Senate Bill No. 525
(By Senators Unger, Prezioso, Oliverio, Snyder, Facemyer, Edgell,
Rowe, Helmick, Fanning, Sharpe, Ross, Hunter, Caldwell, Redd,
Burnette, Minear, Minard, Kessler, Plymale, Love, Mitchell,
Boley, Bowman, Anderson, McCabe, Tomblin, Mr. President)
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[Introduced March 20, 2001; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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A BILL to amend chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding there
to a new article, designated article ten-m, relating to
establishing the statewide independent living council;
providing for the powers and duties of the council; providing
for a state plan for the provision of independent living
services to people with disabilities to be jointly developed
by the council and the division of rehabilitation services;
establishing a mechanism for funding independent living
services, which shall be administered by the division; and
requiring centers for independent living to maintain certain standards and give certain assurances in order to qualify for
assistance.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article ten-m, to read as
follows:
ARTICLE 10M. INDEPENDENT LIVING ACT.
§18-10M-1. Short title.
This article may be referred to as the "Independent Living
Act."
§18-10M-2. Legislative findings and declarations.
The legislature finds and declares:
(1) The state recognizes the value of independent living
services to enable people with disabilities to live more
independently in their own homes and communities.
(2) People with disabilities have the best capacity to design,
develop, manage, and implement those programs and services that are
intended to assist them.
(3) The federal rehabilitation act provides for the
establishment and operation of a statewide independent living
council to monitor, review, and evaluate the implementation of the
state plan for independent living.
(4) The federal rehabilitation act requires the development of
a state plan for independent living to describe and direct
independent living services.
(5) There are approximately 250,000 residents of the state
with disabilities who will benefit directly or indirectly from
independent living services provided by the division of
rehabilitation services under the state plan for independent living
and by centers for independent living.
(6) Twenty-five percent of West Virginia's total population is
over fifty-five years of age and thirteen and one-half percent of
that population requires assistance with activities of daily living
in order to live independently in their own homes.
(7) There is a need to a coordinated network of
consumer-controlled centers for independent living effectively
reaching all fifty-five counties of the state.
§18-10M-3. Purpose.
The purpose of activities and services provided under this
article is to enable individuals with disabilities to live as
independently as possible in their own homes and communities; to
promote the philosophy of independent living including a philosophy
of consumer control, peer support, self-help, self-determination,
equal access, individual and systems advocacy, to maximize the
leadership, empowerment, independence, and productivity of individuals with significant disabilities; and to promote and
maximize the integration and full inclusion of individuals with
significant disabilities into the mainstream of American society.
These services shall be provided in the most integrated setting as
mandated by the Americans with Disabilities Act of 1990.
§18-10M-4. Definitions.
Terms used in this section have the same meanings as defined
in the federal rehabilitation act.
(a) "Consumer control" means individuals with disabilities
having decision-making authority.
(b) "Council" means the statewide independent living council.
(c) "Division" means the division of rehabilitation services.
(d) "Independent living services" means advocacy, independent
living skills, training, information and referral, peer counseling,
peer support and any other independent living services as directed
by the state plan for independent living which may include but are
not necessarily limited to:
(1) Assistive devices, equipment services;
(2) Communication services;
(3) Counseling and related services;
(4) Community awareness programs to enhance the understanding
and integration into society of individuals with disabilities;
(5) Environmental modifications;
(6) Family services;
(7) Mobility training;
(8) Personal assistance services;
(9) Prostheses and other appliances and devices;
(10) Rehabilitation technology.
(e) "State plan" means the state plan for independent living
required by the federal Rehabilitation Act of 1973, as amended.
§18-10M-5. Eligibility.
Services may be provided to any eligible individual with a
significant disability as defined in the state plan for independent
living.
§18-10M-6. Statewide independent living council.
The statewide independent living council shall be organized to
meet the requirements of the federal rehabilitation act, as most
recently amended. The West Virginia statewide independent living
council, inc. shall serve as the required statewide independent
living council, provided that it continues to meet the federal
requirements. Being a not for profit corporation, the West
Virginia statewide independent living council, inc. agrees to
accept as its board of directors, the governor appointed, voting
members of the council. The council may not be established as an
entity within any state agency.
The statewide independent living council functions as a partner with the division of rehabilitation services in the
planning and provision of independent living services. The council
shall jointly with the division, develop, approve and submit the
state plan for independent living. The council shall monitor,
review and evaluate the effectiveness of the implementation of the
state plan.
(a) Appointment. --
Members of the council shall be appointed by the governor, by
and with the advice and consent of the Senate. The existing
council shall submit recommendations to the governor after
soliciting nominations representing a broad range of individuals
with disabilities and organizations interested in individuals with
disabilities.
(b) Composition. --
The council shall include:
(1) At least one director of a center for independent living,
chosen by the directors of centers for independent living within
the State; and
(2) As ex officio, nonvoting members:
(A) A representative from the division of rehabilitation
services;
(B) Representatives from other state agencies that provide
services for individuals with disabilities;
(C) Other representatives from centers for independent living;
(D) Parents and guardians of individuals with disabilities;
(E) Advocates of and for individuals with disabilities;
(F) Representatives from private business;
(G) Representatives from organizations that provide services
for individuals with disabilities; and
(H) Other appropriate individuals.
The council shall be composed of members:
(1) Who provide statewide representation;
(2) Who represent a broad range of individuals with
disabilities from diverse backgrounds;
(3) Who are knowledgeable about centers for independent living
and independent living services; and
(4) A majority of whom are persons who are:
(A) Individuals with disabilities; and
(B) Not employed by any state agency or center for independent
living.
A majority of the voting members of the council shall be:
(1) Individuals with disabilities; and
(2) Not employed by any state agency or center for independent
living.
(c) Terms of appointment. --
Each member of the council shall serve for a term of three
years, except that:
(1) A member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was appointed,
shall be appointed for the remainder of the term; and
(2) The terms of service of the members initially appointed
shall be (as specified by the governor) for such fewer number of
years as will provide for the expiration of terms on a staggered
basis.
No member of the council may serve more than two consecutive
full terms.
(d) Vacancies. --
Any vacancy occurring in the membership of the council shall
be filled in the same manner as the original appointment. The
vacancy does not affect the power of the remaining members to
execute the duties of the council.
(e) Delegation. --
The governor may delegate the authority to fill a vacancy to
the remaining voting members of the council after making the
original appointment.
(f) Duties. --
The council shall:
(1) Jointly develop and sign (in conjunction with the division
of rehabilitation services) the state plan for independent living;
(2) Monitor, review, and evaluate the implementation of the
state plan;
(3) Coordinate activities with the state rehabilitation
council and other councils that address the needs of specific
disability populations and issues under other federal and state
law;
(4) Ensure that all regularly scheduled meetings of the
council are open to the public and sufficient advanced notice is
provided; and
(5) Submit to the federal funding agency such periodic reports
as they may reasonably request, and keep such records, and afford
access to such records, as necessary to verify such reports.
(g) Staffing and resources. --
The council may employ staff as necessary to perform the
functions of the council, including an executive director, an
administrative assistant and other staff as may be determined
necessary by the council. The council shall supervise and evaluate
staff.
The council shall prepare, in conjunction with the division,
a plan for the provision of resources as may be necessary and
sufficient to carry out the functions of the council under this article, utilizing eligible federal funds, funds made available
under this article, and funds from other public and private
sources. The resource plan shall, to the maximum extent possible,
rely on the use of resources in existence during the period of
implementation of the plan.
(h) Compensation and expenses. --
The council may use resources to reimburse members of the
council for reasonable and necessary expenses of attending council
meetings and performing council duties, and to pay compensation to
a member of the council, if the member is not employed or must
forfeit wages from other employment, for the days the member is
engaged in performing council duties.
§18-10M-7. State plan for independent living.
The state plan for independent living shall direct the use of
funding provided to the state under the federal rehabilitation act
and any state funding appropriated for independent living. The
funds will be administered by the division of rehabilitation
services, as directed by the state plan for independent living, and
shall be appropriated through a line item in the division's budget.
Each state plan shall address the priorities established in the
federal rehabilitation act to establish as statewide program of
independent living services including a statewide network of centers for independent living. The state plan may be amended at
any time at the agreement of the council and the division.
Each new state plan, and any amendments thereto, shall be
prepared jointly by the council and the division and shall be
presented to the legislative oversight commission on health and
human resources accountability, created pursuant to article
twenty-nine-e, chapter sixteen of this code, for their review.
§18-10M-8. Funding and grants.
Funding appropriated for independent living shall be
administered by the division of rehabilitation services and may be
used to fund any service or activity included in the approved state
plan for independent living including funding centers for
independent living. In order to qualify for funding, a center for
independent living shall meet the definition, and comply with the
standards and indicators, established in the federal rehabilitation
act.
Subject to availability of, the state may allocate, under the
state plan for independent living, funding for the following
purposes:
(1) To provide independent living services to eligible
individuals with significant disabilities;
(2) To demonstrate ways to expand and improve independent
living services;
(3) To support the operation of centers for independent
living;
(4) To support activities to increase the capacities of
centers for independent living to develop comprehensive approaches
or systems for providing independent living services;
(5) To conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approaches, strategies, findings, conclusions and recommendations
to policymakers in order to enhance independent living services for
individuals with disabilities;
(6) To train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
(7) To provide outreach to populations that are unserved or
underserved by programs under this act, including minority groups
and urban and rural populations.
Under applicable provisions of the state plan, funding under
this article shall be utilized for the provision of independent
living services directly by the division of rehabilitation services
or through grant or contract, with the approval of the council, to
agencies that meet the definition of and comply with the standards
and indicators for centers for independent living established in
the federal rehabilitation act.
NOTE: The purpose of this bill is to establish a state
Independent Living Act.
This article is new; therefore, strike-throughs and
underscoring have been omitted.