
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 647
(By Senators Hunter, Mitchell, Redd, Oliverio, Unger, Edgell,
McCabe, Rowe, Burnette, Caldwell, Prezioso and Fanning)
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[Originating in the Committee on Government Organization;
reported April 4, 2001.]







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A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-eight,
relating to creating a commission on holocaust education.
Be it enacted by the Legislature of West Virginia:

That chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article twenty-eight, to read as follows:
ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.
§5-28-1. Legislative findings.
The Legislature finds and declares:

(1) That the holocaust perpetrated by the Nazis during the
period between one thousand nine hundred thirty-three and one
thousand nine hundred forty-five resulted in the genocide of six
million Jews and millions of non-Jews as part of a carefully
orchestrated central government program;

(2) That the holocaust stands as a grim reminder and warning
to all generations of genocidal crimes and atrocites committed by
man based on ignorance and fear and that all people should
rededicate themselves to the principles of human rights and equal
protection under the laws of a democratic society;

(3) That education can ensure that citizens are knowledgeable
about the events leading up to the holocaust and about the
organizations and facilities that were created and used
purposefully for the systematic destruction of human beings and
that the lessons of holistic trust and respect for peoples of
various cultures are important for the citizens of West Virginia as
they enter the global marketplace and economy;

(4) That programs, workshops, institutes, seminars, exhibits
and other teacher training and public awareness activities for the
study of the holocaust have taken place during recent years, but a
central resource for schools, churches and communities studying the holocaust is needed;

(5) That, toward that end, the governor, by executive order
No. 2-98, dated the sixteenth day of April, one thousand nine
hundred ninety-eight, created and established the West Virginia
holocaust commission on education; and
(6) That, in furtherance of the intent and purposes of the
aforesaid executive order, it is the intent of the Legislature to
create a permanent state commission which, as an organized body and
on a continuous basis, will survey, design, encourage and promote
implementation of holocaust education and awareness programs in
West Virginia and will be responsible for organizing and promoting
the memorialization of the holocaust on a regular basis throughout
the state.
§5-28-2. Commission on holocaust education.
(a) Effective the first day of July, two thousand one, there
is created the West Virginia commission on holocaust education.
(b) The commission is composed of eleven members: Two members
currently serving on the state board of education, selected by the
board; the state superintendent of schools or his or her designee;
the director of the division of veterans' affairs; one attorney
from the attorney general's office, civil rights division; one
holocaust education certified teacher
teaching at the high school
level and one holocaust education certified teacher
teaching at the junior high or middle school
level, each appointed by the governor
with the advice and consent of the Senate
; four state residents,
appointed by the governor, with the advice and consent of the
Senate, who shall be: Individuals who are holocaust scholars or
individuals experienced in the field of holocaust education or
survivors, second generation, eye-witness/liberators or individuals
recommended by the chair of the present holocaust education
commission, created by executive order, who, by virtue of their
interest, education or long-term involvement in human rights,
prejudice reduction and holocaust education have demonstrated,
through their past commitment and cooperation with the existing
holocaust commission on education, their willingness to work for
holocaust awareness and education in West Virginia.
(c) Members of the commission shall be appointed for terms of
three years or until their respected successors are appointed and
qualified. Members are eligible for reappointment. The office of
any member of the commission who fails to attend more than two
consecutive meetings without an approved excuse by a resolution of
the commission becomes vacant. All vacancies shall be filled by
appointment in the same manner as the original appointment, and the
individual appointed to fill the vacancy serves for the remainder
of the unexpired term.
(d) The governor shall appoint a chairperson for the commission for a term of three years and until his or her successor
is appointed and qualified.
(e) The speaker of the House of Delegates shall appoint a
member of the House of Delegates and the president of the Senate
shall appoint a member of the Senate to serve as advisors to the
commission.
§5-28-3. Commission duties; compensation.
(a) The commission shall:
(1) Provide, based upon the collective knowledge and
experience of its members, assistance and advice to public and
private schools, colleges and universities with respect to the
implementation of holocaust education and awareness programs;
(2) Meet with appropriate education officials and other
interested public and private organizations, including service
organizations, for the purpose of providing information, planning,
coordination or modification of courses of study or programs
dealing with the subject of the holocaust;
(3) Compile a roster of individual volunteers who are willing
to share their verifiable knowledge and experiences in classrooms,
seminars and workshops on the subject of the holocaust. The
volunteers may be survivors of the holocaust, liberators of
concentration camps, scholars, members of the clergy, community
relations professionals or other persons who, by virtue of their experience, education or interest, have experience with the
holocaust;
(4) Coordinate events memorializing the holocaust and seek
volunteers who are willing and able to participate in commemorative
events that will enhance public awareness of the significance of
the holocaust; and
(5) Prepare annual reports for the governor and the
Legislature regarding its findings and recommendations to
facilitate the inclusion of holocaust studies and special programs
memorializing the holocaust in educational systems in this state.
(b)
Members of the commission are not entitled to compensation
for services performed as members and are not entitled to
reimbursement for expenses.
§5-28-4.
Continuation of the commission.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia holocaust commission on education
shall continue to exist until the first day of July, two thousand
three, unless sooner terminated, continued or reestablished by act
of the Legislature.





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(NOTE: The purpose of this committee substitute is to create
a commission on holocaust education. The sunset date is July 1,
2003, and the commission's membership and duties are established.

This article is new; therefore, strike-throughs and
underscoring have been omitted.)