, work experience, vocational aptitudes
and interests, personal and social adjustments, employment
opportunities, and other pertinent data helpful in determining
the nature and scope of services needed;
(c) Services to appraise the individual's patterns of work
behavior and ability to acquire occupational skills, and to
develop work attitudes, work habits, work tolerance, and social
and behavior patterns suitable for successful job performance,
including the utilization of work, simulated or real, to assess
and develop the individual's capacities to perform adequately in
a work environment;
(d) Any other goods or services provided to a disadvantaged
individual, determined (in accordance with regulations of the
federal government) to be necessary for, and which are provided
for the purpose of, ascertaining the nature of the handicap to
employment and whether it may reasonably be expected the
individual can benefit from vocational rehabilitation services or
other services available to disadvantaged individuals;
(e) Outreach, referral, and advocacy; and
(f) The administration of these evaluation and work
adjustment services.
As used in this section, the term "disadvantaged
individuals" means (1) disabled individuals as defined in
subdivision five, section one of this article, (2) individuals
disadvantaged by reason of their youth or advanced age, loweducational attainments, ethnic or cultural factors, prison or
delinquency records, or other conditions which constitute a
barrier to employment, and (3) other members of their families
when the provision of vocational rehabilitation services to
family members is necessary for the rehabilitation of the
individual described in subdivision (1) or (2) above.
CHAPTER 19. AGRICULTURE.
ARTICLE 1. DEPARTMENT OF AGRICULTURE.
§19-1-1a. Farm management commission abolished; property
transferred.
The farm management commission previously established by
this article is hereby abolished. The real and personal property
held by the commission related to operations at the Huttonsville
Correctional Center and the facility at Pruntytown, including
operating revenue funds for those operations, shall be
transferred to the department of agriculture. All remaining
property shall be transferred to the public land corporation.
Such property shall not be sold or its use altered without the
approval of the West Virginia development authority.
The Legislature shall appropriate the moneys in accounts no.
86-15-999, 86-16-999, and 86-17-999 by a specific numbered
account in the budget bill.