Senate Bill No. 705

(By Senators Wooton, Ball, Dittmar, Hunter, McCabe, Minard, Mitchell, Oliverio, Redd, Ross, Snyder, Deem and McKenzie)

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[Originating in the Committee on the Judiciary;


reported March 4, 1999.]

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A BILL to amend and reenact section four, article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the provision of legal assistance to victims of domestic violence.

Be it enacted by the Legislature of West Virginia:
That section four, article two-c, chapter forty eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by amended and reenacted to read as follows:
ARTICLE 2C. DOMESTIC VIOLENCE ACT.

ยง48-2C-4. Duties of board.
It is the duty of the board to:
(a) Regulate its procedural practice;
(b) Receive and consider applications for the development of shelters;
(c) Facilitate the formation and operation of shelters;
(d) Promulgate rules and regulations to implement the provisions of this article and any applicable federal guidelines;
(e) Advise the secretary on matters of concern relative to his or her responsibilities under this article;
(f) Study issues pertinent to family protection shelters, programs for domestic violence victims, and report the results to the governor and the Legislature;
(g) Conduct hearings as necessary under this article;
(h) Delegate to the secretary such powers and duties of the board as the board may deem appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses;
(Ii) Deliver funds to shelters within forty-five days of the approval of a proposal for such shelters;
(j) Establish a system of peer review which will ensure the safety, well being and health of the clients of all shelters operating in the state;
(k) Evaluate annually each funded shelter to determine its compliance with the goals and objectives set out in its original application for funding or subsequent revisions;
(l) To award to shelters, for each fiscal year, ninety-five percent of the total funds collected and paid over during the fiscal year to the special revenue account established pursuant to section twenty-four, article one of this chapter and to expend, during said period a sum not in excess of five percent of said funds for cost of administering provisions of this article;
(m) To receive such funds as may be appropriated by the Legislature and to award those funds to shelters to employ, as shelter employees, attorneys who will provide of civil legal services to individuals seeking services as victims of domestic violence;
(m) (n) Establish and enforce system of standards for annual licensure for all shelters and programs in the state;
(n) (o) Enforce standards; and
(o) (p) Review its rules and regulations biannually.
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(NOTE: The purpose of this bill is to allow for the appropriation of funds to be awarded to domestic violence shelters to provide civil legal assistance to victims of domestic violence.

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