Senate Bill No. 79
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
[Introduced January 9, 2003; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
A BILL to repeal article twenty-six, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend article seven, chapter forty-nine of
said code by adding thereto a new section, designated section
thirty-four, relating to the termination of the governor's
cabinet on children and families; incorporating certain of its
powers and duties in the department of health and human
resources; transferring of the children's fund to the
department of health and human resources.
Be it enacted by the Legislature of West Virginia:
That article twenty-six, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; and that chapter forty-nine of said code be amended by
adding thereto a new section, designated section thirty-four, to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-34. Termination of the governor's cabinet on children and
families; incorporation of certain powers and duties
in the department of health and human resources.
(a) Notwithstanding the provisions of article ten, chapter
four of this code, the governor's cabinet on children and families
(b) The following powers and duties previously assigned to the
governor's cabinet on children and families are incorporated in the
department of health and human resources:
(1) Designate an individual who shall monitor and report on
head-start, early intervention and other early care and education
programs throughout the state;
(2) Promote efforts to engender strong support from the
community, the Legislature, and business leaders; and
(3) Authorize family resource networks, or otherwise establish
other service planning groups, to facilitate the efficient delivery
of programs and services on a local or regional basis so that
programs and services are provided in or as close to the local
community as possible and are built upon existing resources.
(c) The special revenue children's fund previously established
in the state treasury by the governor's cabinet on children and
families shall be transferred to the department of health and human resources for the sole purpose of awarding grants, loans and loan
guaranties for child abuse and neglect prevention activities.
Gifts, bequests or donations for this purpose, in addition to
appropriations to the fund, shall be deposited in the fund.
(1) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the children's fund by
so designating the contribution on the state personal income tax
return form. The department of health and human resources shall
approve the wording of the designation on the income tax return
form, which designation shall appear on tax forms. The tax
commissioner shall determine by the first day of July of each year
the total amount designated pursuant to this subsection and shall
report that amount to the state treasurer, who shall credit that
amount to the children's fund.
(2) All interest accruing from investment of moneys in the
children's fund shall be credited to the fund. The legislative
auditor shall conduct an audit of the fund before the first day of
July, two thousand six and at least every three fiscal years
(3) Grants, loans and loan guaranties may be awarded from the
children's fund by the department of health and human resources for
child abuse and neglect prevention activities.
(d) The governor shall appoint a liaison to the department of
health and human resources to assure the coordination of programs and services to children and families, emphasize preventive
services to children and families, involve families in all aspects
of planning and delivery of services, and engage the community in
the service delivery system in the community.
NOTE: The purpose of this bill is to terminate the Governor's
Cabinet on Children and Families, to incorporate certain of its
powers and duties in the Department of Health and Human Resources
and to transfer the Children's Fund to the Department of Health and
This is a new section; therefore, underlining and
strike-throughs have been omitted.