COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 404
(By Senators Unger, Tomblin (Mr. President), Snyder, Foster,
McCabe, Stollings and White)
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[Originating in the Committee on Finance;
reported March 20, 2009.]
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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 Commission
and a fund for commission expenses; membership; meetings;
reimbursement of expenses; powers and duties of the
commission; and termination 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 COMMISSION.
§4-13-1. West Virginia Sesquicentennial Commission established;
purpose.
Effective July 1, 2009, the West Virginia Sesquicentennial
Commission is created to be the official statehood sesquicentennial
coordinating body, plan statewide activities and coordinate with
other entities all activities to commemorate and celebrate West
Virginia's sesquicentennial, the sesquicentennial of John Brown's
October 16, 1859, raid at Harper's Ferry and the sesquicentennial
of the American Civil War.
§4-13-2. Membership; terms.
(a) The commission shall consist of the following eleven
members:
(1) The Commissioner of Culture and History or a designee, who
shall serve as cochair;
(2) The Commissioner of Tourism or a designee, who shall serve
as cochair;
(3) The Secretary of the Department of Education and the Arts
or a designee;
(4) One member of the Senate, to be appointed by the President
of the Senate;
(5) One member of the House of Delegates, to be appointed by
the Speaker of the House of Delegates;
(6) Three recognized academic historians; and
(7) Three citizen members, each representing different state senatorial districts.
(b) The six nonex officio members shall be appointed by the
Governor, by and with the advice and consent of the Senate, and
shall be residents and citizens of the state or an employee of:
(1) The state;
(2) A state college or university;
(3) A private college or university within the state; or
(4) An agency or political subdivision of the state.
(c) The term for ex officio members shall be concurrent with
their terms of office. Nonex officio members shall serve until the
commission is terminated.
(d) 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 a cochair
or whenever requested by a majority of the members.
§4-13-4. West Virginia Sesquicentennial Commission Fund
established.
There is created a special revenue account within the State
Treasury to be known as the West Virginia Sesquicentennial
Commission Fund which shall consist of gifts, grants, donations,
bequests or other funds from any source 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 both of the cochairs
of the commission.
§4-13-5. Expenses.
Each commission member shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of his
or her duties as a commission member. All reimbursements shall be
paid from the fund.
§4-13-6. Powers and duties of the commission.
The commission shall:
(a) Plan, develop and carry out programs and activities
appropriate to commemorate the sesquicentennials of:
(1) The state;
(2) John Brown's October 16, 1859, raid at Harper's Ferry; and
(3) The American Civil War;
(b) Encourage civic, historical, educational, economic and
other organizations throughout West Virginia to organize and
participate in activities to expand the understanding, the
appreciation and the interdisciplinary examination of the sesquicentennials;
(c) Provide technical assistance to local governments and
nonprofit organizations to further the commemoration of the
sesquicentennials;
(d) Develop programs and facilities to ensure that the
sesquicentennial commemorations result in a positive legacy and
long-term public benefit;
(e) Encourage the development and conduct of programs designed
to involve all citizens in activities that commemorate the
sesquicentennials;
(f) Facilitate activities related to the sesquicentennials;
(g) 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;
(h) Procure supplies, services and property and make or enter
into contracts, leases or other legal agreements necessary to carry
out the duties of the commission:
Provided, That no contract,
lease or other legal agreement shall be entered into by the
commission that extends beyond the date of termination of the
commission;
(i) Establish an advisory board to assist the commission in
the performance of its duties;
(j) Design and create, in consultation with the Division of
Motor Vehicles, license plates to be issued by the Division of Motor Vehicles commemorating the sesquicentennials and history of
West Virginia, including, but not limited to, designs commemorating
General Stonewall Jackson and General Thomas Maley Harris; and
(k) Annually, on or before January 15, report to the Joint
Committee on Government and Finance and the Governor on the action
taken by the commission during the previous year in carrying out
the provisions of this article.
§4-13-7. Termination of commission.
The commission shall terminate on June 30, 2014.