11103761D
SENATE BILL NO. 1139
Senate Amendments in [ ] -- February 8, 2011
A BILL to amend and reenact § 23-288 of the Code of Virginia,
and to repeal § 23-290.1 of the Code of Virginia, relating to the
Jamestown-Yorktown Foundation.
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Patron Prior to Engrossment--Senator Quayle
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:
1. That § 23-288 of the Code of Virginia is amended and
reenacted as follows:
§ 23-288. Powers and duties.
The Foundation shall have the power and duty to:
1. Do all things necessary and proper to further an
appreciation of the contributions of foster through its living-history
museums, Jamestown Settlement and Yorktown Victory Center, an awareness and
understanding of the early history, settlement, and development of the United
States through the convergence of [ Native American
American
Indian ] , European, and African cultures and the
enduring legacies bequeathed to the nation; to commemorate Jamestown as the
first permanent English-speaking settlers and their American Indian
neighbors of Virginia and settlement in the United States and its
contributions to the building of our Commonwealth and nation,;
to commemorate the winning of American independence on the battlefield at
Yorktown,; and to enhance our understanding of the making of the
United States Constitution and Bill of Rights, including Virginia's role in
shaping the fundamental principles of the American constitutional system.
2. Administer, develop and maintain at Jamestown and Yorktown
permanent commemorative shrines and historical museums.
3. Adopt names, flags, seals and other emblems for use in
connection with such shrines and to copyright the same in the name of
the Commonwealth.
4. Enter into contracts to further the purposes of the
Foundation, which have been approved by the Attorney General.
5. Establish nonprofit corporations as instrumentalities to
assist in administering the affairs of the Foundation.
6. With the consent of the Governor, acquire lands, property
and structures deemed necessary for the purposes of the Foundation by purchase,
lease, gift, devise or condemnation proceedings. The title to the land and
property acquired shall be in the name of the Commonwealth. In the exercise of
the power of eminent domain granted under this section, the Foundation may
proceed in the manner provided by Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.
7. With the consent of the Governor, convey by lease land to
any person, association, firm or corporation for such term and on such
conditions as the Foundation may determine.
8. Receive and expend gifts, grants and donations from
whatever source derived for the purposes of the Foundation.
9. Employ an executive director and such deputies and
assistants as may be required.
10. To elect Elect any past chairman of the
Board of Trustees to the honorary position of Chairman Emeritus. Chairmen
emeriti shall serve as honorary members for life. Chairmen emeriti shall be
elected in addition to the at-large positions defined in § 23-287.
11. With the consent of the Governor, to enter into
agreements or contracts with private entities for the promotion of tourism
through marketing without competitive sealed bidding or competitive negotiation
provided a demonstrable cost savings, as reviewed by the Secretary of
Education, can be realized by the Foundation and such agreements or contracts are
based on competitive principles.
12. To determine Determine what paintings,
statuary, works of art, manuscripts, and artifacts may be acquired by purchase,
gift, or loan, and to exchange or sell the same if not inconsistent with
the terms of such purchase, gift, loan, or other acquisition.
13. To change Change the form of investment of
any funds, securities, or other property, real or personal, provided the same
are not inconsistent with the terms of the instrument under which the same were
acquired, and to sell, grant, or convey any such property, except that
any transfers of real property may be made only with the consent of the
Governor.
2. That § 23-290.1 of the Code of Virginia is repealed.
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