COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 508
(By Senators Plymale, Tomblin, Mr. President,
Edgell, Dempsey and Hunter)
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[Originating in the Committee on Finance;
reported March 1, 2004.]
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A BILL to amend and reenact §29-1-3 of the code of West Virginia,
1931, as amended, relating to membership of the commission on
the arts; and expenditure of moneys in the cultural facilities
and capital resources matching grant program fund.
Be it enacted by the Legislature of West Virginia:
That §29-1-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-3. Commission on the arts.
(a) The commission on the arts is continued and shall be
composed of fifteen appointed
voting members
and the ex officio
nonvoting members set forth or authorized for appointment in this
section.
(b) (1) The governor shall appoint, by and with the advice and
consent of the Senate, the
voting members of the commission for staggered terms of three years. A person appointed to fill a
vacancy shall be appointed only for the remainder of that term.
(2) No more than eight
voting members may be of the same
political party.
Effective the first day of July, two thousand
four, no more than five voting members may be from the same
congressional district. Members Voting members of the commission
shall be appointed so as to fairly represent both sexes, the ethnic
and cultural diversity of the state and the geographic regions of
the state.
(3) The commission shall elect one of its members as chair.
It shall meet at the times specified by the chair. Notice of each
meeting shall be given to each member by the chair in compliance
with the open meetings laws of the state. A majority of the
voting
members constitute a quorum for the transaction of business. The
director of the arts section shall be an ex officio nonvoting
member of the commission and shall serve as secretary. The
director or a majority of the members
also may
also call a meeting
upon notice as provided in this section.
(4) Each
voting member or ex officio
nonvoting member of the
commission shall serve without compensation, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of the duties of the office; except
that in the event the expenses are paid, or are to be paid, by a
third party, the member or ex officio member, as the case may be, shall not be reimbursed by the state.
(5) Upon recommendation of the commissioner, the governor
also
may
also appoint those officers of the state that are appropriate
to serve on the commission as ex officio nonvoting members.
(c) The commission
has the following powers may:
(1)
To advise Advise the commissioner and the director of the
arts section concerning the accomplishment of the purposes of that
section and
to establish a state plan with respect to the arts
section;
(2)
To approve Approve and distribute grants-in-aid and awards
from federal and state funds relating to the purposes of the arts
section;
(3)
To request Request, accept or expend federal funds to
accomplish the purposes of the arts section when federal law or
regulations would prohibit
the same those actions by the
commissioner or section director, but would permit
the same them to
be done by the commission on the arts;
(4)
To otherwise Otherwise encourage and promote the purposes
of the arts section;
(5)
To approve Approve rules concerning the professional
policies and functions of the section as promulgated by the
director of the arts section; and
(6)
To advise Advise and consent to the appointment of the
director by the commissioner.
(d)
There is created in the state treasury A special revenue
account
created by the amendment to this section in one thousand
nine hundred ninety-nine and hereby continued and redesignated in
the state treasury, known as the "cultural facilities and capital
resources matching grant program fund
.",
is continued. The fund
shall consist of moneys received under section ten, article twenty-
two-a of this chapter and funds from any other source.
The moneys
in the fund shall be expended in accordance with the following:
Moneys (1) Fifty percent of the moneys deposited in the fund
shall be expended
by the commission on the arts for capital
improvements
pursuant to the rule required by this subdivision:
Provided, That the commission shall make a women's veterans
memorial statue a priority when expending the funds:
Provided,
however, That the commission shall submit the plans for the statue
to the secretary of administration for his or her approval. The
commission on the arts shall propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code to create a matching grant program for cultural
facilities and capital resources;
and
(2) Fifty percent of the moneys deposited in the fund shall be
expended by the division of culture and history for:
(A) Capital improvements, preservation and operation of
cultural facilities that are managed by the division; and
(B) Capital improvements, preservation and operation of cultural facilities that are not managed by the division.
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(NOTE: The purpose of this bill is to amend the provisions
relating to expenditure of moneys in the cultural facilities and
capital resources matching grant program fund and to limit the
number of members of the commission on the arts per congressional
district.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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