H. B. 4439
(By Delegates Beach, Fleischauer,
Buchanan and Claypole)
[Introduced February 16, 1998; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section one, article thirty-two,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to permitting
county commissions to purchase liability insurance for
nonprofit organizations.
Be it enacted by the Legislature of West Virginia:
That section one, article thirty-two, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 32. INTERGOVERNMENTAL RELATIONS - CONTRIBUTIONS TO OR
INVOLVEMENT WITH NONSTOCK, NONPROFIT CORPORATIONS
OR HEALTH INSTITUTIONS FOR PUBLIC PURPOSES.
PART I. MUSEUMS; CULTURAL CENTERS, ETC.
ยง8-32-1. Legislative findings; authority of municipalities
and counties to make appropriations, conveyances
or leases; limitations and restrictions.
(a) The Legislature hereby finds that the support of nonstock, nonprofit corporations dedicated to making available to
the general public (1) museums, historic landmarks, facilities or
cultural centers for the appreciation, advancement or enjoyment
of art, crafts, music, dance, drama, nature, science or other
educational and cultural activities or (2) parks, playgrounds,
athletic fields, stadiums, swimming pools, skating rinks, arenas
or other public park and recreational facilities for the
promotion, advancement or enjoyment of education, recreation and
health is for the general welfare of the public and is a public
purpose. This section is enacted in view of this finding and
shall be liberally construed in the light thereof.
(b) When a nonstock, nonprofit corporation, chartered under
the laws of this state, or licensed to do business in this state,
(1) is organized for the construction, maintenance or operation
of (i) museums, historic landmarks, facilities or cultural
centers for the appreciation, advancement or enjoyment of art,
crafts, music, dance, drama, nature, science or other educational
and cultural activities or (ii) parks, playgrounds, athletic
fields, stadiums, swimming pools, skating rinks, arenas or other
public park and recreational facilities for the promotion,
advancement or enjoyment of education, recreation and health and
provides in its charter that its buildings or facilities, or a
designated portion thereof, shall be devoted to the use by the
public for all purposes set forth in such charter without regard
to race, sex, religion, national origin or economic circumstance,
and free from charge except such as is necessary to provide the means to keep the buildings, facilities and grounds in proper
condition and repair, and to pay the cost of insurance, care,
management, operations, teaching and attendants, so that the
general public may have the benefit of such establishment for the
uses set forth in such corporation's charter at as little expense
as possible, (2) provides in its charter that no member trustee,
or member of the board of directors (by whatever name the same
may be called), of the corporation shall receive any
compensation, gain or profit from such corporation, and (3) is
operated in compliance with such charter provisions as aforesaid,
then, notwithstanding any statutory or municipal charter
provisions to the contrary, any municipality in which such
nonstock, nonprofit corporation is operating or which is or will
be served by such nonstock, nonprofit corporation, if any, and
the county commission of any county in which such nonstock,
nonprofit corporation is operating or which is or will be served
by such nonstock, nonprofit corporation, may appropriate funds,
subject to the provisions and limitations set forth in
subsections (c) and (d) of this section, to such nonstock,
nonprofit corporation, for such public purposes or convey or
lease real or personal property, with or without consideration,
to such nonstock, nonprofit corporation, for such public
purposes, except that no such conveyance or lease may be made by
a municipality or a county commission to such nonstock, nonprofit
corporation for any of the public purposes set forth in (2) of
subsection (a) of this section if such county has a county parks and recreation commission or board operating in or for such
county, or participates in a consolidated recreation commission
or board with a municipality as the case may be: Provided, That
if at any time such property ceases to be used for such public
purposes, it shall by operation of law revert to and vest in the
municipality or county commission which conveyed or leased the
same and such nonstock, nonprofit corporation shall thereafter
have no right, title or interest therein or thereto.
In every such case, the governing body of any such
municipality or any such county commission and such corporation
may agree for the appointment of additional members to the board
of directors of such corporation by such governing body or county
commission, either as regular members or in an ex officio
capacity.
(c) No funds appropriated by a municipality or county
commission under the authority of this section shall be disbursed
by any such nonstock, nonprofit corporation unless and until the
expenditure thereof has been approved by the governing body of
such municipality or any such county commission, as the case may
be, which made such appropriation, and such corporation shall
upon demand at any time make a full and complete accounting of
all such funds to such governing body or county commission, as
the case may be, and shall in every event without demand make to
such governing body or county commission an annual accounting
thereof.
(d) Under no circumstances whatever shall any action taken by any municipality or county commission under the authority of
this section give rise to or create any indebtedness on the part
of the municipality, the governing body of such municipality, the
county, such county commission, any member of such governing body
or the county commission or any municipal or county official or
employee: Provided, That county commissions may provide blanket
liability insurance coverage for nonprofit organizations which
have privately appointed board members and which manage county- owned property.
NOTE: The purpose of this bill is to permit county
commissions to provide blanket liability insurance coverage for
certain nonprofit organizations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.