HOUSE RESOLUTION NO. 22

(By Delegates Spencer, Manchin and Caputo)

[Introduced March 7, 2003; referred to the

Committee on Rules.]


Urging the West Virginia Department of Administration to examine, assess and consider the needs of the capitol buildings and grounds in satisfying federal requirements relative to complying with the Americans with Disabilities and Vocational Rehabilitation and other Rehabilitation Acts.

Whereas, The capitol buildings and grounds of the State of West Virginia are open for the accommodation of the public in general, many of whom have disabilities, and for the many employees with disabilities who work for the State; and
Whereas, Under federal law, persons with certain disabilities may be considered to have been deprived of their rights by reason of discrimination if the State's facilities are such that those persons cannot reasonably exercise the same access to government buildings and grounds as is available to others; and
Whereas, Those persons with disabilities who are found in a court of law to have been denied their right to access may be entitled to injunctive relief or other forms of redress; and
Whereas, It is the fundamental obligation of the Legislature to assure each and every citizen the right, within the reasonable abilities of that citizen to exercise, physical access to his or her State government; and
Whereas, The Department of Administration, under its statutory duties, is in a peculiarly advantageous position to investigate, discover and advise the Legislature as to what circumstances exist in and about the buildings and grounds of the capitol which might interfere with the exercise of access and use by persons with disabilities, as well as to assess the cost of correcting any failures thereof; therefore, be it
Resolved by the House of Delegates:
That the Department of Administration is hereby requested to examine, assess and consider the needs of the capitol buildings and grounds in making them compliant with federal law relevant to the needs of persons with disabilities; and, be it
Further Resolved, That the Department of Administration report to the Clerk of the House of Delegates on or before the first day of January, 2004, any circumstances or conditions involving the capitol buildings and grounds which require attention relative to admitting of access and use by persons with disabilities.