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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WVC 5-


WVC 5 - 28 -


WVC 5 - 28 - 1

§5-28-1. Legislative findings.

The Legislature finds and declares:

(1) That the holocaust perpetrated by the Nazis during the

period between one thousand nine hundred thirty-three and one

thousand nine hundred forty-five resulted in the genocide of six

million Jews and millions of non-Jews as part of a carefully

orchestrated central government program;

(2) That the holocaust stands as a grim reminder and warning

to all generations of genocidal crimes and atrocities committed by

man based on ignorance and fear and that all people should

rededicate themselves to the principles of human rights and equal

protection under the laws of a democratic society;

(3) That education can ensure that citizens are knowledgeable

about the events leading up to the holocaust and about the

organizations and facilities that were created and used

purposefully for the systematic destruction of human beings and

that the lessons of holistic trust and respect for peoples of

various cultures are important for the citizens of West Virginia as

they enter the global marketplace and economy;

(4) That programs, workshops, institutes, seminars, exhibits

and other teacher training and public awareness activities for the

study of the holocaust have taken place during recent years, but a

central resource for schools, churches and communities studying the

holocaust is needed;

(5) That, toward that end, the governor, by executive order No. 2-98, dated the sixteenth day of April, one thousand nine

hundred ninety-eight, created and established the West Virginia

holocaust commission on education; and

(6) That, in furtherance of the intent and purposes of the

aforesaid executive order, it is the intent of the Legislature to

create a permanent state commission which, as an organized body and

on a continuous basis, will survey, design, encourage and promote

implementation of holocaust education and awareness programs in

West Virginia and will be responsible for organizing and promoting

the memorialization of the holocaust on a regular basis throughout

the state.

WVC 5 - 28 - 2

§5-28-2. Commission on holocaust education; compensation.

(a) Effective the first day of July, two thousand one, there

is created the West Virginia commission on holocaust education.

(b) The commission is composed of eleven members: Two members

currently serving on the state board of education, selected by the

board; the state superintendent of schools or his or her designee;

the director of the division of veterans' affairs; one attorney

from the attorney general's office, civil rights division; one

teacher who has completed professional development related to

holocaust education teaching at the high-school level and one

teacher who has completed professional development related to

holocaust education teaching at the junior-high or middle-school

level, each appointed by the governor with the advice and consent

of the Senate; and four state residents, appointed by the governor,

with the advice and consent of the Senate, who shall be:

Individuals who are holocaust scholars or individuals experienced

in the field of holocaust education or survivors, second

generation, eye-witness/liberators or individuals recommended by

the chair of the present holocaust education commission, created by

executive order, who, by virtue of their interest, education or

long-term involvement in human rights, prejudice reduction and

holocaust education have demonstrated, through their past

commitment and cooperation with the existing holocaust commission

on education, their willingness to work for holocaust awareness and

education in West Virginia.

(c) Members of the commission shall be appointed for terms of

three years or until their prospective successors are appointed and

qualified. Members are eligible for reappointment. Any member of

the commission who fails to attend more than two consecutive

meetings without an excuse approved by the commission may be

removed from the commission. All vacancies shall be filled by

appointment in the same manner as the original appointment and the

individual appointed to fill the vacancy serves for the remainder

of the unexpired term.

(d) The governor shall appoint a chairperson for the

commission for a term of three years and until his or her successor

is appointed and qualified.

(e) The speaker of the House of Delegates shall appoint a

member of the House of Delegates and the president of the Senate

shall appoint a member of the Senate to serve as advisors to the


(f) Members of the commission are not entitled to compensation

for services performed as members but may be reimbursed for actual

and necessary expenses incurred for each day engaged in the

performance of their official commission duties in a manner

consistent with the guidelines of the travel management office of

the department of administration.

WVC 5 - 28 - 3

§5-28-3. Commission powers and duties.

(a) The commission shall:

(1) Provide, based upon the collective knowledge and

experience of its members, assistance and advice to public and

private schools, colleges and universities with respect to the

implementation of holocaust education and awareness programs;

(2) Meet with appropriate education officials and other

interested public and private organizations, including service

organizations, for the purpose of providing information, planning,

coordination or modification of courses of study or programs

dealing with the subject of the holocaust;

(3) Compile a roster of individual volunteers who are willing

to share their verifiable knowledge and experiences in classrooms,

seminars and workshops on the subject of the holocaust. The

volunteers may be survivors of the holocaust, liberators of

concentration camps, scholars, members of the clergy, community

relations professionals or other persons who, by virtue of their

experience, education or interest, have experience with the


(4) Coordinate events memorializing the holocaust and seek

volunteers who are willing and able to participate in commemorative

events that will enhance public awareness of the significance of

the holocaust; and

(5) Prepare annual reports for the governor and the

Legislature regarding its findings and recommendations to facilitate the inclusion of holocaust studies and special programs

memorializing the holocaust in educational systems in this state.

(b) The commission may accept and use for the benefit of the

people of West Virginia any gift or devise of any property or thing

which is lawfully given and is authorized to accept state funds as

the same may be appropriated by the Legislature.

WVC 5 - 28 - 4



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.