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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 508
(By Senators Plymale, Tomblin, Mr. President, Edgell, Dempsey and
Hunter)
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[Introduced February 11, 2004; referred to the Committee on
government Organization; and then to the Committee on Finance.]
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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:
(1) To 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 and distribute grants-in-aid and awards from
federal and state funds relating to the purposes of the arts
section;
(3) To request, accept or expend federal funds to accomplish
the purposes of the arts section when federal law or regulations
would prohibit the same by the commissioner or section director,
but would permit the same to be done by the commission on the arts;
(4) To otherwise encourage and promote the purposes of the
arts section;
(5) To approve rules concerning the professional policies and
functions of the section as promulgated by the director of the arts
section; and
(6) To advise and consent to the appointment of the director
by the commissioner.
(d) There is created in the state treasury A special revenue
account, in the state treasury, created by the amendment to this
section in one thousand nine hundred ninety-nine and hereby is
continued and redesignated as the "cultural facilities and capital
resources matching grant program fund." 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 of culture and
history; and
(B) Capital improvements, preservation and operation of
cultural facilities that are not managed by the division of culture
and history.
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.