H. B. 2555
(By Delegates Doyle, Tabb, Manchin, Moore,
Perdue and Paxton)
[Introduced February 17, 2009; referred to the
Committee on Government Organization then Finance.]
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 the West Virginia Sesquicentennial of the American Civil
War Commission and Fund; purpose; membership and terms;
establishment of an advisory council; establishment of the
West Virginia Sesquicentennial of the American Civil War
Commission Fund; compensation and expenses; powers and duties
of the commission; and continuation 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. West Virginia Sesquicentennial of the American Civil War
Commission established; purpose.
There is hereby created the West Virginia Sesquicentennial of
the American Civil War Commission. 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.
The commission shall have a total membership of seven members
that shall consist of five legislative members and two
nonlegislative citizen members. Members shall be appointed as
follows: Three members of the House of Delegates, to be appointed
by the Speaker of the House of Delegates; two members of the
Senate, to be appointed by the President of the Senate; and two
nonlegislative citizen members at large, one to be appointed by the
Speaker of the House of Delegates and one to be appointed by the
President of the Senate. Nonlegislative citizen members of the
commission shall be citizens of the state. Unless otherwise
approved in writing by the chairman of the commission,
nonlegislative citizen members shall only be reimbursed for travel
originating and ending with the state for the purpose of attending
meetings.
Legislative members shall serve terms coincident with their
terms of office. Nonlegislative citizen members shall serve a term
of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies
shall be filled in the same manner as the original appointments.
All members may be reappointed.
The commission shall elect a chairman and a vice-chairman from
among its membership, one a delegate and one a senator.
§4-13-3. Advisory council.
The commission may appoint and establish an advisory council
composed of nonlegislative citizens-at-large who have knowledge of
American Civil War history and interest in its sesquicentennial
celebration, to assist the commission in its work.
§4-13-4. 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.
§4-13-5. West Virginia Sesquicentennial of the American Civil War
Commission Fund established.
Effective July 1, 2010, there is created a special revenue
account within the State Treasury to be known as the West Virginia
Sesquicentennial of the American Civil War Commission Fund which
shall consist of gifts, grants, donations bequests or other funds
from any source as may be received by the commission 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.
§4-13-6. Compensation; expenses.
Each commission member shall be paid compensation of $35 for
each day or substantial part thereof that he or she is engaged in
the work of the commission 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 commission
member. All such compensation shall be paid from the fund. All
nonlegislative citizen members of the advisory council of the
commission shall serve without compensation; however, all such
members shall be reimbursed for all reasonable and necessary
expenses incurred in the performance of their duties and shall be
paid from the fund.
The commission 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
commission. The commission 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 commission that extends beyond the
date of expiration of the commission.
§4-13-7. Powers and duties of the commission.
The commission shall have the following powers and duties:
(1) Plan, develop and carry out programs and activities
appropriate to commemorate the sesquicentennial of the American
Civil War;
(2) Encourage interdisciplinary examination of the American
Civil War;
(3) Facilitate balanced activities related to the American
Civil War throughout West Virginia;
(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 significance 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 results 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 American Civil War; and
(8) 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 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.
NOTE: The purpose of this bill is to create the West Virginia
Sesquicentennial of the American Civil War Commission and Fund to
celebrate the one hundred fiftieth anniversary of the Civil War;
establish membership and compensation; provide the powers and
duties of the commission; and provide for continuation of the
commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.