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Introduced Version Senate Bill 404 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 404

(By Senators Unger and Tomblin (Mr. President), Snyder, Foster, McCabe, Stollings and White)

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[Introduced March 2, 2009; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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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 a West Virginia sesquicentennial commission and fund; membership; meetings; compensation; 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 COMMISSION.
§4-13-1. West Virginia Sesquicentennial Commission established; purpose.

There is hereby created the West Virginia Sesquicentennial Commission which shall be the official statehood sesquicentennial coordinating body. The purpose of the commission is to 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.
The commission shall have a total membership of eleven members that shall consist of the Commissioner of Culture and History and the Commissioner of Tourism, both of whom shall serve as cochairs. Two members shall be appointed as follows: One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates; one member of the Senate, to be appointed by the President of the Senate. The seven remaining members shall be appointed by the Governor, with the advice and consent of the Senate, as follows: three recognized academic historians; one member to be appointed by Civil War reenactment organizations; and three citizen members, but there shall be not more than one citizen member from any single state senatorial district. Persons appointed to the commission shall be residents and citizens of the state.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative appointees shall serve until the completion of duties assigned to the commission. 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 the chairperson or whenever a majority of the members so request.
§4-13-4. West Virginia Sesquicentennial 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 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 chairperson of the commission.
§4-13-5. 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.
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.
§4-13-6. Powers and duties of the commission.
The commission shall have the following powers and duties:
(1) To plan, develop and carry out programs and activities appropriate to commemorate the sesquicentennials of:
(A) The state;
(B) John Brown's October 16, 1859 raid at Harper's Ferry; and
(C) The American Civil War.
(2) 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 of the state, John Brown's October 16, 1859 raid at Harper's Ferry and the American Civil War;
(3) Provide technical assistance to localities and nonprofit organizations to further the commemoration of the sesquicentennials of the state, John Brown's October 16, 1859 raid at Harper's Ferry and the American Civil War;
(4) Develop programs and facilities to ensure that the sesquicentennial commemorations of the state, John Brown's October 16, 1859 raid at Harper's Ferry and the American Civil War result in a positive legacy and long-term public benefit;
(5) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the sesquicentennials of the state, John Brown's October 16, 1859 raid at Harper's Ferry and the American Civil War;
(6) Facilitate balanced activities related to the sesquicentennials of the state, John Brown's October 16, 1859 raid at Harper's Ferry and the American Civil War.
(7) 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; and
(8) To design and create, with the assistance of the Commissioner of the Division of Motor Vehicles, up to four license plates, to be issued by the Division of Motor Vehicles, commemorating the history of West Virginia, including, but not limited to, designs commemorating General Stonewall Jackson and General Thomas Maley Harris.
§4-13-7. Continuation of commission.
Pursuant to the provisions of article ten of this chapter, the commission shall continue to exist until July 1, 2014, unless sooner terminated, continued or reestablished by an Act of the Legislature.



NOTE: The purpose of this bill is to create the West Virginia Sesquicentennial Commission and Fund to celebrate the 150th anniversary of the State of West Virginia, the 150th anniversary of John Brown's October 16, 1859 raid at Harper's Ferry and the 150th anniversary of the American Civil War. The bill establishes membership and compensation. The bill also establishes the powers and duties of the commission and provides for continuation of the commission. Additionally, the bill provides for commemorative license plates be issued by the Department of Motor Vehicles.

§4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7 are new; therefore, strike-throughs and underscoring have been omitted.
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