ENROLLED
Senate Bill No. 335
(By Senators Bowman, K. Facemyer, Guills, Prezioso, Unger, Minard, Plymale,
Jenkins, Yost and Green)
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[Passed April 11, 2009; to take effect July 1, 2009. ]
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AN ACT to amend and reenact §29-1-11 of the Code of West Virginia,
1931, as amended, relating to authorizing distribution of
fairs and festivals' funding by the Commissioner of the
Division of Culture and History.
Be it enacted by the Legislature of West Virginia:
That §29-1-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-11. Power to accept and receive funds; power to apply for
grants; disbursal of funds; restrictions on
expenditure; disposition of funds heretofore received
or appropriated.
(a) The division may, in the name of the State of West
Virginia, through the commissioner or its commissions, accept and receive grants, appropriations, gifts, bequests and funds from any
public or private source for the purpose of carrying out the duties
and purposes of this article.
(b) The division may, through the commissioner or its
commissions, apply for grants from the federal government, private
foundations and any other source for the purposes of this article.
(c) All funds received from any source shall be paid into the
Treasury of the state and disbursed upon warrant by the State
Auditor following requisition by the division. The requisitions
shall be signed by the commissioner or by another person as the
commissioner may authorize by written document deposited with the
auditor or, in the event of emergency, by the Governor or the
Governor's designee.
(d) No funds or gifts received from any source shall be
expended or used for any purpose other than that intended as
evidenced by a positive and affirmative declaration or by a
negative restriction or limitation.
(e) The division may assist in the promotion and operation of
an annual state fair and other regional or local fairs and
festivals entitled to aid when funds are available and to expend
those funds for the support and development of fairs and festivals.
(f) All federal or state funds received to provide
grants-in-aid or awards to further the purposes of this article
shall be approved and distributed by the appropriate commission
established by this article.