Senate Bill No. 404
(By Senators Unger and Tomblin (Mr. President), Snyder, Foster,
McCabe, Stollings and White)
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[Introduced March 2, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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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 a West Virginia sesquicentennial commission
and fund; membership; meetings; compensation; 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 COMMISSION.
§4-13-1. West Virginia Sesquicentennial Commission established;
purpose.
There is hereby created the West Virginia Sesquicentennial
Commission which shall be the official statehood sesquicentennial
coordinating body. The purpose of the commission is to 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.
The commission shall have a total membership of eleven members
that shall consist of the Commissioner of Culture and History and
the Commissioner of Tourism, both of whom shall serve as cochairs.
Two members shall be appointed as follows: One member of the House
of Delegates, to be appointed by the Speaker of the House of
Delegates; one member of the Senate, to be appointed by the
President of the Senate. The seven remaining members shall be
appointed by the Governor, with the advice and consent of the
Senate, as follows: three recognized academic historians; one
member to be appointed by Civil War reenactment organizations; and
three citizen members, but there shall be not more than one citizen
member from any single state senatorial district. Persons
appointed to the commission shall be residents and citizens of the
state.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative appointees shall serve until the
completion of duties assigned to the commission. 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 the
chairperson or whenever a majority of the members so request.
§4-13-4. West Virginia Sesquicentennial 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 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 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.
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.
§4-13-6. Powers and duties of the commission.
The commission shall have the following powers and duties:
(1) To 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 of the state, John Brown's October 16, 1859 raid
at Harper's Ferry and the American Civil War;
(3) Provide technical assistance to localities and nonprofit
organizations to further the commemoration of the sesquicentennials
of the state, John Brown's October 16, 1859 raid at Harper's Ferry
and the American Civil War;
(4) Develop programs and facilities to ensure that the
sesquicentennial commemorations of the state, John Brown's October
16, 1859 raid at Harper's Ferry and the American Civil War 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 of the state, John Brown's October 16, 1859 raid
at Harper's Ferry and the American Civil War;
(6) Facilitate balanced activities related to the
sesquicentennials of the state, John Brown's October 16, 1859 raid
at Harper's Ferry and the American Civil War.
(7) 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; and
(8) To design and create, with the assistance of the Commissioner of the Division of Motor Vehicles, up to four license
plates, to be issued by the Division of Motor Vehicles,
commemorating the history of West Virginia, including, but not
limited to, designs commemorating General Stonewall Jackson and
General Thomas Maley Harris.
§4-13-7. Continuation of commission.
Pursuant to the provisions of article ten of this chapter, the
commission shall continue to exist until July 1, 2014, unless
sooner terminated, continued or reestablished by an Act of the
Legislature.
NOTE: The purpose of this bill is to create the West Virginia
Sesquicentennial Commission and Fund to celebrate the 150
th
anniversary of the State of West Virginia, the 150
th anniversary of
John Brown's October 16, 1859 raid at Harper's Ferry and the 150
th
anniversary of the American Civil War. The bill establishes
membership and compensation. The bill also establishes the powers
and duties of the commission and provides for continuation of the
commission. Additionally, the bill provides for commemorative
license plates be issued by the Department of Motor Vehicles.
§4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and
§4-13-7 are new; therefore, strike-throughs and underscoring have
been omitted.