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2003 SESSION

038001460
SENATE BILL NO. 827
Offered January 8, 2003
Prefiled January 6, 2003
A BILL to amend and reenact § 30-192 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 27 of Title 30 sections numbered 30-192.1 and 30-192.2, relating to the Dr. Martin Luther King, Jr. Memorial Commission.
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Patron-- Marsh
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:

1. That § 30-192 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding in Chapter 27 of Title 30 sections numbered 30-192.1 and 30-192.2 as follows:

§ 30-192. Dr. Martin Luther King, Jr. Memorial Commission; membership; duties; compensation; staff; center and fund established.

A. There is hereby established within the legislative branch, the Dr. Martin Luther King, Jr. Memorial Commission, hereinafter referred to as the "Commission.," to (i) promote the legacy and continuation of the work of Dr. Martin Luther King, Jr., particularly academic scholarship, racial, economic and social justice, and community service; (ii) coordinate and lead year-round educational and commemorative activities throughout the Commonwealth that inform the public of his principles, achievements, and contributions, giving special emphasis to his career as a scholar, author, orator, community leader, conciliator, and theologian, and to the federal King Holiday; (iii) facilitate public policy analysis relative to his principles and teachings; (iv) foster an appreciation of diverse cultures, particularly minority populations within the Commonwealth; and (v) provide opportunities for public discourse on contemporary issues. The Commission shall be composed of eighteen 18 members that includes 10 legislative members and 8 nonlegislative citizen members. Members shall be appointed as follows: four 4 members of the Senate to be appointed by the Senate Committee on Privileges and Elections; six 6 members of the House of Delegates to be appointed by the Speaker of the House in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; and four 4 nonlegislative citizen members to be appointed by the Senate Committee on Privileges and Elections as follows: of whom one shall be the Executive Director of Living the Dream, Inc.; one shall be a representative of the Southern Christian Leadership Conference (SCLC) of Virginia; one shall be a representative of a statewide organization or a state affiliate of a national organization whose mission is to represent ethnic or racial minority citizens in the Commonwealth; and one and two shall be a citizen citizens at-large; and four 4 nonlegislative citizen members to be appointed by the Speaker of the House as follows:, of whom one shall be the Executive Director of the Foundation for the Humanities and Public Policy; and three shall be citizens at-large from among any of the state's eleven Congressional districts. Nonlegislative citizen members shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the Commission and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. The Senate Committee on Privileges and Elections and the Speaker of the House shall ensure, to the extent possible, that their respective appointments to the Commission reflect the demographic population of the Commonwealth.

The Commission shall elect a chairman and a vice-chairman from among its legislative members.

Legislative members of the Commission shall serve terms coincident with their terms of office. Citizen Nonlegislative citizen members shall be appointed for a term of four 2 years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Legislative and nonlegislative citizen members may be reappointed. However, no Senate member shall serve more than two 2 consecutive four-year terms, no House member shall serve more than four 4 consecutive two-year terms, and no nonlegislative citizen member shall serve more than two 4 consecutive four-year two-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

The Commission shall elect a chairman and a vice chairman from among its membership who shall be members of the General Assembly.

A majority of the voting members shall constitute a quorum. The Commission shall meet not less than 4 times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the voting members so request.

Upon the election of a majority of the Senate members appointed to the Commission or a majority of the members of the House of Delegates appointed to the Commission, no recommendation of the Commission shall be adopted without the approval of a majority of such members of the Senate and a majority of such members of the House of Delegates. For the purpose of this provision, a "majority" constitutes the members present and voting at the meeting of the Commission.

Legislative members of the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the discharge performance of their duties as provided in the appropriation act§ 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the discharge performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. However, all such compensation and expenses shall be paid from existing appropriations to the Commission, or if unfunded shall be approved by the Joint Rules Committee.

B. The Commission shall meet not less than four times annually. The Commission shall perform have the following powers and duties:

1. Identify, plan, develop, and implement appropriate programs and events that further the philosophy and memory of Dr. King.

2. Monitor the educational goals, programs, and objectives of public and private schools to encourage the recognition and inclusion of the achievements and contributions of ethnic and minority groups.

3. Inventory and review, biennially, activities and events sponsored by localities in the Commonwealth and those instituted or offered by public and private schools and institutions of higher education designed to honor Dr. King's memory.

4. Facilitate the analysis of public policy relative to Dr. King's principles and philosophy, including his work pertaining to social and economic justice, ethics, and racial equality, and promote the appreciation of diverse cultures among the citizenry.

5. Collaborate with The King Center in Atlanta and other established state and local entities and community organizations in activities and events that commemorate the birth and death, and in initiatives designed to perpetuate the work and legacy of Dr. Martin Luther King, Jr.

6. Establish a memorial to honor Dr. Martin Luther King, Jr., in which (i) records, oral histories, and memorabilia documenting his relationship with and impact on the Commonwealth may be acquired and preserved; (ii) information concerning his life, work, teachings, writings, and philosophy may be collected, preserved, and accessed for educational and cultural purposes; and (iii) scholarly inquiry and writing, undergraduate and graduate study, and policy analysis may be conducted.

7. Encourage and support collaborative activities among state, local, and national organizations that (i) emphasize the noncommercialization of the state and federal King Holiday, (ii) present his life and achievements in historical context, (iii) articulate the relationship between his philosophy, contributions, and current public policies, and (iv) demonstrate his principles consistently through significant participation of persons of diverse racial, ethnic, and cultural backgrounds in public and private endeavors and enterprises.

8. Monitor and evaluate state, local, and national public policy relative to the principles and philosophy of Dr. King, and make appropriate recommendations to the Governor and the General Assembly to maintain progress towards social and economic justice and equal opportunity for all citizens.

9. Apply for and expend such gifts, donations, grants, bequests, and other funds from any source as may be received or that becomes available in connection with its duties under this chapter, and may comply with such conditions and requirements as may be imposed in connection therewith.

10. Seek, accept, and direct the expenditure of public and private contributions to enable it to carry out the purposes of this chapter and to enhance its fiscal stability, financial management, and fund-raising abilities.

11. Perform such other functions and activities as may be necessary to facilitate or implement the Commission's objectives.

C. The Office of the Clerk of the chairman of the Commission shall provide administrative staff support. The Division of Legislative Services shall serve as staff to the Commission provide legal, research, policy analysis and other services as requested by the Commission. All agencies of the Commonwealth shall assist the Commission, upon request.

D. The Commission shall report its activities, findings, and recommendations for appropriate statewide commemorative activities, events, and public policies that further the philosophy of Dr. King annually to the Governor and the General Assembly chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

§ 30-192.1. Dr. Martin Luther King, Jr. Commission Fund established.

There is hereby created in the state treasury a special nonreverting fund to be known as the Dr. Martin Luther King, Jr. Commission Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All 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 not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of supporting the Commission’s work and as seed money to generate additional funds. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the chairman, upon the approval of a majority of the members of the Commission.

§ 30-192.2. Martin Luther King Living History and Public Policy Center created; participating institutions of higher education; responsibilities; Board of Trustees; powers and duties of the Center; executive director and staff; funding.

A. There is created and constituted within the legislative branch of government as a separate component of the Dr. Martin Luther King, Jr. Memorial Commission, the Martin Luther King Living History and Public Policy Center, hereinafter referred to as the "Center." For the purpose of implementing the provisions of subdivision B 6 of §30-192, the Commission shall apply for, receive, and expend such gifts, grants, donations, bequests, and other funds as may be received or made available for the establishment, administration, and operation and maintenance of the Center. The Center shall be funded solely through nonstate funds. Initially, the Center shall be composed of 9 four-year public and private institutions of higher education in the Commonwealth as partner and regional institutions to ensure full access to the Center's programs, activities, scholarship, and resources throughout the Commonwealth. The partner institutions shall be Virginia Commonwealth University, the University of Virginia, Virginia Polytechnic Institute and State University, Norfolk State University, and Old Dominion University. The regional institutions shall be Eastern Virginia Medical School, Hampton University, James Madison University, and Virginia State University. The Virginia Commonwealth University shall be designated as the home site and coordinator of the Center for administrative purposes.

B. The Center shall:

1. Preserve and advance Dr. King's philosophy and memory through the analysis of public policy relative to principles associated with Dr. King of, justice, non-violence, peace, equality, and the concept of the “Beloved Community.”

2. Employ a director and a fund-raiser/grant writer, and other staff as may become necessary, and establish the qualifications, duties, and compensation of such staff. Technical support shall be acquired with the assistance of one of the partner institutions with high technological capabilities.

3. Establish the Center, initially, as a virtual center to facilitate statewide access and links to the partner institutions and regional participants.

4. Determine and implement programs and services consistent with the King legacy and principles. To commence the Center’s activities and future endeavors, such programs and services shall include, but not be limited to, education, social policy, politics, economics, and culture and shall be designed to make a permanent contribution to embedding the principles associated with Dr. King into the fabric of Virginia life.

5. Develop and implement programs and services that facilitate fund-raising and revenue generation and provide visibility to the Center. The programs and services shall be a collaborative effort between the partner institutions, regional participants, and the Commission.

6. Serve as a catalyst for social, economic, and community transformation by leveraging and brokering resources that support scholarly, multidisciplinary research consistent with the purposes of the Center.

7. Promote public education, dialogue, research, scholarship, and the acquisition and preservation of memorabilia to (i) foster an understanding and appreciation of the totality of Dr. King, (ii) enable the examination of a range of matters relevant to King principles and his legacy, (iii) provide available resources to supplement and support the curricula of public and private schools, and (iv) aid the conduct of various research and other projects focused on K-12 education and minority students to promote a better understanding of the needs of educationally at-risk students and the identification of successful strategies to promote their academic achievement.

8. Extend the Center’s educational, cultural, and community outreach programs to public and private schools, institutions of higher education, public libraries, appropriate public and private educational and cultural organizations, the religious community, and the public through various media and available technologies such as, distance learning, Teletechnet, digital website links, online degree programs, digital exhibits, and other cutting-edge technologies.

9. Provide for affiliations with undergraduate and graduate degree programs at all participating institutions of higher education, and, through the existing technological infrastructure and capacity of the institutions, enable the delivery of online degree programs, and make available the academic resources and staff of the Center to assist and support such programs.

10. Expand access to higher education in Virginia by providing undergraduate, graduate and professional programs through partnerships with the Commonwealth's private and public institutions of higher education.

11. Support research in areas consistent with the mission of the Center by eminent or visiting scholars, nationally and internationally, and collaborate with other national and international institutions of higher education and public policy centers on matters of mutual concern.

12. Establish a doctoral fellowship program in which one doctoral or faculty fellowship is supported at each partner institution annually. These fellows shall examine issues relevant to the principles of Martin Luther King, Jr., and shall be recruited carefully to ensure, as much as possible, that scholarly publications that will endure are produced. At least once each year, the Center shall convene a forum or other appropriate setting in which the work of such fellows may be shared with other scholars and the public.

13. Produce policy analyses of issues specific to Virginia and contemporary issues relative to principles associated with Dr. King to further the development of sound, feasible, and fair policies for all Virginians. These analyses may involve, but not be limited to, the assessment of education and health care for the poor and minorities, economic development, the nexus between public policies and quality of life, and other issues with the intent to provide viable and important decision-making information.

14. Conduct public forums, conferences, lectures, and research to address contemporary issues and public policies, including, but not limited to, disparity in health care, economic development, education, ethics, religion, social and environmental justice, civil and human rights, criminal justice system, global economic system, community and race relations, and racial, ethnic and cultural diversity.

15. Design and implement a comprehensive database to provide information on minority populations in Virginia. The database shall include, but not be limited to, accurate and reliable information and data concerning demographics, educational attainment, labor and economic development statistics, housing and criminal justice data, a profile of minority businesses, social and cultural issues, health status and chronic conditions and diseases prevalent among minority groups represented in Virginia. The database shall be accessible to researchers, the business and corporate community, and policy makers, in a centralized location, to facilitate and enhance planning and the targeting of resources. Significant works on the history, culture, achievements, and contributions of minorities to society shall be acquired to provide access for research, educational and cultural purposes.

16. Serve as a resource and referral center and living history museum in which electronic media, including, but not limited to, films, digital audio and video recordings, and a digital library, as well as records, oral histories, and memorabilia documenting Dr. King’s relationship with and impact on the Commonwealth shall be acquired and preserved. In addition to information concerning his life, work, teachings, writings, and philosophy, the Center shall acquire and maintain historical documents, records, artifacts, and memorabilia related to the Civil Rights Movement, the African Diaspora, and African-Americans and other minority populations in the United States for educational purposes. The Center shall establish a working relationship with and a website link to the King Center in Atlanta, the King Papers Project at Stanford University, and Boston University to facilitate research and scholarship.

17. Actively seek and obtain nonstate funding through gifts, public and private grants, donations, federal support, endowments, in-kind services, and revenue-generating enterprises, such as contract research or subscription processes with local governments, local school boards, private organizations, and other entities, creative collaborations between various public and private institutions, and the provision of local programming, and training modules for public and private entities. All such funds and resources as may be received or made available to the Center shall be used to provide the financial support for the Center, its staff, and its work in accordance with the provisions of this section.

18. Incorporate the Center as a nonprofit 501 C 3 corporation,pursuant to the Internal Revenue Code,under an appropriate name, and conduct the activities of the Center within existing available funds on an annual basis.

19. Provide a comprehensive report to the Commission at least annually on the activities and cooperative relationships of the Center, and confer with the Commission to provide informal updates on the status and sources of funding on a quarterly basis until the funding and implementation of the Center is assured.

20. Establish a procedure to allow additional institutions to apply to become participants in the Center with appropriate roles and responsibilities.

C. The Center shall be governed by a 17-member Board of Trustees consisting of the presidents or their designees of Eastern Virginia Medical School, Hampton University, James Madison University, Norfolk State University, Old Dominion University, the University of Virginia, Virginia Commonwealth University, Virginia Polytechnic Institute and State University, and Virginia State University, to be appointed by the Senate Committee on Privileges and Elections; 4 legislative members of the Dr. Martin Luther King, Jr. Memorial Commission, of which one member shall be the chairman and one member shall be the vice chairman of the Commission, to be appointed by the Speaker of the House of Delegates; 2 nonlegislative citizen members who shall represent the business and corporate community, to be appointed by the Senate Committee on Privileges and Elections; and 2 nonlegislative citizen members who shall represent private, nonprofit foundations in the Commonwealth, to be appointed by the Speaker of the House of Delegates.

1. Legislative members and the presidents or their designees of the named institutions of higher education serve terms coincidentwith their terms of office or until their successors shall qualify. Nonlegislative citizen members shall serve 2-year terms. Legislative members, presidents or their designees of the named institutions of higher education, and nonlegislative citizen members may be reappointed. However, no member of the Senate shall serve more than 2 four-year terms, no member of the House of Delegates shall serve more that 4 two-year terms, and no nonlegislative citizen shall serve more than 4 two-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.

2. The Board shall elect a chairman and vice chairman from among its members and may establish bylaws as necessary.

3. The Board of Trustees shall have, in addition to its other powers, all the corporate powers given to corporations by the provisions of Title 13.1, except in those cases where, by the express terms of its provisions, the law is confined to corporations created under that title. The Board shall also have the power to accept, execute, and administer any trust in which it may have an interest under the terms of the instrument creating the trust.

4. The Board shall have the authority to enter into and administer agreements with institutions of higher education in the Commonwealth to effectuate the provisions of this section.

5. The Board may appoint an executive director and a fund-raiser/grant writer for the Center, who may be an employee of one of the participating institutions of higher education. The executive director shall supervise and manage the Center and shall prepare and submit, upon direction and approval by the Board, all budgets and requests for appropriations. The fund-raiser/grant writer shall prepare and submit upon direction and approval of the Board, a plan for developing revenue streams and shall submit grant proposals to secure funding on behalf of the Center. During the initial development and implementation phase of the Center, additional staff support for the functions of the Center may be provided upon agreement by the participating institutions.

6. The Board may, on behalf of the Center, apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to carry out the purposes of this section.

7. The Board may also request and accept the cooperation of agencies of the Commonwealth or the local governments in the performance of its duties.

8. The Center shall be deemed to be an institution of higher education within the meaning of §§ 23-3.1 and 23-9.2.

2. That notwithstanding the provisions of this act, legislative and nonlegislative citizen members appointed to the Commission pursuant to Chapter 679 of the Acts of Assembly of 2002, shall continue to serve until their original terms expire. Such members shall be eligible to serve the full length of consecutive terms as provided by this act, if so appointed.

3. That an emergency exists and this act is in force from its passage.