H. B. 3021

(By Delegates Douglas, Collins, Varner, Stalnaker, Willison, Flanigan and Perdue)

(Originating in the Committee on Government Organization)

[March 1, 1999]





A BILL to amend and reenact section three, article fourteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia commission for the deaf and hard-of-hearing; establishing authority over the commission to the department of health and human resources.

Be it enacted by the Legislature of West Virginia:
That section three, article fourteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-HEARING.
§5-14-3. Continuation of commission; membership.
The West Virginia commission for the deaf and hard of hearing There is hereby continued within the executive department the "West Virginia Commission for the Hearing Impaired department of health and human resources which shall be known as the "West Virginia Commission for the Deaf and Hard of Hearing" consisting of fifteen persons, eight of whom shall serve ex officio. ,to be The remaining members are appointed by the governor within sixty days after the effective date of this article by and with the advice and consent of the Senate. The commission shall meet no less than four times annually. All meetings and activities held by the commission shall be attended by at least two qualified interpreters who shall be hired at the commission's expense or provided free of charge by agencies, organizations or individuals willing to volunteer qualified interpreters. The members are:
(a) (1) The commissioner secretary, or his or her designee, of the bureau department of health and human resources; the commissioner, or his or her designee, of the division of labor; the director, or his or her designee, of the bureau of public division of health; the state superintendent of schools, or his or her designee, of the state board of education; the director, or his or her designee, of the division of rehabilitation; the director, or his or her designee, of the division of handicapped children's services in the division of human services; the chairman, or his or her designee, of the advisory council for the education of exceptional children; and the superintendent, or his or her designee, of the West Virginia School for the deaf, all of whom shall serve ex officio; and
(b) (2)Seven persons appointed by the governor, at least three of whom are deaf or hard-of-hearing, one of whom is the parent of a deaf child, one of whom is a certified teacher of the hearing-impaired, one audiologist and one otolaryngologist. Of the three deaf people, at least two shall be selected from a list of four people recommended by the board of the West Virginia association of the deaf.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.