ENGROSSED
Senate Bill No. 727
(By Senators Craigo, Jackson, Chafin, Prezioso, Love, Helmick,
Bowman, Anderson, Edgell, Unger, Boley, Minear and Sprouse)
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[Originating in the Committee on Finance;
reported February 27, 2002.]
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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 creating 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, by
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,
supports 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.