SB404 SUB1 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, Tomblin (Mr. President), Snyder, Foster, McCabe, Stollings and White)


[Originating in the Committee on Government Organization;

reported March 12, 2009.]


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 the West Virginia Sesquicentennial Commission and fund; membership; meetings; powers and duties of the commission; and termination 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:
§4-13-1. West Virginia Sesquicentennial Commission established; purpose.

Effective July 1, 2009, the West Virginia Sesquicentennial Commission is created to be the official statehood sesquicentennial coordinating body, 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.
(a) The commission shall consist of the following eleven members:
(1) Commissioner of Culture and History or a designee, who shall serve as co-chair;
(2) Commissioner of Tourism or a designee, who shall serve as co-chair;
(3) Secretary of the Department of Education and the Arts or a designee;
(4) One member of the Senate, to be appointed by the President of the Senate;
(5) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates;
(6) Three recognized academic historians; and
(7) Three citizen members, each representing different state senatorial districts.
(b) The six non ex officio members shall be appointed by the Governor, by and with the advice and consent of the Senate and shall be residents and citizens of the state or an employee of:
(1) The state;
(2) A state college or university;
(3) A private college or university within the state; or
(4) An agency or political subdivision of the state.
(c) The term for ex officio members shall be concurrent with their terms of office. Non ex officio members shall serve until the commission is terminated.
(d) 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 a chairperson or whenever a majority of the members so request.
§4-13-4. West Virginia Sesquicentennial Commission Fund established.

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 reimbursed for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a commission member. All reimbursements shall be paid from the fund.
§4-13-6. Powers and duties of the commission.
The commission shall have the following powers and duties:
(1) 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.
(3) Provide technical assistance to local governments and nonprofit organizations to further the commemoration of the sesquicentennials.
(4) Develop programs and facilities to ensure that the sesquicentennial commemorations 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.
(6) Facilitate activities related to the sesquicentennials.
(7) 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.
(8) Procure supplies, services and property, and make or enter into contracts, leases or other legal agreements necessary to carry out the duties of the commission: Provided, That no contract, lease or other legal agreement shall be entered into by the commission that extends beyond the date of termination of the commission.
(9) Establish an advisory board to assist the commission in the performance of its duties.
(10) Design and create, in consultation with the Division of Motor Vehicles, license plates, to be issued by the Division of Motor Vehicles, commemorating the sesquicentennials and history of West Virginia, including, but not limited to, designs commemorating General Stonewall Jackson and General Thomas Maley Harris.
(11) Annually, on or before January 15, report to the Joint Committee on Government and Finance and the Governor on the action taken by the commission during the previous year in carrying out the provisions of this article.
§4-13-7. Termination of commission.
The commission will terminate on June 30, 2014.
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