Chapter 5. General Powers And Authority Of The Governor, Secretary Of State And Attorney General; Board Of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

WVC 5-26A-

ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY

SERVICE.







WVC 5-26A-1

§5-26A-1. Findings, purposes and intent.

The Legislature hereby finds and declares:

(a) The National and Community Service Trust Act of 1993, P.

L. 103-82, was enacted to foster civic responsibility and to enable

the citizens of the various states to participate in, for the

benefit of their communities, various volunteer and other service

programs including, but not limited to, community corps programs,

youth corps programs, school and campus-based programs,

professional corps programs, americorps programs, national senior

service corps programs and VISTA programs.

(b) The National and Community Service Trust Act of 1993, P.

L. 103-82, created the corporation for national and community

service for the purpose of assisting the various states in the

creation and operation of a statewide commission that would have as

its purpose the encouragement, coordination and assistance of the

efforts of individuals or other entities from both the public and

private sectors to create or participate in local community service

programs.

(c) The corporation for national and community service assists

a state's commission by and through a grant to the commission that

is equal to a percentage of the commission's administrative costs.

(d) The deadline for the creation of a state commission was

the first day of January, one thousand nine hundred ninety-four, if

the state commission was to receive an administrative grant in the

corporation for national and community service's fiscal year

beginning in the calendar year one thousand nine hundred

ninety-four.

(e) The West Virginia commission for national and community

service was created by an executive order of the governor of the

state of West Virginia made on the twenty-eighth day of January,

one thousand nine hundred ninety-four, but the executive order

contemplated the enactment of legislation continuing the state

commission in the next session of the Legislature.

(f) The West Virginia commission for national and community

service has striven to develop a coordinated, unified plan in

response to the National and Community Service Trust Act of 1993,

P. L. 103-82, and to meet the social, environmental, educational

and public safety needs of the state of West Virginia by instilling

in its citizens a greater sense of pride in, and responsibility

for, their communities.

(g) The Legislature intends to continue the West Virginia

commission for national and community service for the purpose of

complying with the provisions of the National and Community Service

Trust Act of 1993, P. L. 103-82, and for the purpose of meeting the

social, environmental, educational and public safety needs of the

state of West Virginia by and through promotion and coordination of

community outreach initiatives.







WVC 5-26A-2

§5-26A-2. Continuation of West Virginia commission for national

and community service; support and assistance to

commission.

(a) The West Virginia commission for national and community

service is hereby continued as a state commission within the

meaning of, and in accordance with, the provisions of the National

and Community Service Act of 1990, as amended by the National and

Community Service Trust Act of 1993, and the provisions of any

rules or regulations promulgated under the act.

(b) By executive order, the governor shall provide for any

administrative support to the West Virginia commission for national

and community service as the governor may deem to be necessary.

(c) All agencies of the state shall provide such assistance

and information to the West Virginia commission for national and

community service as is necessary to ensure a fully coordinated

effort throughout the state relating to the promotion of national

and community volunteer service.







WVC 5-26A-3

§5-26A-3. Members.

(a) The West Virginia commission for national and community

service shall have no fewer than fifteen and no more than

twenty-five voting members to be appointed by the governor.

(b) The voting membership of the West Virginia commission for

national and community service shall include:

(1) At least one individual with expertise in the educational

and developmental needs of the state's disadvantaged youth;

(2) At least one individual with experience in promoting the

involvement of older adults in national or community service and

volunteer programs;

(3) A representative of a community-based agency operating

within the state;

(4) The secretary of the department of education and arts

created pursuant to section two, article one, chapter five-f of

this code or a designee;

(5) The state superintendent of schools or a designee;

(6) A representative of a county or municipal government;

(7) A representative of a local labor organization;

(8) A representative of a for-profit business operating within

the state; and

(9) An individual whose age is between the age of sixteen

years and twenty-five years, inclusive, who has been, or remains,

a participant or a supervisor in a volunteer or service program.

(c) The membership of the West Virginia commission for

national and community service shall include a representative of

the corporation for national and community service who shall serve as a member in a nonvoting, ex officio capacity.

(d) No more than twenty-five percent of the voting membership

of the West Virginia commission for national and community service

may be individuals who are employed by the state or its agencies,

except that the membership may include additional employees of the

state or its agencies in a nonvoting, ex officio capacity.

(e) No member of the West Virginia commission for national and

community service may vote on an issue affecting organizations for

which the member has served as a staff person or as a volunteer at

any time during the twelve-month period before the member's

appointment to the commission.

(f) No more than fifty percent plus one of the members of the

West Virginia commission for national and community service may be

members of the same political party.

(g) To the extent possible, the membership of the West

Virginia commission for national and community service shall

reflect the diversity of the state's population.

(h) Members of the West Virginia commission for national and

community service who were appointed under the executive order of

the governor entered on the twenty-eighth day of January, one

thousand nine hundred ninety-four, shall continue as members of the

commission for a term of three years, except that the governor

shall designate eight members who shall serve for a term of two

years and shall also designate an additional eight members who

shall serve for a term of one year. Additional appointments by the

governor under the provisions of this section and appointments by

the governor upon the expiration of a member's term shall be made for a term of three years. Appointments of members by the governor

to serve for an unexpired term shall be for the remainder of the

unexpired term. Members may be reappointed.

(i) The voting members of the West Virginia commission for

national and community service shall annually elect a voting member

to serve as the chair of the commission.

(j) The members of the West Virginia commission for national

and community service shall meet at the call of the chair, who

shall be obligated to call a meeting at the request of a simple

majority of the members or as necessary to ensure that the members

have met at least twice in each calendar year of the commission's

operation.

(k) The members of the West Virginia commission for national

and community service shall serve without compensation, except that

the members of the commission who are not state employees shall be

reimbursed for their actual and necessary expenses incurred in

discharging their duties and responsibilities as members of the

commission.







WVC 5-26A-4

§5-26A-4. Duties and responsibilities.

The West Virginia commission for national and community

service shall have the duties and responsibilities set forth in the

provisions of the National and Community Service Act of 1990, as

amended by the National and Community Service Trust Act of 1993,

and the provisions of any rules or regulations promulgated under

the act. The duties and responsibilities include:

(a) Advising and assisting the governor in the development and

implementation of a comprehensive statewide plan for promoting

volunteer involvement and citizen participation in programs which

are designed to serve the needs of the citizens of the state and

its communities;

(b) Fulfilling federal program administration requirements,

including the provision of health care and child care for program

participants;

(c) Submitting annual state applications for the federal

funding of the americorps programs that are selected by the

commission;

(d) Integrating americorps programs, existing VISTA and

national senior service corps programs, and K-12 learn and serve

programs into the state's strategic service plan;

(e) Conducting local outreach to develop a comprehensive and

inclusive state service plan;

(f) Coordinating with existing programs for service and

volunteerism in order to prevent unnecessary competition for

private sources of funding;

(g) Providing technical assistance to service and volunteer programs, including the development of training methods and

curriculum materials;

(h) Developing a statewide recruitment and placement system

for individuals who are interested in community service

opportunities;

(i) Preparing quarterly reports on progress for submission to

the governor and preparing an annual report for submission to the

governor and the Legislature on or before the first day of January

of each year which shall detail the commission's activities for the

preceding year; and

(j) Serving as the state's liaison to national and state

entities or other organizations which also promote national and

community service and volunteerism.







WVC 5-26A-5

§5-26A-5. Powers.

(a) The West Virginia commission for national and community

service may apply for and accept funds, grants, gifts and services

from local government, the state or the federal government, or any

of their agencies, or from any other public or private source and

is authorized to use funds derived from these sources to defray

administrative costs and implement programs to fulfill the

commission's duties and responsibilities.

(b) The West Virginia commission for national and community

service shall accept on behalf of the governor any reports that

relate to community service and volunteerism issues and that are

required to be submitted to the governor by the provisions of the

code of West Virginia.







WVC 5 - 26 A- 6

§5-26A-6.

Repealed.

Acts, 2010 Reg. Sess., Ch. 32.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.