H. B. 4585
(By Mr. Speaker, Mr. Kiss, and Delegates
Thompson, Capito, Jenkins and Webb)
[Introduced February 18, 2000; 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-six-b,
relating to the creation of the governor's council on physical
fitness for children and adults in this state.
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-six-b, to read as follows:
ARTICLE 26B. GOVERNOR'S COUNCIL ON PHYSICAL FITNESS FOR CHILDREN
AND ADULTS.
§5-26B-1. Legislative findings; statement of purpose.
(a) The Legislature finds that while the early years of life are a critical developmental and educational stage in the total
life cycle and declares that parents are the children's first
teachers and have the primary responsibility for meeting the needs
and addressing the development of their children towards physical
fitness and physical well being, the lack of physical fitness of
the adults of this state through inactivity, use and consumption of
alcohol, tobacco and other forms of dissipation should be
discouraged and increased awareness of the benefits of physical
fitness and well being must be emphasized and encouraged in private
business and industry as well as adults and children in the home
and school.
The state has an obligation to promote healthy lifestyles in
the home, school and business, with the goal of providing for
children's and adult's long term physical fitness and overall
well-being.
The Legislature intends to accomplish its goals relating to
children and adults through a comprehensive education program on
physical fitness and well being providing educational and
instructional services, programs and facilities for children and
adults overseen by the highest levels of state government.
(b) The Legislature hereby declares that one purpose of this article and the policy of the state is to achieve the coordination
of physical fitness and well being programs and services to
children and adults through a council in the governor's office
which is independent from any state agency and which shall act as
an interagency council created to nurture a flexible system for the
comprehensive, unified, effective and efficient administration of
physical fitness and well being programs and services to children
and adults which avoids fragmentation and duplication of programs
and services and which facilitates and promotes cooperation among
state agencies, as well as regional, local and private service
agencies. It is the intent of the Legislature, through the
governor's council, to emphasize the importance of physical fitness
programs and well being and services to children and adults in
order to avoid the human and financial costs to the state of
individual and family members whose health and inactive life styles
and use of alcohol and tobacco lead to and cause physical health
deterioration and instability, and to benefit the state and society
as a whole. For maximum effectiveness, the Legislature intends to
provide these services in a long-term manner with such intensity as
the needs of the particular situation require.
(c) The Legislature intends that participation in the programs authorized or required in this article shall be voluntary on the
part of any child or adult for whom the program is available.
§5-26B-2. Council established.
There is hereby created the governor's council on physical
fitness for children and adults, hereinafter referred to as the
"council." The council shall include one member appointed by the
secretary of health and human resources; one member appointed by
the president of West Virginia University; one member appointed by
the president of Marshall University; the state superintendent of
schools; one member appointed by the adjutant general; and one
member appointed by the governor.
The council shall be chaired by the governor and shall convene
at least monthly during the first year and thereafter shall meet at
least quarterly. The council shall exist under the purview of the
governor's cabinet on children and families.
§5-26B-3. Duties and responsibilities of council generally.
In addition to all other duties and responsibilities assigned
to the council in this article and elsewhere by law, the council
has the power and the duty to:
(1) Analyze ways to best utilize the information and
evaluations obtained through previously existing or ongoing physical fitness programs for children and adults and determine
ways to implement or incorporate aspects of the programs that would
be of benefit to adults and children in this state;
(2) Designate an individual who shall monitor and report on
any other physical fitness and well being programs throughout the
state;
(3) Provide for the coordination of any other physical fitness
and well being programs and services for all adults and children in
the state;
(4) Identify facilities and properties throughout the state
that may be required or available for the effective and efficient
provision of physical fitness and well being programs and services
to adults and children, with an emphasis on utilizing available
state facilities, including public school facilities and facilities
within the state system of higher education;
(5) Prepare a proposed budget for the operation of the council
to be recommended to the governor for inclusion in the executive
budget to be submitted to the Legislature;
(6) Promote the work of the governor's council on physical
fitness for children and adults in order to engender strong support
from the community, the Legislature and business leaders;
(7) Provide public information on physical fitness and well
being services and programs available to adults and children;
(8) Address specifically the provision of physical fitness and
well being programs and services to adults and children living in
the rural areas of the state; and
(9) Report annually to the Legislature and to other units as
the council may consider appropriate on issues relating to physical
fitness and well being programs for adults and children.
§5-26B-4. Powers and authority of council generally.
In addition to all other powers granted to the council in this
article and elsewhere by law, the council has the power and
authority to:
(1) Provide or contract with any agencies or persons in this
state and other states for any facilities, equipment or service
necessary to achieve the purposes of this article;
(2) Develop and implement rules, standards and policies
governing the internal operation and administration of the council;
(3) Delegate any of the council's powers, duties or functions
as the council considers appropriate, expedient and effective;
(4) Solicit and accept proposals in furtherance of any
physical fitness and well being program or service required by this article.
(5) Solicit, accept and expend grants, gifts, bequests,
donations and other funds made available to the council: Provided,
That all unrestricted grants, gifts, bequests and donations are
deposited in the physical fitness for adult's and children's fund
created pursuant to section six of this article;
(6) Exercise any and all other powers, including the adoption
of an official seal and to charter public or quasi-public
corporations, necessary for the discharge of the council's duties
and the implementation of the purposes of this article.
§5-26B-5. Powers and duties relating to funding and budgetary
needs for physical fitness for adults and children.
(a) The council shall analyze the budgets of the departments
of state government to the extent that they address or impact upon
physical fitness and well being programs and services for adults
and children, review budgetary needs and revenue sources, and make
recommendations regarding the governor's proposed budget and the
redirection of resources. In making the recommendations, the
council shall educate themselves on the availability of and
eligibility for federal, local and private funding, with the goal
of maximizing federal, local and private revenues for use in areas directly benefitting physical fitness and well being for adults and
children.
(b) Any legislative recommendation is accompanied by a
proposal or plan for sufficient funding. In exploring all aspects
of funding possibilities, the council shall consider innovative,
flexible funding as interagency funding, joint funding pools,
interagency reimbursement, and funding by the adults or families
serviced based on ability to pay.
(c) Notwithstanding the provisions of section nineteen,
article two, chapter five-a of this code or any other provision of
law to the contrary, the council may transfer funds among, between
and within departments in accordance with rules for the purpose
adopted by the council notwithstanding the provisions of chapter
twenty-nine-a of this code.
(d) The council shall develop fiscal incentives for the
establishment of programs resulting in substantial cost savings.
Any savings resulting from the coordination of physical fitness and
well being programs and services for adults and children are
reinvested for expenditure in areas directly benefitting physical
fitness and well being for adults and children.
§5-26B-6. Physical fitness fund created; purpose.
(a) The council shall establish a physical fitness and well
being for adult's and children's fund for the sole purpose of
awarding grants, loans and loan guaranties for adult's and
children's physical fitness and well being activities. Gifts,
bequests or donations for this purpose, in addition to
appropriations to the fund, are deposited in the state treasury in
a special revenue account that is independent from any executive or
other department of government, other than the office of the
governor.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the adult's and
children's physical fitness and well being fund by so designating
the contribution on the state personal income tax return form. The
council shall approve the wording of the designation on the income
tax return form, which designation shall appear on tax forms. The
tax commissioner shall determine by the first day of July of each
year the total amount designated pursuant to this subsection and
shall report that amount to the state treasurer, who shall credit
that amount to the adult's and children's physical fitness and well
being fund.
(c) All interest accruing from investment of moneys in the adult's and children's physical fitness and well being fund are
credited to the fund. The legislative auditor shall conduct an
audit of the fund before the first day of July, two thousand five
and at least every three fiscal years thereafter.
§5-26B-7. Use of public school and higher education facilities and
resources.
At every level of planning, service providers and
administrators shall plan to utilize available facilities and
resources under the control of the state and county boards of
education and governing boards of the state institutions of higher
education.
§5-26B-8. Termination date.
Pursuant to the provisions of article ten, chapter four of
this code, the governor's council on physical fitness and well
being for adults and children shall continue to exist until the
first day of July, two thousand eight: Provided, That the council
shall prepare an annual progress report and shall present the
report to the joint committee on government operations. The report
shall detail the council's compliance with its purposes, duties and
responsibilities as set forth in sections one, three and four of
this article, together with proposed plans for future compliance and proposed programs for the following year.
NOTE: The purpose of this bill is to establish a Governor's
Council on physical fitness for children and adults in this state,
operating under the purview of the Governor's Cabinet on Children
and Families.
This article is new; therefore, strike-throughs and
underscoring have been omitted.