HB 2555 Text

H. B. 2555

(By Delegates Doyle, Tabb, Manchin, Moore,
Perdue and Paxton)
[Introduced February 17, 2009; referred to the
Committee on Government Organization then Finance.]

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 the West Virginia Sesquicentennial of the American Civil War Commission and Fund; purpose; membership and terms; establishment of an advisory council; establishment of the West Virginia Sesquicentennial of the American Civil War Commission Fund; compensation and expenses; 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 OF THE AMERICAN CIVIL WAR COMMISSION AND FUND.
§4-13-1. West Virginia Sesquicentennial of the American Civil War Commission established; purpose.
There is hereby created the West Virginia Sesquicentennial of the American Civil War Commission. The purpose of the commission is to prepare for and commemorate the sesquicentennial of West Virginia's participation in the American Civil War.
§4-13-2. Membership; terms.
The commission shall have a total membership of seven members that shall consist of five legislative members and two nonlegislative citizen members. Members shall be appointed as follows: Three members of the House of Delegates, to be appointed by the Speaker of the House of Delegates; two members of the Senate, to be appointed by the President of the Senate; and two nonlegislative citizen members at large, one to be appointed by the Speaker of the House of Delegates and one to be appointed by the President of the Senate. Nonlegislative citizen members of the commission shall be citizens of the state. Unless otherwise approved in writing by the chairman of the commission, nonlegislative citizen members shall only be reimbursed for travel originating and ending with the state for the purpose of attending meetings.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.
The commission shall elect a chairman and a vice-chairman from among its membership, one a delegate and one a senator.
§4-13-3. Advisory council.
The commission may appoint and establish an advisory council composed of nonlegislative citizens-at-large who have knowledge of American Civil War history and interest in its sesquicentennial celebration, to assist the commission in its work.
§4-13-4. Quorum; meetings.
A majority of the members shall constitute a quorum. The meetings of the commission shall be held at the call of the chairman or whenever a majority of the members so request.
§4-13-5. West Virginia Sesquicentennial of the American Civil War 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 of the American Civil War 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 chairman of the commission.
§4-13-6. 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. All nonlegislative citizen members of the advisory council of the commission shall serve without compensation; however, all such members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties and 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.
§4-13-7. 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 sesquicentennial of the American Civil War;
(2) Encourage interdisciplinary examination of the American Civil War;
(3) Facilitate balanced activities related to the American Civil War throughout West Virginia;
(4) Encourage civic, historical, educational, economic and other organizations throughout West Virginia to organize and participate in activities to expand the understanding and appreciation of the significance of the American Civil War;
(5) Provide technical assistance to localities and nonprofit organizations to further the commemoration of the sesquicentennial of the American Civil War;
(6) Develop programs and facilities to ensure that the sesquicentennial commemoration of the American Civil War results in a positive legacy and long-term public benefit;
(7) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the American Civil War; and
(8) 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.

NOTE: The purpose of this bill is to create the West Virginia Sesquicentennial of the American Civil War Commission and Fund to celebrate the one hundred fiftieth anniversary of the Civil War; establish membership and compensation; provide the powers and duties of the commission; and provide for continuation of the commission.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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