Introduced Version
House Bill 4634 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
H.
B. 4634
(By Delegates Petersen, Farris, S. Cook, Doyle and Campbell)
(Originating in the House Committee on Finance)
(February 25, 1994)
A BILL to amend and reenact section eleven, article one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees charged by the division of culture and history; allowing the commissioner to set fees; requiring the publication of fee schedule; authorizing the commissioner to increase fees only by promulgation of a legislative rule.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
Chapter 29. MISCELLANEOUS BOARDS AND OFFICERS.
Article 1. Division of Culture and History.
§
29
-
1
-
11. Power to accept and receive funds; power to apply for
grants;
power to set and collect fees; disbursal of
funds; restrictions on expenditure; disposition of
funds heretofore received or appropriated.
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, and may set and collect fees for copies, services, programs and publications, for the purpose of carrying out the duties and purposes of this article. On or before the thirtieth day of June, one thousand nine hundred ninety-four, the commissioner shall publish in the state register a list of fees which were in effect on the first day of January, one thousand nine-hundred ninety-four and continue to be in effect as of the effective date of this section:
Provided,
That the commissioner may increase or set additional fees only upon promulgation of a legislative rule in accordance with the provisions of article three, chapter twenty-nine-a of this code:
Provided, however,
That the commissioner may not promulgate emergency rules under the provisions of section fifteen of said article. 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. All funds received from any source shall be paid deposited into the treasury of the state and disbursed upon warrant by the state auditor following requisition by the division. Such requisitions shall be signed by the commissioner or by such other 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. 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.
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.
NOTE: The purpose of this bill is to permit the Division of Culture and History to charge fees for copies, services, programs and publications.
Webmaster | © 2024 West Virginia Legislature **
