CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
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ARTICLE 15. STATE COMMISSION ON MENTAL RETARDATION.
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§29-15-1. Creation and composition.
There is created the State Commission on Intellectual
Disability hereinafter referred to as the commission.
Pursuant to subsection (g), section one, article two, chapter
five-f of this code, the commission created by this section is now
incorporated into and administered as part of the Department of
Health and Human Resources. All references to the commission in
this article shall be construed to mean the Department of Health
and Human Resources.
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§29-15-2. Quorum; officers; meetings.
A majority of the members of the commission shall constitute
a quorum for the transaction of business. The commission shall
elect a chairman, a vice chairman, and such other officers as it
shall deem necessary. The commission shall meet at least two
times each year. Meetings will be held upon call of the chairman
or of a majority of its members.
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§29-15-3. Employment, salary and expenses of personnel.
The commission shall have authority to employ such personnel
as in its judgment may be necessary to carry out the work of the
commission, and to fix the salaries for such employees. The
commission may, within the limits of funds available, incur
traveling and other expenses necessary to the effective discharge
of its powers and duties. Requisition for such expenses shall be
accompanied by a sworn and itemized statement which shall be
filed with the auditor.
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Acts, 1991 Reg. Sess., Ch. 149.
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The Department of Health and Human Resources shall take action
to carry out the following purposes:
(a) Plan for and take other steps leading to comprehensive
state and community action to combat intellectual disability.
(b) Determine what action is needed to combat intellectual
disability in the state and the resources available for this
(c) Develop public awareness of the intellectual disability
problem and of the need for combating it.
(d) Coordinate state and local activities relating to the
various aspects of intellectual disability and its prevention,
treatment, or amelioration.
(e) Consult with and advise the Governor and Legislature on
all aspects of intellectual disability.
(f) Consult with and advise state agencies, boards or
departments with intellectual disability responsibilities relative
to the effective discharge of such responsibilities.
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§29-15-6. State agency for federal intellectual disability
The Department of Health and Human Resources is designated and
established as the sole state agency for receiving appropriations
under and carrying out the purposes of section five of Public Law
88-156, eighty-eighth Congress approved October 24, 1963, and any
law amending, revising, supplementing or superseding section five
of said Public Law 88-156.
The department constitutes the designated state agency for
handling all programs of the federal government relating to
intellectual disability requiring action within the state which are
not the specific responsibility of another state agency under the
provisions of federal law, rules or regulations, or which have not
been specifically entrusted to another state agency by the
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§29-15-7. Donations and grants.
The commission may accept for any of its purposes and
functions under this article any and all donations, any grants of
money, equipment, supplies, materials, and services (conditional
or otherwise) from the United States or any agency thereof, or
from any institution, person, firm or corporation, and may
receive, utilize, administer and dispose of the same. The
commission shall be empowered to comply with all regulations and
requirements to qualify for such grants from the United States or
The Legislature shall authorize the necessary appropriation
to carry out the work of the commission.
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§29-15-8. Annual report required.
On or before January one of each year, the commission shall
submit to the governor and to the members of the Legislature a
report summarizing the work and the activities of the commission
for the preceding year.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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