ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 404
(Senators Unger, Tomblin (Mr. President), Snyder, Foster, McCabe, Stollings
and White, original sponsors)
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[Passed April 10, 2009; in effect from passage.]
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AN ACT
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §4-13-1, §4-13-2,
§4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all relating
to establishing a West Virginia Sesquicentennial of the
American Civil War Commission; establishing findings and
purpose; setting forth membership and terms; providing for
compensation and expense reimbursement; defining quorums;
requiring meeting to be held in accordance with the Open
Governmental Proceedings Act; authorizing the commission to
establish an advisory council; setting forth powers and duties
of the commission; limiting duration of contracts; and
providing for the termination of the commission.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §4-13-1, §4-13-2,
§4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all to read as
follows:
ARTICLE 13. WEST VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL
WAR COMMISSION AND FUND.
§4-13-1. Findings; West Virginia Sesquicentennial of the American
Civil War Commission established; purpose.
(a) The Legislature finds that the role of West Virginia, its
creation as a state and the roles of individual West Virginians in
the American Civil War, from the time of John Brown's Raid through
the formation of the State of West Virginia and the conclusion of
the American Civil War, are of such historical significance as to
warrant their commemoration.
(b) There is hereby created the West Virginia Sesquicentennial
of the American Civil War Commission.
(c) The purpose of the commission is to prepare for and
commemorate the sesquicentennial of West Virginia's participation
in the American Civil War.
§4-13-2. Membership; terms; filling vacancies; election of chair
and vice chair.
(a) The Governor shall appoint eleven members as follows:
(1) Three academic historians;
(2)The Secretary of the Department of Education and the Arts, or a designee;
(3) One representative of the Division of Culture and History;
(4) One representative of the Division of Tourism;
(5) Five citizens members, no more than one of whom may be
from any one state senatorial district;
(6) One member of the House of Delegates, to be appointed by
the Speaker of the House of Delegates, who shall serve as an ex
officio nonvoting member of the commission; and
(7) One member of the Senate, to be appointed by the President
of the Senate, who shall serve as an ex officio nonvoting member of
the commission.
(b) The members shall serve until July 1, 2021.
(c) Appointments to fill vacancies shall be for the unexpired
terms. Vacancies shall be filled in the same manner as the
original appointments.
(d) The commission shall elect a chair and a vice chair from
among its members.
§4-13-3. Expense reimbursement.
(a) Members shall serve without compensation.
(b) The commission may reimburse members for all reasonable
and necessary expenses actually incurred in the performance of his
or her duties as a commission member, in a manner consistent with
the guidelines of the travel management office of the Department of
Administration, subject to availability of funds received pursuant to subdivision (1), subsection (a), section six of this article.
No provision of this section may be construed to require any
appropriation of funds by the Legislature.
§4-13-4. Quorum; meetings.
(a) A simple majority of the members serving on the board at
a given time constitutes a quorum for the transaction of business.
(b) Meetings shall be held in accordance with the provisions
of article nine-a, chapter six of this code.
§4-13-5. Advisory council.
The commission may establish an advisory council composed of
citizens at large who have knowledge of American Civil War history
and interest in its sesquicentennial celebration to assist the
commission in its work.
§4-13-6. Powers; duties; limitation on duration of contracts.
(a) The commission may:
(1) Solicit, accept, use and dispose of gifts, grants,
donations, bequests or other funds or real or personal property for
the purpose of aiding or facilitating the work of the commission,
upon compliance with the provisions of section two, article two,
chapter twelve of this code;
(2) Procure supplies, services and property and make or enter
into contracts, leases or other legal agreement as necessary to
carry out its duties: Provided, That no contract, lease or other
legal agreement may be entered into by the commission with terms which would extend beyond the termination date of the commission;
(3) Plan, develop and carry out programs and activities
appropriate to commemorate the sesquicentennial of the American
Civil War;
(4) Encourage civic, historical, educational, economic and
other organizations throughout West Virginia to organize and
participate in activities to expand the understanding and
appreciation of the American Civil War;
(5) Provide technical assistance to localities and nonprofit
organizations to further the commemoration of the sesquicentennial
of the American Civil War;
(6) Develop programs and facilities to ensure that the
sesquicentennial commemoration of the American Civil War result in
a positive legacy and long-term public benefit;
(7) Encourage the development and conduct of programs designed
to involve all citizens in activities that commemorate the
sesquicentennial of the American Civil War; and
(8) Focus its activities on the role of West Virginia and its
creation as a state and the roles of individual West Virginians in
the American Civil War.
(b) The commission shall report to the Legislature at each
regular session and at the same time report to the Governor
concerning the action taken by the commission during the previous
year in carrying out the provisions of this article and make such special reports as may be required by the Legislature and Governor.
§4-13-7. Termination of the commission.
The commission shall terminate on June 30, 2021.