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2023 SESSION

23103580D
HOUSE BILL NO. 2415
Offered January 18, 2023
A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 66, consisting of sections numbered 30-421 through 30-429, and to repeal Article 11 (§§ 2.2-2544 through 2.2-2550) of Chapter 25 of Title 2.2 of the Code of Virginia, relating to the American Revolution 250 Commission; report.
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Patron-- Austin
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 30 a chapter numbered 66, consisting of sections numbered 30-421 through 30-429, as follows:

CHAPTER 66.
AMERICAN REVOLUTION 250 COMMISSION.

§ 30-421. American Revolution 250 Commission; purpose.

The American Revolution 250 Commission (the Commission) is established in the legislative branch of state government. The purpose of the Commission is to commemorate the 250th anniversary of the American Revolution, the Revolutionary War, and the independence of the United States.

§ 30-422. Membership; terms; vacancies; chairman and vice-chairman.

The Commission shall have a total membership of 26 members that shall consist of five legislative members, 12 nonlegislative citizen members, and nine ex officio members. Members shall be appointed as follows:

1. Two members of the Senate, to be appointed by the Senate Committee on Rules;

2. Three members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates;

3. Three nonlegislative citizen members to be appointed by the Senate Committee on Rules;

4. Three nonlegislative citizen members to be appointed by the Speaker of the House of Delegates; and

5. Six nonlegislative citizen members to be appointed by the Governor, one of whom shall be a member of the Virginia Bar Association and five of whom shall be appointed upon consideration of the recommendations of the Virginia Museum of History & Culture and the Jamestown-Yorktown Foundation, if any.

The Secretary of Education, the Executive Director of the Jamestown-Yorktown Foundation, the President & CEO of the Virginia Museum of History & Culture, the Director of Gunston Hall, the Executive Director of the American Battlefield Trust, the Librarian of Virginia, the Director of the Department of Historic Resources, the Executive Director of Virginia Humanities, and the Chief Executive Officer of the Virginia Tourism Authority, or their designees, shall serve ex officio with voting privileges.

Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. 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 for the purpose of attending meetings.

Legislative members and ex officio members of the Commission shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed for the duration of the Commission's activities.

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. All members may be reappointed.

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

§ 30-423. Quorum; meetings; voting on recommendations.

A majority of the members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever a majority of the members so request.

No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.

§ 30-424. Compensation; expenses.

Legislative members of the Commission shall receive such compensation as provided in § 30-19.12. Nonlegislative citizen members shall serve without compensation. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Compensation and expenses shall be paid from existing appropriations to the Commission or, if unfunded, shall be approved by the Joint Rules Committee.

§ 30-425. Powers and duties of the Commission.

A. The Commission shall have the following powers and duties:

1. Formulate and implement a program for the inclusive observance of the 250th anniversary of the independence of the United States and the Revolutionary War in Virginia, including (i) civic, cultural, and historical education and scholarship concerning the ideals of the American Revolution and their contemporary relevance; (ii) visitation of museums and historic sites, including battlefields; (iii) creation and publication of historical documents and studies; (iv) cooperation with agencies responsible for the preservation or restoration of historic sites, buildings, art, and artifacts; (v) establishment of exhibitions and interpretive and wayfinding signage; (vi) arrangement of appropriate public ceremonies; (vii) a comprehensive marketing and tourism campaign encompassing calendar year 2025 through calendar year 2026; and (viii) the general dissemination of public information regarding Virginia's involvement in the American Revolution and its legacy today;

2. Appoint and establish an advisory council composed of nonlegislative citizen members at large who have a knowledge of relevant history or expertise in areas useful to the work of the Commission, including a representative of the Sons of the Revolution in the Commonwealth of Virginia, a representative of the Virginia Daughters of the American Revolution, and a representative of the National Washington-Rochambeau Revolutionary Route Association. The advisory council shall make recommendations and provide comment as requested by the Commission. The Commission may from time to time appoint, add, or remove members of the advisory council. Members of the advisory council shall serve without compensation or reimbursement;

3. Appoint and establish an executive committee composed of members of the Commission, including the Commission's chairman and vice-chairman, that shall have the authority to act on behalf of the full Commission between meetings; and

4. Perform such other duties, functions, and activities as may be necessary to facilitate and implement the objectives of the Commission.

B. The Commission may 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. In accordance with the appropriation act, the Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements as it may deem necessary to carry out its duties as set forth in this chapter. No contract, lease, or other legal agreement shall be entered into by the Commission that extends beyond the date of expiration of the Commission.

§ 30-426. Staffing.

The Commission may appoint and employ and, at its pleasure, remove an executive director and such other persons as it deems necessary to assist it in carrying out its duties as set forth in this chapter. The Commission may determine the duties of such staff and fix their salaries or compensation within the amounts appropriated thereof. If funds are not appropriated for staffing, the Joint Rules Committee shall determine the staffing support for the Commission.

Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of the Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Commission serves. The Division of Legislative Services shall serve as fiscal agent and provide legal services as requested by the Commission. All agencies and political subdivisions of the Commonwealth shall provide assistance to the Commission, upon request.

§ 30-427. Chairman's executive summary of activity and work of the Commission; report.

The chairman shall submit to the General Assembly and the Governor 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.

§ 30-428. Virginia American Revolution 250 Commission Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia American Revolution 250 Fund, hereafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller and 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 not revert to the general fund but 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 on warrants issued by the Comptroller upon written request of the chairman of the Commission.

§ 30-429. Sunset.

This chapter shall expire on July 1, 2032.

2. That Article 11 (§§ 2.2-2544 through 2.2-2550) of Chapter 25 of Title 2.2 of the Code of Virginia is repealed.

3. That any unexpended balances as of June 30, 2023, of the American Revolution 250 Commission, as established by Chapters 914 and 915 of the Acts of Assembly of 2020, that have accrued in the executive department pursuant to a general appropriation act shall be transferred to the American Revolution 250 Commission, as established in the legislative branch by this act.

4. That as of July 1, 2023, the American Revolution 250 Commission established by this act shall be deemed successor in interest to the American Revolution 250 Commission established pursuant to Chapters 914 and 915 of the Acts of Assembly of 2020. All rights, title, and interest in and to any real or tangible personal property vested in the American Revolution 250 Commission established pursuant to Chapters 914 and 915 of the Acts of Assembly of 2020 shall be transferred to and taken as standing in the name of the American Revolution 250 Commission established by this act.

5. That the members of the American Revolution 250 Commission (the Commission) appointed pursuant to Chapters 914 and 915 of the Acts of Assembly of 2020 or Chapters 685 and 687 of the Acts of Assembly of 2022 shall continue to serve on the Commission unless replaced.