COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 597
(By Senators Bailey and Minard)
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[Originating in the Committee on Transportation and
Infrastructure; reported February 26, 2008.]
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A BILL 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 the West Virginia Sesquicentennial Committee
and Fund; membership; meetings; compensation; powers and
duties of the committee; continuation of the committee.
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 COMMITTEE.
§4-13-1. West Virginia Sesquicentennial Committee established;
purpose.
There is hereby created the West Virginia Sesquicentennial
Committee which shall be the official statehood sesquicentennial
coordinating body. The purpose of the committee is to plan
statewide activities and coordinate with other entities all
activities to commemorate and celebrate West Virginia's
sesquicentennial.
§4-13-2. Membership; terms.
The committee shall have a total membership of nine members
that shall consist of the Commissioner of Culture and History and
the Commissioner of Tourism, both of whom shall serve as cochairs.
The remaining members shall be appointed as follows: One member of
the House of Delegates, to be appointed by the Speaker of the House
of Delegates; one member of the Senate, to be appointed by the
President of the Senate; three members to be appointed by the
Governor; and two members to be appointed by two Civil War
reenactment organizations. Persons appointed to the committee
shall be residents and citizens of the state.
Legislative members shall serve terms coincident with their
terms of office. Nonlegislative appointees shall serve until the
completion of duties assigned to the committee. Vacancies shall be
filled in the same manner as the original appointments.
§4-13-3. Quorum; meetings.
A majority of the members shall constitute a quorum. The
meetings of the commission shall be held at the call of the chairman or whenever a majority of the members so request.
§4-13-4. West Virginia Sesquicentennial Committee Fund established.
Effective the first day of July, two thousand nine, there is
created a special revenue account within the State Treasury to be
known as the West Virginia Sesquicentennial Committee Fund which
shall consist of gifts, grants, donations, bequests or other funds
from any source as may be received by the committee for its work.
Moneys shall be paid into the State Treasury and credited to the
fund. Interest earned on moneys in the fund shall remain in the
fund and be credited to it. Any moneys remaining in the fund,
including interest thereon, at the end of each fiscal year shall
remain in the fund. Moneys in the fund shall be used solely for
the purpose of enabling the commission to perform its duties.
Expenditures and disbursements from the fund shall be made by the
State Treasurer upon written request of the chairman of the
commission.
§4-13-5. Compensation; expenses.
Each committee member shall be paid compensation of
thirty-five dollars for each day or substantial part thereof that
he or she is engaged in the work of the committee and shall, in
addition thereto, be reimbursed for all reasonable and necessary
expenses actually incurred in the performance of his or her duties
as a committee member. All such compensation shall be paid from
the fund.
The committee may 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
committee. The committee may procure supplies, services and
property and make or enter into contracts, leases or other legal
agreements as it may deem necessary to carry out its duties as set
forth in this article. No contract, lease or other legal agreement
shall be entered into by the committee that extends beyond the date
of expiration of the committee.
§4-13-6. Powers and duties of the committee.
The committee shall have the following powers and duties:
(1) To plan, develop and carry out programs and activities
appropriate to commemorate the sesquicentennial of the state;
(2) 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 sesquicentennial of the state;
(3) Provide technical assistance to localities and nonprofit
organizations to further the commemoration of the sesquicentennial
of the state;
(4) Develop programs and facilities to ensure that the
sesquicentennial commemoration of the state results in a positive
legacy and long-term public benefit;
(5) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the
sesquicentennial of the state;
(6) To report to the Legislature at each regular session
thereof and at the same time report to the Governor concerning the
action taken by the committee 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; and
(7) To design and create, with the assistance of the
Commissioner of the Division of Motor Vehicles, up to four license
plates, to be issued by the Division of Motor Vehicles,
commemorating the history of West Virginia, including, but not
limited to, designs commemorating General Stonewall Jackson and
General Thomas Maley Harris.
§4-13-7. Continuation of committee.
Pursuant to the provisions of article ten of this chapter, the
committee shall continue to exist until the first day of July, two
thousand fourteen, unless sooner terminated, continued or
reestablished by an Act of the Legislature.
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(NOTE: The purpose of this bill is to create the West
Virginia Sesquicentennial Committee and Fund to celebrate the 150
th
anniversary of the State of West Virginia; establish membership and
compensation; provide the powers and duties of the committee
provide for continuation of the committee.
Article §4-13-1 to § 4-13-7 is new; therefore, strike-throughs
and underscoring have been omitted.)