
Senate Bill No. 89
(By Senators Mitchell, Rowe, Caldwell and Snyder)
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[Introduced January 9, 2002; referred to the Committee



on Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend article two, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twelve,
relating to creating the
"health and human resources
hearing aid endowment fund" for the purpose of assisting
low-income individuals in obtaining hearing aids.
Be it enacted by the Legislature of West Virginia:

That article two, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twelve, to read
as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE
OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-12. Health and human resources hearing aid endowment fund.

(a) T
here is hereby created a special revenue fund in the
state treasury which is designated and known as the "health and
human resources hearing aid endowment fund," which is created
for the purpose of assisting low income individuals in obtaining
hearing aids. The assets of the fund shall consist of any
appropriations to the fund from the Legislature and all interest
earned from the investment of the fund, and any gifts, grants or
contributions received by the fund. The secretary of health and
human resources shall administer the fund and may only expend
moneys from the fund to assist low income individuals in
obtaining hearing aids or similar hearing devices, and to
administer the fund.
All expenditures from the fund shall be
made from income received and accruing from investment of the
fund, and
no expenditures may be made from the principle of the
fund.

(b) The secretary shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to provide for administration
of the fund and for implementation of the provisions of this
section. The rules shall include the following:

(1) Provisions for expending the interest income from the fund to assist low income individuals in obtaining hearing aids;

(2) Provisions setting forth income guidelines and hearing
standards to qualify for assistance from the fund; and

(3) A procedure for submitting a budget request to the
governor for initial funding for the fund.

NOTE: The purpose of this bill is to
create the
"Health and
Human Resources Hearing Aid Endowment Fund" for the purpose of
assisting low income individuals in obtaining hearing aids.

This section is new; therefore, strike-throughs and
underscoring have been omitted.