ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 508
(Senators Plymale, Tomblin, Mr. President,
Edgell, Dempsey and Hunter, original sponsors)
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[Passed March 13, 2004; to take effect July 1, 2004.]
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AN ACT to amend and reenact §29-1-3 of the code of West Virginia,
1931, as amended, relating to membership of the commission on
the arts; and expenditure of moneys in the cultural facilities
and capital resources matching grant program fund.
Be it enacted by the Legislature of West Virginia:
That §29-1-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-3. Commission on the arts.
(a) The commission on the arts is continued and shall be
composed of fifteen appointed voting members and the ex officio
nonvoting members set forth or authorized for appointment in this
section.
(b) (1) The governor shall appoint, by and with the advice and consent of the Senate, the voting members of the commission for
staggered terms of three years. A person appointed to fill a
vacancy shall be appointed only for the remainder of that term.
(2) No more than eight voting members may be of the same
political party. Effective the first day of July, two thousand
four, no more than three voting members may be from the same
regional educational service agency district created in section
twenty-six, article two, chapter eighteen of this code. Voting
members of the commission shall be appointed so as to fairly
represent both sexes, the ethnic and cultural diversity of the
state and the geographic regions of the state.
(3) The commission shall elect one of its members as chair.
It shall meet at the times specified by the chair. Notice of each
meeting shall be given to each member by the chair in compliance
with the open meetings laws of the state. A majority of the voting
members constitute a quorum for the transaction of business. The
director of the arts section shall be an ex officio nonvoting
member of the commission and shall serve as secretary. The
director or a majority of the members also may call a meeting upon
notice as provided in this section.
(4) Each voting member or ex officio nonvoting member of the
commission shall serve without compensation, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of the duties of the office; except that in the event the expenses are paid, or are to be paid, by a
third party, the member or ex officio member, as the case may be,
shall not be reimbursed by the state.
(5) Upon recommendation of the commissioner, the governor also
may appoint those officers of the state that are appropriate to
serve on the commission as ex officio nonvoting members.
(c) The commission may:
(1) Advise the commissioner and the director of the arts
section concerning the accomplishment of the purposes of that
section and establish a state plan with respect to the arts
section;
(2) Approve and distribute grants-in-aid and awards from
federal and state funds relating to the purposes of the arts
section;
(3) Request, accept or expend federal funds to accomplish the
purposes of the arts section when federal law or regulations would
prohibit those actions by the commissioner or section director, but
would permit them to be done by the commission on the arts;
(4) Otherwise encourage and promote the purposes of the arts
section;
(5) Approve rules concerning the professional policies and
functions of the section as promulgated by the director of the arts
section; and
(6) Advise and consent to the appointment of the director by the commissioner.
(d) A special revenue account in the state treasury, known as
the "cultural facilities and capital resources matching grant
program fund", is continued. The fund shall consist of moneys
received under section ten, article twenty-two-a of this chapter
and funds from any other source. The moneys in the fund shall be
expended in accordance with the following:
(1) Fifty percent of the moneys deposited in the fund shall be
expended by the commission on the arts for capital improvements,
preservation and operations of cultural facilities: Provided, That
the commission on the arts may use no more than twenty-five percent
of the funding for operations of cultural facilities pursuant to
the rule required by this subdivision: Provided, however, That the
commission shall make a women's veterans memorial statue a priority
when expending the funds: Provided further, That the commission
shall submit the plans for the statue to the secretary of
administration for his or her approval. The commission on the arts
shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
create a matching grant program for cultural facilities and capital
resources; and
(2) Fifty percent of the moneys deposited in the fund shall be
expended by the division of culture and history for:
(A) Capital improvements, preservation and operation of cultural facilities that are managed by the division; and
(B) Capital improvements, preservation and operation of
cultural facilities that are not managed by the division.