H. B. 4762
(By Delegate Moore)
[Introduced February 24, 2006; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §4-6-1, §4-6-2,
§4-6-3, §4-6-4, §4-6-5 and §4-6-6, all relating to the
formation of a legislative commission to study implementation
of the development of Coalwood Way and related sites in Big
Creek District of McDowell County as historical, cultural and
recreational facilities.
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 §4-6-1, §4-6-2, §4-6-3,
§4-6-4, §4-6-5 and §4-6-6, all to read as follows:
ARTICLE 6. BIG CREEK CAPE COALWOOD COMMISSION.
§4-6-1. Legislative intent and purpose.
The Legislature, mindful of the historical, cultural and
recreational significance of the events known and believed to have
occurred at Coalwood, War and related sites in Big Creek District
of McDowell County as memoralized in the triology of books entitled Rocket Boys, Sky of Stone and The Coalwood Way and the movie
"October Sky" and mindful of the benefits likely to flow from a
well-planned and executed program for development of historical,
educational, social, cultural and recreational attractions related
to the internationally famous area and events, does hereby seek to
determine what, if any, assistance the State of West Virginia
should provide in the planning and execution of any such program
for development, what other resources are available, and if the
combined effect thereof can produce a positive constructive result
commensurate with the investment of such public and private
resources as may be available. The Legislature finds same is a
worthy public undertaking.
§4-6-2. Creation of commission; composition; appointment and terms
of members.
There is hereby created as a statutory body of the Legislature
a commission to be known as the "Big Creek Cape Coalwood
Commission." The commission is composed of nine members,
consisting of three members of the Senate, to be appointed by the
President thereof, no more than two of whom may be appointed from
the same political party, and three members of the House of
Delegates, to be appointed by the Speaker thereof, no more than two
of whom may be appointed from the same political party, and three
citizen members. The commission shall be headed by two cochairmen,
one to be selected by and from the members appointed from the
Senate, and one to be selected by and from the members appointed
from the House of Delegates. All Senate and House members of the commission shall serve until their successors have been appointed,
except that no member's appointment may extend beyond the time
during which the member continues to be a member of the
Legislature. The three citizen members shall be appointed by the
Joint Concurrence of the President of the Senate and the Speaker of
the House of Delegates. The citizen members shall be citizens and
residents of Big Creek District of McDowell County. Not more than
two citizen members may belong to the same political party. No
person is eligible to appointment as a citizen member who is an
officer or member of any political party executive committee or the
holder of any other public office or public employment under the
United States government or government of this state or any
political subdivision thereof. The citizen members serve a term of
two years, unless the commission itself sooner expires during their
term and each citizen member is eligible for reappointment once by
the President and Speaker. The citizen members must be qualified
to carry out the functions of the commission by reason of their
special interest, training, education or experience.
§4-6-3. Powers and duties generally.
During any session of the Legislature and in the interim
between sessions, and within the limits of available funds, whether
public or private, the commission shall:
(a) Conduct a comprehensive investigation to determine what,
if any, historical, social, educational, cultural and recreational
attractions should be developed in the State of West Virginia
concerning the events, heritage and culture (coal mining and coal camps) that have occurred at Coalwood, War and related sites in Big
Creek District of McDowell County, the economic feasibility of such
attractions, needed capital investment, available or contemplated
resources therefor, likely locations and accessibility thereto and
such other related matters as the commission deems convenient or
appropriate;
(b) Make such written reports to the members of the
Legislature between sessions thereof as the commission may deem
advisable and on the tenth day of each regular session of the
Legislature make an annual report to the Legislature containing the
commission's findings and recommendations. Included in the report
should be drafts of any proposed legislation which the commission
deems necessary to carry its recommendations into effect;
(c) Meet at any convenient time and place, including during
any recess of the Senate and House of Delegates;
(d) With the prior approval of the Joint Committee on
Government and Finance, employ such legal, technical,
investigative, clerical, stenographic, advisory and other personnel
as it deems needed and, within limits of available funds, fix
reasonable compensation of such persons and firms as may be
employed;
(e) Consult and confer with all persons and agencies public
(whether federal, state or local) and private (including the owners
of the lands affected) having resources, information and data
pertinent to the duties and responsibilities of the commission; and
all state and local governmental personnel and agencies shall cooperate to the fullest practicable reasonable extent with the
commission; and
(f) Call upon and receive from any office, department or
agency of state or local government such services, information and
assistance as it may consider advisable.
§4-6-4. Executive sessions; hearings; sessions away from Capitol.
The Commission may hold executive sessions for the purpose of
conducting its business, policy and an agenda, in compliance with
article nine-a, chapter six of this code.
The commission may hold such meetings and hearings at such
times and places as may be necessary or convenient in order for it
to carry out its responsibilities, and such meetings and hearings
shall be open to the public. It shall meet at least once every
three months.
The commission shall ordinarily meet at the Capitol but may
upon the concurrence of two thirds of its total membership meet
anywhere in the State of West Virginia.
§4-6-5. Compensation and expenses of members; other expenses; how
paid; joint committee approval.
The members of the commission shall receive no compensation
for their services except that provided for members thereof who are
members of the Joint Committee on Government and Finance. The
members of the commission (including the citizen members) shall
receive travel, interim and out-of-state expenses, as authorized in
sections six, seven and eight, article two-a of this chapter. Such
expenses and all other expenses including those incurred in the employment of legal, technical, investigative, clerical,
stenographic, advisory and other personnel shall be paid from an
appropriation to be made expressly for the commission, but if no
such appropriation be made in any fiscal year such expenses may be
paid from any account of or appropriation to the Joint Committee on
Government and Finance, but no expense of any kind shall be
incurred unless the approval of the Joint Committee on Government
and Finance therefor is first had and obtained by the commission.
Subject to the approval and designation of the Joint Committee on
Government and Finance, any employee of the Legislature may provide
services to the commission.
§4-6-6. Duration of commission.
Unless sooner terminated by law and until and unless extended,
the commission shall cease to exist at the adjournment sine die of
both houses of the Legislature at the conclusion of its regular
session in the year two thousand eight.
NOTE: The purpose of this bill is to create the "Big Creek
Cape Coalwood Commission" to investigate development in McDowell
County of facilities and attractions related to the coal mining and
coal camp events, culture and heritage portrayed in the
internationally acclaimed books by Homer Hickam, Jr., of Rocket
Boys, Sky Of Stone and The Coalwood Way and the movie "October
Sky." The commission would consist of three Senate members, three
House of Delegate members and three citizen members, appointed by
the Senate President and House Speaker. The Joint Committee on
Government and Finance would function to give prior approval to
expenditures by the commission.
This article is new; therefore, strike-throughs and
underscoring have been omitted.