H. B. 4668
(By Delegates Warner, Browning, Leach, Fletcher,
Anderson, Hall and G. White)
(Originating in the Committee on Finance)
[February 27, 2002]
A BILL to amend article five-k, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to the creation of a fund within the state
treasury to be known as the "West Virginia Birth to Three
Fund."
Be it enacted by the Legislature of West Virginia:
That article five-k, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six,
to read as follows:
ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH
DEVELOPMENTAL DELAYS.
§16-5K-6. West Virginia Birth to Three Fund.
(a) There is hereby created in the state treasury a fund to
be known as the "West Virginia Birth to Three Fund" that shall be an interest bearing account established and maintained to pay
costs, fees and expenses incurred, or to be incurred for early
intervention services for children who are developmentally
delayed.
(b) Funds deposited into this account shall be derived from
the following sources:
(1) Any appropriations by the Legislature;
(2) Fund transfers from any fund of the divisions of the
department of health and human resources that in whole or in part
support early intervention services.
(3) All public funds transferred by any public agency as
permitted by applicable law;
(4) Any private funds contributed, donated or bequeathed by
corporations, individuals or other entities; and
(5) All interest or return on investments accruing to the
fund.
(c)Moneys deposited in this fund shall be used exclusively
to provide early intervention services to accomplish the purposes
of this article. Expenditures of monies deposited in this fund
are to be made in accordance with appropriation by the
Legislature and in accordance with article three, chapter twelve
of this code and upon the fulfillment of the provisions of article two, chapter five-a of this code: Provided, That for the
fiscal year ending the thirtieth day of June, two thousand three,
expenditures are authorized from deposits rather than pursuant to
appropriation by the Legislature.
(d) Any balance remaining in this fund at the end of any
state fiscal year shall not revert to the state treasury but
shall remain in this fund and shall be used only in a manner
consistent with this article.
This is a new section; therefore, underlining and strike-
throughs have been omitted.