H. B. 2766
(By Delegates Boggs, Ashley, Barker, Blair,
Border, Iaquinta, Perdue, Reynolds and Campbell)
[Introduced February 24, 2009; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §29-1-11 of the Code of West Virginia,
1931, as amended, relating to authorizing distribution of
fairs and festivals funding by the Commissioner of the
Division of Culture and History.
Be it enacted by the Legislature of West Virginia:
That §29-1-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-11. Power to accept and receive funds; power to apply for
grants; disbursal of funds; restrictions on
expenditure; disposition of funds heretofore received
or appropriated.
The division may, in the name of the State of West Virginia,
through the commissioner or its commissions, accept and receive
grants, appropriations, gifts, bequests and funds from any public or private source for the purpose of carrying out the duties and
purposes of this article. The division may, through the
commissioner or its commissions, apply for grants from the federal
government, private foundations and any other source for the
purposes of this article. All funds received from any source shall
be paid into the treasury of the state and disbursed upon warrant
by the State Auditor following requisition by the division. Such
requisitions shall be signed by the commissioner or by such other
person as the commissioner may authorize by written document
deposited with the auditor or, in the event of emergency, by the
Governor or the Governor's designee. No funds or gifts received
from any source shall be expended or used for any purpose other
than that intended as evidenced by a positive and affirmative
declaration or by a negative restriction or limitation.
The division may assist in the promotion and operation of an
annual state fair and other regional or local fairs and festivals
entitled to aid when funds are available and to expend those funds
for the support and development of fairs and festivals.
All federal or state funds received to provide grants-in-aid
or awards to further the purposes of this article shall be approved
and distributed by the appropriate commission established by this
article.
NOTE: The purpose of this bill is to authorize the
Commissioner of the Division of Culture and History to distribute
fairs and festivals funding.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.