COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 404
(By Senators Unger, Tomblin (Mr. President), Snyder, Foster,
McCabe, Stollings and White)
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[Originating in the Committee on Government Organization;
reported March 12, 2009.]
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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 the West Virginia Sesquicentennial
Commission and fund; membership; meetings; powers and duties
of the commission; and termination 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.
Effective July 1, 2009, the West Virginia Sesquicentennial
Commission is created to be the official statehood
sesquicentennial coordinating body, 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.
(a) The commission shall consist of the following eleven
members:
(1) Commissioner of Culture and History or a designee, who
shall serve as co-chair;
(2) Commissioner of Tourism or a designee, who shall serve
as co-chair;
(3) Secretary of the Department of Education and the Arts or
a designee;
(4) One member of the Senate, to be appointed by the
President of the Senate;
(5) One member of the House of Delegates, to be appointed by
the Speaker of the House of Delegates;
(6) Three recognized academic historians; and
(7) Three citizen members, each representing different state
senatorial districts.
(b) The six non ex officio members shall be appointed by the Governor, by and with the advice and consent of the Senate and
shall be residents and citizens of the state or an employee of:
(1) The state;
(2) A state college or university;
(3) A private college or university within the state; or
(4) An agency or political subdivision of the state.
(c) The term for ex officio members shall be concurrent with
their terms of office. Non ex officio members shall serve until
the commission is terminated.
(d) 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 a
chairperson or whenever a majority of the members so request.
§4-13-4. West Virginia Sesquicentennial Commission Fund
established.
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 reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of his or her duties as a commission member. All
reimbursements shall be paid from the fund.
§4-13-6. Powers and duties of the commission.
The commission shall have the following powers and duties:
(1) 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.
(3) Provide technical assistance to local governments and
nonprofit organizations to further the commemoration of the
sesquicentennials.
(4) Develop programs and facilities to ensure that the
sesquicentennial commemorations 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.
(6) Facilitate activities related to the sesquicentennials.
(7) 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.
(8) Procure supplies, services and property, and make or
enter into contracts, leases or other legal agreements necessary
to carry out the duties of the commission:
Provided, That no
contract, lease or other legal agreement shall be entered into by
the commission that extends beyond the date of termination of the
commission.
(9) Establish an advisory board to assist the commission in
the performance of its duties.
(10) Design and create, in consultation with the Division of
Motor Vehicles, license plates, to be issued by the Division of Motor Vehicles, commemorating the sesquicentennials and history
of West Virginia, including, but not limited to, designs
commemorating General Stonewall Jackson and General Thomas Maley
Harris.
(11) Annually, on or before January 15, report to the Joint
Committee on Government and Finance and the Governor on the
action taken by the commission during the previous year in
carrying out the provisions of this article.
§4-13-7. Termination of commission.
The commission will terminate on June 30, 2014.