ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4665
(By Delegates Moore, Long, Perdue, Marshall,
Hutchins, Morgan, Wysong, Schoen, Webster,
Hatfield and Carmichael)
[Originating in the Committee on Government Organization.]
(February 24, 2008)
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5-26-1 and §5-26-2,
all relating to the creation of the Herbert Henderson Office
of Minority Affairs; establishing the powers and duties of the
office; providing for an executive director, staff and office;
requiring annual reports to the Governor and the Joint
Committee on Government and Finance; and creating a Minority
Affairs Fund.
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 §5-26-1 and §5-26-2,
all to read as follows:
ARTICLE 26. HERBERT HENDERSON OFFICE OF MINORITY AFFAIRS.
§5-26-1. Establishment of Herbert Henderson Office of Minority
Affairs.
(a) There is hereby created and established in the office of
the Governor the Herbert Henderson Office of Minority Affairs. The
office shall:
(1) Provide a forum for discussion of issues that affect the state's minorities;
(2) Identify and promote best practices in the provision of
programs and services to minorities;
(3) Review information and research that can inform state
policy as to the delivery of programs and services to minorities;
(4) Make recommendations in areas of policy and allocation of
resources;
(5) Pursuant to appropriation of the Legislature, award
grants, loans and loan guaranties for minority affairs programs and
activities in this state; and
(6) Provide recommendations to the Governor and the
Legislature regarding the most appropriate means to provide
programs and services to support minority groups in the state.
(b) The office shall report to the Governor and the Joint
Committee on Government and Finance in January, two thousand nine,
and each year thereafter. The report may include, but is not
limited to, finding and recommendations regarding:
(1) The extent to which programs and services for minorities
are available in the state, and to which funding for providing
those programs and services is available;
(2) The most appropriate means for the planning, delivery and
evaluation of existing and needed programs and services for
minority groups in the manner that best promotes diversity and
regional, cultural and ethnic sensitivity;
(3) Recommendations for the coordination of programs and
services to minority groups throughout the state, and with those of
other states and the federal government;
(4) Identifications of governmental and private agencies, offices, departments or other entities in existence or recommended
for creation that would, alone or in concert, most effectively
improve the delivery of programs and services to minority groups
throughout the state;
(5) Recommendations for changes to law that would facilitate
the achievement of the objectives of the office; and
(6) Such other matters as the office may determine appropriate
to its purposes.
(c) The Governor shall appoint an executive director of the
office to carry out its work and to oversee staff adequate to
fulfill its functions, and shall provide funding and offices for
those purposes.
§5-26-2. Minority Affairs Fund created; purpose.
(a) There is hereby created in the state treasury a special
revenue fund to be known as the "Minority Affairs Fund" which shall
consist of all gifts, grants, bequests, transfers, appropriations
or other donations or payments which may be received by the Herbert
Henderson Office of Minority Affairs from any governmental entity
or unit or any person, firm, foundation, or corporation for the
purposes of this article, and all interest or other return earned
from investment of the fund. Expenditures from the fund shall be
made by the Executive Director of the Herbert Henderson Office of
Minority Affairs to provide matching funds to obtain federal funds
for the delivery of programs and services to minorities in this
state, to award grants, loans and loan guaranties for minority
affairs programs and activities, and for performance of the duties
of the office prescribed in this article. Expenditures from the fund shall be for the purposes set forth in this article and are
not authorized from collections, but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions of article two, chapter
eleven-b of this code.