H. B. 4015
(By Delegates Moore, Guthrie, Lawrence, Marshall,
Stephens and Caputo)
(Originating in the Committee on Finance)
[February 13, 2012]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
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 §5-26-1 and §5-26-2, all to read as follows:
ARTICLE 26. HERBERT HENDERSON OFFICE OF MINORITY AFFAIRS.
§5-26-1. Establishment of Herbert Henderson Office of Minority Affairs.
(a) There is created and established in the office of the Governor the Herbert Henderson Office of Minority Affairs. The office shall:
(1) Provide a forum for discussion of issues that affect the state’s minorities;
(2) Identify and promote best practices in the provision of programs and services to minorities;
(3) Review information and research that can inform state policy as to the delivery of programs and services to minorities;
(4) Make recommendations in areas of policy and allocation of resources;
(5) Pursuant to appropriation of the Legislature, award grants, loans and loan guaranties for minority affairs programs and activities in this state; and
(6) Provide recommendations to the Governor and the Legislature regarding the most appropriate means to provide programs and services to support minority groups in the state.
(b) The office shall report to the Governor and the Joint Committee on Government and Finance in January 2013, and each year thereafter. The report may include, but is not limited to, findings and recommendations regarding:
(1) The extent to which programs and services for minorities are available in the state, and to which funding for providing those programs and services is available;
(2) The most appropriate means for the planning, delivery and evaluation of existing and needed programs and services for minority groups in the manner that best promotes diversity and regional, cultural and ethnic sensitivity;
(3) Recommendations for the coordination of programs and services to minority groups throughout the state and with those of other states and the federal government;
(4) Identifications of governmental and private agencies, offices, departments or other entities in existence or recommended for creation that would, alone or in concert, most effectively improve the delivery of programs and services to minority groups throughout the state;
(5) Recommendations for changes to law that would facilitate the achievement of the objectives of the office; and
(6) Such other matters as the office may determine appropriate to its purposes.
(c) The Governor shall appoint an executive director of the office to carry out its work and to oversee staff adequate to fulfill its functions, and shall provide funding and offices for those purposes.
§5-26-2. Minority Affairs Fund created; purpose.
There is created in the State Treasury a Special Revenue Fund to be known as the “Minority Affairs Fund,” which shall consist of all gifts, grants, bequests, transfers, appropriations or other donations or payments received by the Herbert Henderson Office of Minority Affairs from any governmental entity or unit or any person, firm, foundation or corporation for the purposes of this article and all interest or other return earned from investment of the fund. Expenditures from the fund shall be made by the Executive Director of the Herbert Henderson Office of Minority Affairs to provide matching funds to obtain federal funds for the delivery of programs and services to minorities in this state, to award grants, loans and loan guaranties for minority affairs programs and activities and for performance of the duties of the office prescribed in this article. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter twelve of this code and upon the fulfillment of the provisions of article two, chapter eleven-b of this code.