ENROLLED
H. B. 2891
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed April 9, 2005; in effect ninety days from passage]
AN ACT
to repeal §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-
1B-6, §5-1B-7 and §5-1B-8 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new
article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-
5, §5A-6-6, §5A-6-7 and §5A-6-8; to amend and reenact §5A-7-4
of said code; to amend and reenact §5A-8-15 of said code; to
amend and reenact §5B-1-2 of said code; to amend and reenact
§5B-3-4 and §5B-3-5 of said code; to amend and reenact §5F-2-1
and §5F-2-2 of said code;
to amend and reenact §10-5-2; to
amend said code by adding thereto a new section, designated
§10-5-5a; to amend and reenact §11-10A-6 and §11-10A-7 of said
code; to amend and reenact §17-16A-3 and §17-16A-10 of said
code; and to amend and reenact §49-9-15 of said code, all
relating to the reorganization of the executive branch of
state government;
transferring the Office of Technology from
the Office of the Governor to the Department of
Administration; providing that the Director of Information
Services and Communications Division shall report to the Chief Technology Officer; providing that the Director of Information
Services and Communications Division shall develop and
maintain an information systems disaster recovery system;
modifying membership of the Records Management and
Preservation Board to include a county sheriff and a county
assessor; limiting the time period for department secretaries
to transfer funds within their respective departments;
requiring secretaries of departments to cooperate with the
Office of the Pharmaceutical Advocate in purchasing
prescription drugs; transferring the Bureau of Employment
Programs to the Department of Commerce;
providing that the
Governor will chair the Educational Broadcasting Authority for
a limited term; providing that the Governor will appoint to
Executive Director of the Educational Broadcasting Authority
to serve for a limited term; modifying the term of the chief
administrative law judge of the Office of Tax Appeals;
providing that the Governor has the authority to appoint two
administrative law judges to the Office of Tax Appeals;
providing for Governor to chair the
West Virginia Parkways,
Economic Development and Tourism Authority
; authorizing the
Governor to appoint an Executive Director of the
Virginia
Parkways, Economic Development and Tourism
Authority
and set
salary annually;
modifying membership of the Missing Children
Information Clearinghouse;
and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-1B-6, §5-
1B-7 and §5-1B-8 of the Code of West Virginia, 1931, as amended, be
repealed; that said code be amended by adding thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5,
§5A-6-6, §5A-6-7 and §5A-6-8; that §5A-7-4 of said code be amended
and reenacted; that §5A-8-15 of said code be amended and reenacted;
that §5B-1-2 of said code be amended and reenacted; that §5B-3-4
and §5B-3-5 of said code be amended and reenacted; that §5F-2-1 and
§5F-2-2 of said code be amended and reenacted; that §10-5-2 of said
code be amended and reenacted; that said code be amended by adding
thereto a new section, designated §10-5-5a; that §11-10A-6 and §11-
10A-7 of said code be amended and reenacted; that §17-16A-3 and
§17-16A-10 of said code be amended and reenacted; and that §49-9-15
of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 6. OFFICE OF TECHNOLOGY
§5A-6-1. Findings and purposes.
The Legislature finds and declares that information technology
is essential to finding practical solutions to the everyday
problems of government, and that the management goals and purposes
of government are furthered by the development of compatible,
linked information systems across government. Therefore, it is the
purpose of this article to create, as an integral part of the
Department of Administration, the Office of Technology with the
authority to advise and make recommendations to all state spending
units on their information systems.
§5A-6-2. Definitions.
As used in this article:
(a) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by electronic or mechanical means;
(b) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training, and includes the programs and
routines used to employ and control the capabilities of data
processing hardware;
(c) "Information equipment" includes central processing units,
front-end processing units, miniprocessors, microprocessors and
related peripheral equipment, including data storage devices,
networking equipment, services, routers, document scanners, data
entry equipment, terminal controllers, data terminal equipment,
computer-based word processing systems other than memory
typewriters;
(d) "Related services" include feasibility studies, systems
design, software development and time-sharing services whether
provided by state employees or others;
(e) "Telecommunications" means any transmission, emission or
reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other electromagnetic
or optical systems. The term includes all facilities and equipment
performing those functions that are owned, leased or used by the
executive agencies of state government;
(f) "Chief Technology Officer" means the person holding the
position created in section three of this article and vested with
authority to assist state spending units in planning and
coordinating information systems that serve the effectiveness and
efficiency of the individual state spending units, and further the
overall management goals and purposes of government; and
(g) "Experimental program to stimulate competitive research"
(EPSCoR) means the West Virginia component of the national EPSCoR
program which is designed to improve the competitive research and
development position of selected states through investments in
academic research laboratories and laboratory equipment. The
recognized West Virginia EPSCoR, which is part of the Office of
Technology, is the responsible organization for the coordination
and submission of proposals to all federal agencies participating
in the EPSCoR program.
§5A-6-3. Office of Technology; Chief Technology Officer;
appointment and qualifications.
The Office of Technology is created within the Department of
Administration. A Chief Technology Officer shall be appointed by
and shall serve at the will and pleasure of the Governor. The
Chief Technology Officer shall have knowledge in the field of
information technology, experience in the design and management of
information systems and an understanding of the special demands
upon government with respect to budgetary constraints, the
protection of privacy interests and federal and state standards of
accountability.
§5A-6-4. Powers and duties; professional staff.
(a) With respect to all state spending units the Chief
Technology Officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the Information Services
and Communications Division of the Department of Administration,
technical assistance to the administrators of the various state spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the information services and
communications division, the economic justification, system design
and suitability of information equipment and related services, and
review and make recommendations on the purchase, lease or
acquisition of information equipment and contracts for related
services by the state spending units;
(4) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state or
federal standards of accountability demand retention of some paper
processes;
(5) Develop a mechanism for identifying those instances where
information systems should be linked and information shared, while
providing for appropriate limitations on access and the security of
information;
(6) Create new technologies to be used in government, convene
conferences and develop incentive packages to encourage the
utilization of technology;
(7) Engage in any other activities as directed by the
Governor; and
(8) Charge a fee to the state spending units for evaluations
performed and technical assistance provided under the provisions of
this section. All fees collected by the Chief Technology Officer
shall be deposited in a special account in the state treasury to be
known as the "Chief Technology Officer Administration Fund".
Expenditures from the fund shall be made by the Chief Technology
Officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code. Amounts collected which are found to exceed
the funds needed for purposes set forth in this article may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature.
(b) With respect to executive agencies, the Chief Technology
Officer may:
(1) Develop a unified and integrated structure for information
systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise the authority inherent to the chief executive of
the state as the Governor may, by executive order, delegate, to
overrule and supersede decisions made by the administrators of the
various executive agencies of government with respect to the design
and management of information systems and the purchase, lease or
acquisition of information equipment and contracts for related
services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human
resources from any executive agency and the most effective and
efficient uses of the fiscal resources of executive agencies, to consolidate or centralize information-processing operations.
(c) The Chief Technology Officer may employ the personnel
necessary to carry out the work of the Office of Technology and may
approve reimbursement of costs incurred by employees to obtain
education and training.
§5A-6-5. Notice of request for proposals by state spending units
required to make purchases through the State Purchasing
Division.
Any state spending unit that is required to submit a request
for proposal to the State Purchasing Division prior to purchasing
goods or services shall notify the Chief Technology Officer, in
writing, of any proposed purchase of goods or services related to
its information and telecommunication systems. The notice shall
contain a brief description of the goods and services to be
purchased. The state spending unit shall provide the notice to the
Chief Technology Officer at the same time it submits its request
for proposal to the State Purchasing Division.
§5A-6-6. Notice of request for proposals by state spending units
exempted from submitting purchases to the State
Purchasing Division.
(a) Any state spending unit that is not required to submit a
request for proposal to the State Purchasing Division prior to
purchasing goods or services shall notify the Chief Technology
Officer, in writing, of any proposed purchase of goods or services
related to its information or telecommunication systems. The notice
shall contain a detailed description of the goods and services to
be purchased. The state spending unit shall provide the notice to
the Chief Technology Officer a minimum of ten days prior to the time it requests bids on the provision of the goods or services.
(b) If the Chief Technology Officer evaluates the suitability
of the information and telecommunication equipment and related
services under the provisions of subdivision (3), subsection (a),
section four of this article and determines that the goods or
services to be purchased are not suitable, he or she shall, within
ten days of receiving the notice from the state spending unit,
notify the state spending unit, in writing, of any recommendations
he or she has regarding the proposed purchase of the goods or
services. If the state spending unit receives a written notice from
the Chief Technology Officer within the time period required by
this section, the state spending unit shall not put the goods or
services out for bid less than fifteen days following receipt of
the notice from the Chief Technology Officer.
§5A-6-7. Biannual report.
The Chief Technology Officer shall report biannually to the
Legislative Joint Committee on Government and Finance on the
activities of his or her office.
§5A-6-8. Exemptions.
The provisions of this article do not apply to the Legislature
or the Judiciary.
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-4. Powers and duties of division generally; professional
staff; telephone service.
(a) The Division is responsible for providing technical
services and assistance to the various state spending units with
respect to developing and improving data processing and
telecommunications functions. The Division may provide training and direct data processing services to the various state agencies.
The Division shall, upon request of the Chief Technology Officer,
provide technical assistance in evaluating the economic
justification, system design and suitability of equipment and
systems used in state government. The Director shall report to the
Chief Technology Officer.
(b) The Director is responsible for the development of
personnel to carry out the technical work of the Division and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(c) The Director may assess each state spending unit for the
cost of any evaluation of the economic justification, system design
and suitability of equipment and systems used by the state spending
unit or any other technical assistance that is provided or
performed by the Chief Technology Officer and the Division under
the provisions of section four, article six of this chapter.
(d) The Director shall transfer any moneys received as a
result of the assessments that he or she makes under subsection(c)
of this section to the Office of Technology. The Director shall
report quarterly to the Joint Committee on Government and Finance
on all assessments made pursuant to subsection (c) of this section.
(e) The Director shall maintain an accounting system for all
telephone service to the state.
(f) The provisions of this article do not apply to the
Legislature or the Judiciary.
(g) In consultation with the Adjutant General, Chairman of the
Public Service Commission, the Superintendent of the State Police
and the Director of the Division of Homeland Security and Emergency Management, the Director is responsible for the development and
maintenance of an information systems disaster recovery system for
the State of West Virginia with sites in one or more locations
isolated from reasonably perceived threats to the primary operation
of state government. The Director shall develop specifications,
funding mechanisms and participation requirements for all executive
branch agencies to protect the State's essential data, information
systems and critical government services in times of emergency,
inoperativeness, or disaster. Each executive branch agency shall
assist the Director in planning for its specific needs and provide
to the Director any information or access to information systems or
equipment that may be required in carrying out this purpose. No
state-wide or executive branch agency procurement of disaster
recovery services may be initiated, let or extended without the
expressed consent of the Director.
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§5A-8-15. Records management and preservation of county records;
alternate storage of county records; Records Management and
Preservation Board; qualifications and appointment of members;
reimbursement of expenses; staffing; rule-making authority;
study of records management needs of state agencies; grants to
counties.
The Legislature finds that the use of electronic technology
and other procedures to manage and preserve public records by
counties should be uniform throughout the state where possible.
(a) The governing body and the chief elected official of a
county, hereinafter referred to as a county government entity,
whether organized and existing under a charter or under general law, shall promote the principles of efficient records management
and preservation of local records. A county governing entity may,
as far as practical, follow the program established for the uniform
management and preservation of county records as set out in a rules
proposed for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code as proposed by
the Records Management and Preservation Board.
(b) In the event a county government entity decides to destroy
or otherwise dispose of a county record, the county government
entity may, prior to destruction or disposal thereof, offer the
record to the Director of the Section of Archives and History of
the Division of Culture and History for preservation of the record
as a document of historical value. Unless authorized by the Supreme
Court of Appeals, the records of courts of record and magistrate
courts are not affected by the provisions of this section.
(c)(1) A preservation duplicate of a county government entity
record may be stored in any format approved by the Board in which
the image of the original record is preserved in a form, including
CD-ROM and optical image storage media, in which the image is
incapable of erasure or alteration and from which a reproduction of
the stored record may be retrieved that truly and accurately
depicts the image of the original county government record.
(2) Except for those formats, processes and systems used for
the storage of records on the effective date of this section, no
alternate format for the storage of county government entity
records described in this section is authorized for the storage of
county government entity records unless the particular format has
been approved pursuant to a legislative rule promulgated by the Board in accordance with the provisions of chapter twenty-nine-a of
this code. The Board may prohibit the use of any format, process or
system used for the storage of records upon its determination that
the same is not reasonably adequate to preserve the records from
destruction, alteration or decay.
(3) Upon creation of a preservation duplicate that stores an
original county government entity record in an approved format that
is incapable of erasure or alteration and that may be retrieved in
a format that truly and accurately depicts the image of the
original record, the county government entity may destroy or
otherwise dispose of the original in accordance with the provisions
of section seven-c, article one, chapter fifty-seven of this code.
(d) A Records Management and Preservation Board for county
government entities is continued to be composed of nine members.
(1) Three members shall serve ex officio. One member shall be
the Commissioner of the Division of Culture and History or designee
who shall be the chair of the Board. One member shall be the
Administrator of the Supreme Court of Appeals or designee. One
member shall be the Chief Technology Officer or designee.
(2) The Governor shall appoint eight members of the Board with
the advice and consent of the Senate. Not more than five
appointments to the Board may be from the same political party and
not more than three members may be appointed from the same
congressional district. Of the eight members appointed by the
Governor:
(i) Five appointments shall be county elected officials, one
of whom shall be a clerk of a county commission, one of whom shall
be a circuit court clerk, one of whom shall be a county commissioner, one of whom shall be a county sheriff, and one of
whom shall be a county assessor, to be selected from a list of
fifteen names. The names of three clerks of county commissions and
three circuit court clerks shall be submitted to the Governor by
the West Virginia Association of Counties. The names of three
county commissioners shall be submitted to the Governor jointly by
the West Virginia Association of Counties and the West Virginia
County Commissioners Association. The names of three county
sheriffs shall be submitted to the Governor by the West Virginia
Sheriff's Association. And the names of three county assessors
shall be submitted to the Governor by the Association of West
Virginia Assessors;
(ii) One appointment shall be a county prosecuting attorney to
be selected from a list of three names submitted by the West
Virginia Prosecuting Attorneys Institute;
(iii) One appointment shall be an attorney licensed in West
Virginia and in good standing as a member of the West Virginia
State Bar with experience in real estate and mineral title
examination, to be selected from a list of three names submitted by
the State Bar; and
(iv) One appointment shall be a representative of a local
historical or genealogical society.
(e) The members of the Board shall serve without compensation
but shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their duties as members of
the Board in a manner consistent with the guidelines of the Travel
Management Office of the Department of Administration
. In the event
the expenses are paid, or are to be paid, by a third party, the member shall not be reimbursed by the state.
(f) The staff of the Board shall consist of the Director of
the Archives and History Section of the Division of Culture and
History and any additional staff as needed.
(g) The Board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, to establish a system of records management
and preservation for county governments: Provided, That, for the
retention and disposition of records of courts of record and
magistrate courts, the implementation of the rule is subject to
action by the Supreme Court of Appeals of West Virginia. The
proposed rules shall include provisions for establishing a program
of grants to county governments for making records management and
preservation uniform throughout the state. The Board is not
authorized to propose or promulgate emergency rules under the
provisions of this section.
(h) In addition to the fees charged by the clerk of the county
commission under the provisions of section ten, article one,
chapter fifty-nine of this code, the clerk shall charge and collect
an additional one-dollar fee for every document containing less
than ten pages filed for recording and an additional one-dollar fee
for each additional ten pages of document filed for recording. At
the end of each month, the clerk of the county commission shall
deposit into the Public Records and Preservation Account as
established in the State Treasury all fees collected: Provided,
That the clerk may retain not more than ten percent of the fees for
costs associated with the collection of the fees. Clerks shall be
responsible for accounting for the collection and deposit in the State Treasury of all fees collected by the clerk under the
provisions of this section.
(i) There is hereby created in the State Treasury a special
account entitled the "Public Records and Preservation Revenue
Account". The account shall consist of all fees collected under the
provisions of this section, legislative appropriations, interest
earned from fees, investments, gifts, grants or contributions
received by the Board. Expenditures from the account shall be for
the purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code.
(j) Subject to the above provision, the Board may expend the
funds in the account to implement the provisions of this article.
In expending funds from the account, the Board shall allocate not
more than fifty percent of the funds for grants to counties for
records management, access and preservation purposes. The Board
shall provide for applications, set guidelines and establish
procedures for distributing grants to counties including a process
for appealing an adverse decision on a grant application.
Expenditures from the account shall be for the purposes set forth
in this section, including the cost of additional staff of the
Division of Archives and History.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Commerce.
The Department of Commerce consists of the following agencies,
boards, commissions, divisions and offices, including all of the
allied, advisory, affiliated or related entities, which are
incorporated in and administered as part of the Department of
Commerce:
(1) Division of Labor provided in article one, chapter twenty-
one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with
the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission, provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs provided in chapter
twenty-one-a of this code.
ARTICLE 3. WEST VIRGINIA ECONOMIC DEVELOPMENT STRATEGY: A VISION
SHARED.
§5B-3-4. Commission review of procedural rules, interpretive rules
and existing legislative rules.
(a) The Joint Commission on Economic Development may review
any procedural rule, interpretive rule or existing legislative rule
and make recommendations concerning the rules to the Legislature.
(b) The Development Office and the Tourism Commission
established pursuant to article two of this chapter, the Economic
Development Authority established pursuant to article fifteen,
chapter thirty-one of this code, the Bureau of Employment Programs
established pursuant to article four, chapter twenty-one-a of this
code, the Workers' Compensation Commission established pursuant to
article one, chapter twenty-three of this code, the Workforce
Investment Commission established pursuant to article two-c of this
chapter, West Virginia Jobs Investment Trust, regional planning and
development councils, West Virginia Rural Development Council,
Office of Technology and West Virginia Clearinghouse for Workforce
Education shall each file a copy of its legislative rules with the
commission as provided for in this section. Each agency that
proposes legislative rules in accordance to the provisions of article three, three-a or three-b, chapter twenty-nine-a of this
code relating to economic development or workforce development
shall file the rules with the Joint Commission at the time the
rules are filed with the Secretary of State prior to the public
comment period or public hearing required in said chapter.
§5B-3-5. Joint Commission on Economic Development Studies.
(a) The Joint Commission on Economic Development shall study
the following:
(1) The feasibility of establishing common regional
configurations for local workforce investment areas, regional
educational service agencies and for all other purposes the
commission considers feasible. The study should review the
existing levels of cooperation between state and local economic
developers, complete an analysis of possible regional
configurations and outline examples of other successful regional
systems or networks found throughout the world. If the study
determines that the common regional configurations are feasible,
the Commission shall recommend legislation establishing common
regional designations for all feasible purposes. In making the
designation of regional areas, the study shall take into
consideration, but not be limited to, the following:
(A) Geographic areas served by local educational agencies and
intermediate educational agencies;
(B) Geographic areas served by post-secondary educational
institutions and area vocational education schools;
(C) The extent to which the local areas are consistent with
labor market areas;
(D) The distance that individuals will need to travel to receive services provided in the local areas; and
(E) The resources of the local areas that are available to
effectively administer the activities or programs;
(2) The effectiveness and fiscal impact of incentives for
attracting and growing businesses, especially technology-intensive
companies; and
(3) A comprehensive review of West Virginia's existing
economic and community development resources and the recommendation
of an organizational structure, including, but not limited to, the
reorganization of the Department of Commerce and the Development
Office that would allow the state to successfully compete in the
new global economy.
(b) In order to effectuate in the most cost-effective and
efficient manner the studies required in this article, it is
necessary for the Joint Commission to assemble and compile a
tremendous amount of information. The Development Office will
assist the Joint Commission in the collection and analysis of this
information. The Tourism Commission established pursuant to article
two of this chapter, the Economic Development Authority established
pursuant to article fifteen, chapter thirty-one of this code, the
Bureau of Employment Programs established pursuant to article four,
chapter twenty-one-a of this code, the Workers' Compensation
Commission established pursuant to article one, chapter twenty-
three of this code, the Workforce Investment Commission established
pursuant to article two-c of this chapter, West Virginia Jobs
Investment Trust, regional planning and development councils, West
Virginia Rural Development Council, Office of Technology and West
Virginia Clearinghouse for Workforce Education shall provide a copy of the their annual reports as submitted to the Governor in
accordance with the requirements set forth in section twenty,
article one, chapter five of this code to the West Virginia
Development Office. The Development Office shall review, analyze
and summarize the data contained in the reports, including its own
annual report, and annually submit its findings to the Joint
Commission on or before the thirty-first day of December.
(c) The Legislative Auditor shall provide to the Joint
Commission a copy of any and all reports on agencies listed in
subsection (b) of this section, which are required under article
ten, chapter four of this code.
(d) The Joint Commission shall complete the studies set forth
in this section and any other studies the Joint Commission
determines to undertake prior to the first day of December of each
year and may make recommendations, including recommended
legislation for introduction during the regular session of the
Legislature.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five
of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen,
chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in
article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-
a, chapter twenty-nine of this code;
(5) Education and State Employees Grievance Board provided for
in article twenty-nine, chapter eighteen of this code and article
six-a, chapter twenty-nine of this code;
(6) Board of Risk and Insurance Management provided for in
article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three,
chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter
twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:
(1)Division of Labor provided in article one, chapter twenty-
one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with
the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and
(7) The Bureau of Employment Programs provided in chapter
twenty-one-a of this code.
(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in
article one, chapter twenty-two-c of this code is continued as an
independent agency within the executive branch.
(e)
Workers' Compensation Commission provided in article
one, chapter twenty-three of this code is continued as an
independent agency within the executive branch.
(f) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
department of environmental protection for purposes of
administrative support and liaison with the office of the governor:
(1) Air Quality Board provided in article two, chapter
twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight,
chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article
nine, chapter twenty-two-c of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of
this code;
(2) Educational Broadcasting Authority provided in article
five, chapter ten of this code;
(3) Division of Culture and History provided in article one,
chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section
two, article ten-a, chapter eighteen of this code.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Health and Human
Resources:
(1) Human Rights Commission provided in article eleven,
chapter five of this code;
(2) Division of Human Services provided in article two,
chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter
sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council
provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
(i) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military Affairs and
Public Safety:
(1) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of
this code;
(3) Military Awards Board provided in article one-g, chapter
fifteen of this code;
(4) West Virginia State Police provided in article two,
chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and
Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter
fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of
this code;
(8) Fire Commission provided in article three, chapter twenty-
nine of this code;
(9) Regional Jail and Correctional Facility Authority provided
in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council
provided in article one, chapter nine-a of this code.
(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of
this code;
(2) Racing Commission provided in article twenty-three,
chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director
provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two,
chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided
in article sixteen, chapter eleven of this code and article two,
chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in
article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-
seven-a of this code;
(8) Division of Banking provided in article two, chapter
thirty-one-a of this code;
(9) The State Budget Office provided in article two of this
chapter;
(10) The Municipal Bond Commission provided in article three,
chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
(k) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter
seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two,
chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter
seventeen of this code.
(l) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the the position of administrator
and the powers, authority and duties of each administrator and
agency are not affected by the enactment of this chapter.
(m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions
of section two of this article, the existence, powers, authority
and duties of boards and the membership, terms and qualifications
of members of the boards are not affected by the enactment of this
chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(n) Any department previously transferred to and incorporated
in a department by prior enactment of this section means a division
of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created
in section two, article one of this chapter, the reference means a
division of the appropriate department and any reference to a
division of a department so transferred and incorporated means a
section of the appropriate division of the department.
(o) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer is solely for purposes of
administrative support and liaison with the Office of the Governor,
a department secretary or a bureau. Nothing in this section extends
the powers of department secretaries under section two of this
article to any person other than a department secretary and nothing
limits or abridges the statutory powers and duties of statutory
commissioners or officers pursuant to this code.
§5F-2-2. Power and authority of secretary of each department.
(a) Notwithstanding any other provision of this code to the
contrary, the secretary of each department shall have plenary power
and authority within and for the department to:
(1) Employ and discharge within the office of the secretary
employees as may be necessary to carry out the functions of the
secretary, which employees shall serve at the will and pleasure of
the secretary;
(2) Cause the various agencies and boards to be operated
effectively, efficiently and economically, and develop goals,
objectives, policies and plans that are necessary or desirable for
the effective, efficient and economical operation of the
department;
(3) Eliminate or consolidate positions, other than positions
of administrators or positions of board members, and name a person
to fill more than one position;
(4) Delegate, assign, transfer or combine responsibilities or
duties to or among employees, other than administrators or board
members;
(5) Reorganize internal functions or operations;
(6) Formulate comprehensive budgets for consideration by the
Governor, and transfer within the department funds appropriated to
the various agencies of the department which are not expended due
to cost savings resulting from the implementation of the provisions
of this chapter: Provided, That no more than twenty-five percent
of the funds appropriated to any one agency or board may be
transferred to other agencies or boards within the department:
Provided, however, That no funds may be transferred from a special
revenue account, dedicated account, capital expenditure account or
any other account or funds specifically exempted by the Legislature
from transfer, except that the use of appropriations from the State
Road Fund transferred to the Office of the Secretary of the Department of Transportation is not a use other than the purpose
for which the funds were dedicated and is permitted: Provided
further, That if the Legislature by subsequent enactment
consolidates agencies, boards or functions, the secretary may
transfer the funds formerly appropriated to the agency, board or
function in order to implement consolidation. The authority to
transfer funds under this section shall expire on the thirtieth day
of June, two thousand five;
(7) Enter into contracts or agreements requiring the
expenditure of public funds, and authorize the expenditure or
obligation of public funds as authorized by law: Provided, That
the powers granted to the secretary to enter into contracts or
agreements and to make expenditures or obligations of public funds
under this provision shall not exceed or be interpreted as
authority to exceed the powers granted by the Legislature to the
various commissioners, directors or board members of the various
departments, agencies or boards that comprise and are incorporated
into each secretary's department under this chapter;
(8) Acquire by lease or purchase property of whatever kind or
character and convey or dispose of any property of whatever kind or
character as authorized by law: Provided, That the powers granted
to the secretary to lease, purchase, convey or dispose of such
property shall not exceed or be interpreted as authority to exceed
the powers granted by the Legislature to the various commissioners,
directors or board members of the various departments, agencies or
boards that comprise and are incorporated into each secretary's
department under this chapter;
(9) Conduct internal audits;
(10) Supervise internal management;
(11) Promulgate rules, as defined in section two, article one,
chapter twenty-nine-a of this code, to implement and make effective
the powers, authority and duties granted and imposed by the
provisions of this chapter in accordance with the provisions of
chapter twenty-nine-a of this code;
(12) Grant or withhold written consent to the proposal of any
rule, as defined in section two, article one, chapter twenty-nine-a
of this code, by any administrator, agency or board within the
department. Without written consent, no proposal for a rule shall
have any force or effect;
(13) Delegate to administrators the duties of the secretary as
the secretary may deem appropriate from time to time to facilitate
execution of the powers, authority and duties delegated to the
secretary; and
(14) Take any other action involving or relating to internal
management not otherwise prohibited by law.
(b) The secretaries of the departments hereby created shall
engage in a comprehensive review of the practices, policies and
operations of the agencies and boards within their departments to
determine the feasibility of cost reductions and increased
efficiency which may be achieved therein, including, but not
limited to, the following:
(1) The elimination, reduction and restriction of the state's
vehicle or other transportation fleet;
(2) The elimination, reduction and restriction of state
government publications, including annual reports, informational
materials and promotional materials;
(3) The termination or rectification of terms contained in
lease agreements between the state and private sector for offices,
equipment and services;
(4) The adoption of appropriate systems for accounting,
including consideration of an accrual basis financial accounting
and reporting system;
(5) The adoption of revised procurement practices to
facilitate cost-effective purchasing procedures, including
consideration of means by which domestic businesses may be assisted
to compete for state government purchases; and
(6) The computerization of the functions of the state agencies
and boards.
(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, none of the powers granted to the secretaries
herein shall be exercised by the secretary if to do so would
violate or be inconsistent with the provisions of any federal law
or regulation, any federal-state program or federally delegated
program or jeopardize the approval, existence or funding of any
program.
(d) The layoff and recall rights of employees within the
classified service of the state as provided in subsections five and
six, section ten, article six, chapter twenty-nine of this code
shall be limited to the organizational unit within the agency or
board and within the occupational group established by the
classification and compensation plan for the classified service of
the agency or board in which the employee was employed prior to the
agency or board's transfer or incorporation into the department:
Provided, That the employee shall possess the qualifications established for the job class. The duration of recall rights
provided in this subsection shall be limited to two years or the
length of tenure, whichever is less. Except as provided in this
subsection, nothing contained in this section shall be construed to
abridge the rights of employees within the classified service of
the state as provided in sections ten and ten-a, article six,
chapter twenty-nine of this code, or the right of classified
employees of the Board of Regents to the procedures and protections
set forth in article twenty-six-b, chapter eighteen of this code.
(e) Notwithstanding any other provision of this code to the
contrary, the secretary of each department with authority over
programs which are payors for prescription drugs, including but not
limited to, the Public Employees Insurance Agency, the Children's
Health Insurance Program, the Division of Corrections, the Division
of Juvenile Services, the Regional Jail and Correctional Facility
Authority, the Workers' Compensation Fund, state colleges and
universities, public hospitals, state or local institutions
including nursing homes and veteran's homes, the Division of
Rehabilitation, public health departments, the Bureau of Medical
Services and other programs that are payors for prescription drugs,
shall cooperate with the Office of the Pharmaceutical Advocate
established pursuant to section four, article sixteen-d, chapter
five of this code for the purpose of purchasing prescription drugs
for any program over which they have authority.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2. West Virginia Educational Broadcasting Authority;
members; organization; officers; employees;
meetings; expenses.
(a) The West Virginia Educational Broadcasting Authority is
hereby continued as a public benefit corporation. The Authority
shall consist of eleven voting members, who shall be residents of
the state, including the Governor or designee, the State
Superintendent of Schools, one member of the West Virginia Board of
Education to be selected by it annually, and one member of the West
Virginia Higher Education Policy Commission to be selected by it
annually. The other seven members shall be appointed by the
Governor by and with the advice and consent of the Senate for
overlapping terms of seven years, one term expiring each year.
Not less than one appointive member shall come from each
congressional district. Employees of noncommercial broadcasting
stations in West Virginia are not eligible for appointment to the
Authority. Any vacancy among the appointive members shall be
filled by the Governor by appointment for the unexpired term.
(b) As of the effective date of the reenactment of this
section during the Regular Session of 2005, the Governor or
designee serves as chair, for a term not to exceed four years
unless extended by act of the Legislature. Thereafter, the
Authority shall select the chair. The Authority shall annually
select one of its public members as vice chair and shall appoint a
secretary who need not be a member of the Authority and who shall
keep records of its proceedings.
(c) As of the effective date of the reenactment of this section during the Regular Session of 2005, the Governor shall
appoint an Executive Director, at a salary fixed by the Governor,
to serve for a term not to exceed four years unless extended by act
of the Legislature. Thereafter the Authority shall appoint the
Executive Director and fix his or her salary. The Executive
Director is responsible for managing and administering the daily
functions of the Authority and for performing all other functions
necessary to the effective operation of the Authority. The
Authority is authorized to establish offices for the proper
performance of its duties.
(d) The Authority shall hold at least one annual meeting. The
time and place of the meetings shall be established upon its own
resolution or at the call of the chairperson of the Authority. The
members shall serve without compensation but may be reimbursed for
all reasonable and necessary expenses actually incurred in the
performance of their duties in a manner consistent with the
guidelines of the Travel Management Office of the Department of
Administration.
§10-5-5a. Advisory Committee on Journalistic and Editorial
Integrity.
(a) The Authority shall appoint an Advisory Committee on
Journalistic and Editorial Integrity, which shall consist of five
qualified members to serve staggered terms of three years. The
Advisory Committee shall annually elect a chair, vice chair and
secretary.
(b) The Advisory Committee shall advise the Authority on
issues related to the journalistic independence and editorial integrity of public education and public broadcasting stations,
which
have the same constitutional protections as other
journalistic enterprises in West Virginia
.
CHAPTER 11. TAXATION.
ARTICLE 10A. WEST VIRGINIA OFFICE OF TAX APPEALS.
§11-10A-6. Chief Administrative Law Judge; appointment, term and
vacancy; qualifications; compensation; conflicts of
interest prohibited; removal.
(a) The Governor, with the advice and consent of the Senate,
shall appoint the Chief Administrative Law Judge from a list of
three qualified nominees submitted to the Governor by the Board of
Governors of the West Virginia State Bar for a four-year term. An
appointment to fill a vacancy in the position shall be for the
unexpired term.
(b) Prior to appointment, the Chief Administrative Law Judge
shall be a citizen of the United States and a resident of this
state who is admitted to the practice of law in this state and who
has five years of full-time or equivalent part-time experience as
an attorney with federal or state tax law expertise or as a judge
of a court of record.
(c) The salary of the Chief Administrative Law Judge shall be
set by the Secretary of the Department of Revenue created in
section two, article one, chapter five-f of this code. The salary
shall be within the salary range for comparable chief
administrative law judges as determined by the State Personnel
Board created by section six, article six, chapter twenty-nine of
this code.
(d) The Chief Administrative Law Judge during his or her term shall:
(1) Devote his or her full time to the duties of the position;
(2) Not otherwise engage in the active practice of law or be
associated with any group or entity which is itself engaged in the
active practice of law:
Provided, That nothing in this paragraph
may be construed to prohibit the Chief Administrative Law Judge
from being a member of a national, state or local bar association
or committee, or of any other similar group or organization, or to
prohibit the Chief Administrative Law Judge from engaging in the
practice of law by representing himself, herself or his or her
immediate family in their personal affairs in matters not subject
to this article.
(3) Not engage directly or indirectly in any activity,
occupation or business interfering or inconsistent with his or her
duties as Chief Administrative Law Judge;
(4) Not hold any other appointed public office or any elected
public office or any other position of public trust; and
(5) Not be a candidate for any elected public office, or serve
on or under any committee of any political party.
(e) The Governor may remove the Chief Administrative Law Judge
only for incompetence, neglect of duty, official misconduct or
violation of subsection (d) of this section, and removal shall be
in the same manner as that specified for removal of elected state
officials in section six, article six, chapter six of this code.
§11-10A-7. Powers and duties of Chief Administrative Law Judge; all
employees, except Chief Administrative Law Judge,
members of classified service; qualifications of
administrative law judges.
(a) The Chief Administrative Law Judge is the chief executive
officer of the Office of Tax Appeals and he or she may employ one
person to serve as executive director, one staff attorney and other
clerical personnel as necessary for the proper administration of
this article. The Chief Administrative Law Judge may delegate
administrative duties to other employees, but the Chief
Administrative Law Judge shall be responsible for all official
delegated acts.
(1) Upon the request of the Chief Administrative Law Judge,
the Governor may appoint up to two administrative law judges as
necessary for the proper administration of this article.
(2) All employees of the Office of Tax Appeals, except the
Chief Administrative Law Judge, shall be in the classified service
and shall be governed by the provisions of the statutes, rules and
policies of the classified service in accordance with the
provisions of article six, chapter twenty-nine of this code.
(3) Prior to employment by the Office of Tax Appeals, all
administrative law judges shall be admitted to the practice of law
in this state and have at least two years of full-time or
equivalent part-time experience as an attorney with federal or
state tax law expertise.
(4) The Chief Administrative Law Judge and all administrative
law judges shall be members of the public employees retirement
system and do not qualify as participants in the judicial
retirement system during their tenure with the Office of Tax
Appeals.
(b) The Chief Administrative Law Judge shall:
(1) Direct and supervise the work of the legal staff;
(2) Make hearing assignments;
(3) Maintain the records of the Office of Tax Appeals;
(4) Review and approve decisions of administrative law judges
as to legal accuracy, clarity and other requirements;
(5) Publish decisions in accordance with the provisions of
section sixteen of this article;
(6) Submit to the Legislature, on or before the fifteenth day
of February, an annual report summarizing the Office of Tax
Appeals' activities since the end of the last report period,
including a statement of the number and type of matters handled by
the Office of Tax Appeals during the preceding fiscal year and the
number of matters pending at the end of the year; and
(7) Perform the other duties necessary and proper to carry out
the purposes of this article.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-3. West Virginia Parkways, Economic Development and
Tourism Authority generally.
(a) The West Virginia Parkways, Economic Development and
Tourism Authority is continued as an agency of the state, and the
exercise by the Parkways Authority of the powers conferred by this
article in the construction, reconstruction, improvement, operation
and maintenance of parkway, economic development and tourism
projects shall be deemed an essential governmental function of the
state.
(b) The West Virginia Parkways, Economic Development and Tourism Authority shall consist of seven members, including the
Governor or designee, the Transportation Secretary and five public
members appointed by the Governor, by and with the advice and
consent of the Senate. The appointed members shall be residents of
the state and shall have been qualified electors for a period of at
least one year next preceding their appointment. Public members
are appointed for eight-year terms, which are staggered in
accordance with the initial appointments under prior enactment of
this section. Any member whose term has expired shall serve until
his or her successor has been duly appointed and qualified. Any
person appointed to fill a vacancy shall serve only for the
unexpired term. Any member shall be eligible for reappointment.
Each appointed member of the Parkways Authority before entering
upon his or her duties shall take an oath as provided by section
five, article IV of the constitution of West Virginia.
(c) The Governor or designee shall serve as chair and the
Authority shall annually elect one of the appointed members as vice
chair, and shall also elect a secretary and treasurer who need not
be members of the Parkways Authority.
(d) The Governor appoints an Executive Director of the
Authority with the advice and consent of the Senate. The Executive
Director serves at the Governor's will and pleasure. The Executive
Director is responsible for managing and administering the daily
functions of the Authority and for performing all other functions
necessary to the effective operation of the Authority. The
compensation of the Executive Director is annually fixed by the
Governor.
(e) Four members of the Parkways Authority shall constitute a quorum and the vote of a majority of members present shall be
necessary for any action taken by the Parkways Authority. No
vacancy in the membership of the Parkways Authority shall impair
the right of a quorum to exercise all the rights and perform all
the duties of the Parkways Authority. The Parkways Authority shall
meet at least monthly and either the chair or any four members
shall be empowered to call special meetings for any purpose:
Provided, That notice of any meeting shall be given to all members
of the Parkways Authority not less than ten days prior to said
special meetings.
(f) Before the issuance of any parkway revenue bonds or
revenue refunding bonds under the provisions of this article, each
appointed member of the Parkways Authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars, each surety bond to be conditioned
upon the faithful performance of the duties of his or her office,
to be executed by a surety company authorized to transact business
in West Virginia as surety and to be approved by the Governor and
filed in the Office of the Secretary of State.
(g) The members of the Parkways Authority shall not be
entitled to compensation for their services, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their duties in a manner consistent
with guidelines of the Travel Management Office of the Department
of Administration.
(h) All expenses incurred in carrying out the provisions of
this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be
incurred by the Parkways Authority beyond the extent to which
moneys shall have been provided under the authority of this
article.
(i) Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Parkways, Economic Development and
Tourism Authority shall continue to exist until the first day of
July, two thousand seven.
§17-16A-10. Parkway revenue bonds generally.
(a) The Parkways Authority is authorized to provide by
resolution for the issuance of parkway revenue bonds of the state
for the purpose of paying all or any part of the cost of one or
more projects: Provided, That this section shall not be construed
as authorizing the issuance of parkway revenue bonds for the
purpose of paying the cost of the West Virginia Turnpike, which
parkway revenue bonds may be issued only as authorized under
section eleven of this article. The principal of and the interest
on bonds shall be payable solely from the funds provided for
payment.
(b) The bonds of each issue shall be dated, shall bear
interest at a rate as may be determined by the Parkways Authority
in its sole discretion, shall mature at a time not exceeding forty
years from their date or of issue as may be determined by the
Parkways Authority, and may be made redeemable before maturity, at
the option of the Parkways Authority at a price and under the terms
and conditions as may be fixed by the Parkways Authority prior to
the issuance of the bonds.
(c) The Parkways Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and
shall fix the denomination of the bonds and the place of payment of
principal and interest, which may be at any bank or trust company
within or without the state.
(d) The bonds shall be executed by manual or facsimile
signature by the chair of the Parkways Authority, and the official
seal of the Parkways Authority shall be affixed to or printed on
each bond, and attested, manually or by facsimile signature, by the
secretary and treasurer of the Parkways Authority . Any coupons
attached to any bond shall bear the manual or facsimile signature
of the chair of the Parkways Authority.
(e) In case any officer whose signature or a facsimile of
whose signature appears on any bonds or coupons shall cease to be
an officer before the delivery of the bonds, the signature or
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until delivery .
In case the seal of the Parkways Authority has been changed after
a facsimile has been imprinted on the bonds, then the facsimile
seal will continue to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article
shall have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form, or both, as
the Parkways Authority may determine, and provision may be made for
the registration of any coupon bonds as to principal alone and also
as to both principal and interest, and for the recorders into
coupon bonds of any bonds registered as to both principal and
interest.
(g) The Parkways Authority may sell the bonds at a public or
private sale at a price it determines to be in the best interests
of the state.
(h) The proceeds of the bonds of each issue shall be used
solely for the payment of the cost of the parkway project or
projects for which the bonds were issued, and shall be disbursed in
a manner consistent with the resolution authorizing the issuance of
the bonds or in the trust agreement securing the bonds.
(i) If the proceeds of the bonds of any issue, by error of
estimates or otherwise, shall be less than the cost, then
additional bonds may in like manner be issued to provide the amount
of the deficit. Unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust agreement
securing the bonds, the additional bonds shall be deemed to be of
the same issue and shall be entitled to payment from the same fund
without preference or priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost
of the project or projects for which the bonds were issued, then
the surplus shall be deposited to the credit of the sinking fund
for the bonds.
(k) Prior to the preparation of definitive bonds, the Parkways
Authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for
definitive bonds when the bonds have been executed and are
available for delivery. The Parkways Authority may also provide for
the replacement of any bonds that become mutilated or are destroyed
or lost.
(l) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division,
commission, board, bureau or agency of the state in accordance with
this article.
CHAPTER 49. CHILD WELFARE.
ARTICLE 9. MISSING CHILDREN INFORMATION ACT.
§49-9-15. Clearinghouse Advisory Council; members, appointments
and expenses; appointment, duties and compensation of
director.
(a) The Clearinghouse Advisory Council is continued as a body
corporate and politic, constituting a public corporation and
government instrumentality. The Council shall consist of eleven
members, who are knowledgeable about and interested in issues
relating to missing or exploited children, as follows:
(1) Six members to be appointed by the Governor, with the
advice and consent of the Senate, with not more than four belonging
to the same political party, three being from different
congressional districts of the state and, as nearly as possible,
providing broad state geographical distribution of members of the
Council, and at least one representing a nonprofit organization
involved with preventing the abduction, runaway or exploitation of
children or locating missing children;
(2) The Secretary of the Department of Health and Human
Resources or his or her designee;
(3) The Superintendent of the West Virginia State Police or
his or her designee;
(4) The State Superintendent of Schools or his or her
designee;
(5) The Director of the Criminal Justice and Highway Safety Division or his or her designee; and(6) The Executive Director
of the Governor's Cabinet on Children and Families.
(b) The Governor shall appoint the six Council members for
staggered terms. The terms of the members first taking office on or
after the effective date of this legislation shall expire as
designated by the Governor. Each subsequent appointment shall be
for a full three-year term. Any appointed member whose term is
expired shall serve until a successor has been duly appointed and
qualified. Any person appointed to fill a vacancy shall serve only
for the unexpired term. A member is eligible for only one
successive reappointment. A vacancy shall be filled by the Governor
in the same manner as the original appointment was made.
(c) Members of the Council are not entitled to compensation
for services performed as members but are entitled to reimbursement
for all reasonable and necessary expenses actually incurred in the
performance of their duties
in a manner consistent with the
guidelines of the Travel Management Office of the Department of
Administration.
(d) A majority of serving members constitutes a quorum for the
purpose of conducting business. The chair of the Council shall be
designated by the Governor from among the appointed Council members
who represent nonprofit organizations involved with preventing the
abduction, runaway or exploitation of children or locating missing
children. The term of the chair shall run concurrently with his or
her term of office as a member of the Council. The Council shall
conduct all meetings in accordance with the open governmental
meetings law pursuant to article nine-a, chapter six of this code.
(e) The employee of the West Virginia State Police who is primarily responsible for the clearinghouse established by section
three of this article shall serve as the Executive Director of the
Council. He or she shall receive no additional compensation for
service as the Executive Director of the Council but shall be
reimbursed for any reasonable and necessary expenses actually
incurred in the performance of his or her duties as Executive
Director
in a manner consistent with the guidelines of the Travel
Management Office of the Department of Administration
.
(f) The expenses of Council members and the Executive Director
shall be reimbursed from funds provided by foundation grants, in-
kind contributions or funds obtained pursuant to subsection (b),
section seventeen of this article.
(g) The Executive Director shall provide or obtain information
necessary to support the administrative work of the Council and, to
that end, may contract with one or more nonprofit organizations or
state agencies for research and administrative support.
(h) The Executive Director of the Council shall be available
to the Governor and to the Speaker of the House of Delegates and
the President of the Senate to analyze and comment upon proposed
legislation and rules which relate to or materially affect missing
or exploited children.
(i) The Council shall prepare and publish an annual report of
its activities and accomplishments and submit it to the Governor
and to the Joint Committee on Government and Finance on or before
the fifteenth day of December of each year.