Senate Bill No. 474
(By Senator Bailey)
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[Introduced February 21, 1994;
referred to the Committee on Finance.]
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A BILL to amend and reenact section eleven, article one, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to power of
division of culture and history to accept and receive funds;
charge certain fees; apply for grants; disbursement of
funds; restrictions on expenditure; and disposition of funds
heretofore received or appropriated.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, 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 receivegrants, appropriations, gifts, bequests and funds from any public
or private source, and charge fees for copies, services, programs
and publications, 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.
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.
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(NOTE: The purpose of this bill is to allow the division of
culture and history to charge fees for copies, services, programs
and publications related to acceptance of grants, gifts, etc.
from any public or private source.)
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.