Senate Bill No. 559
(By Senators McCabe, Browning, Green Stollings and D. Facemire)
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[Introduced March 12, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5B-7-1, §5B-7-2,
§5B-7-3, §5B-7-4, §5B-7-5 and §5B-7-6,
all relating to the
creation of the Governor's Commission on the Reorganization of
Tamarack; setting forth legislative findings and purposes of
the bill; setting forth the members and officers of the
commission; setting the compensation and the funding for the
expenses of the commission; stating the powers and duties of
the commission; requiring the commission to report to the
Joint Committee on Government and Finance and the Governor;
and providing for the termination of the commission.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-
7-3, §5B-7-4, §5B-7-5 and §5B-7-6,
all to read as follows:
ARTICLE 7. THE GOVERNOR'S COMMISSION ON THE REORGANIZATION OF TAMARACK.
§5B-7-1. Legislative findings, purposes and intent.
The Legislature hereby finds and declares that:
(a) Tamarack has created a positive image focusing on the best
of West Virginia;
(b) Tamarack has created hundreds of jobs and contributed
millions of dollars to the state over the past decade;
(c) Tamarack is a valuable resource for West Virginia that has
created a creditable model of an incubator for small business
focusing on the artisan community;
(d) Tamarack has provided a marketplace for more than 3,000
state artisans, generated more than $4 million in sales taxes and
had sales in excess of $86 million;
(e) Currently approximately half of the West Virginia
Parkways, Economic Development and Tourism Authority's funds are
designated to retire bonds sold to build Tamarack;
(f) The West Virginia Parkways, Economic Development and
Tourism Authority is struggling to maintain the West Virginia
Turnpike with its current revenue stream;
(g) The current method of financing and operating Tamarack
through the West Virginia Parkways, Economic Development and
Tourism Authority may not be the best approach;
(h) West Virginia should explore new and more comprehensive
methods of funding and operating Tamarack including commercializing
Tamarack, creating a public-private partnership with a private
entity, and transferring the financing and operating of Tamarack to another governmental entity;
(i) Enormous potential exists for Tamarack to attract
nationally renowned artisans to establish businesses in West
Virginia; and
(j) A Governor's commission is necessary to determine the best
alternative for Tamarack including, how to finance and operate
Tamarack and whether a public-private partnership is feasible and
desirable.
§5B-7-2. Governor's commission on the Reorganization of Tamarack;
composition; appointment of members.
(a) Effective July 1, 2009, the Governor's Commission on the
Reorganization of Tamarack is hereby created.
(b) The commission shall consist of the following members:
(1) One shall be the Governor or designee; (2) one shall be the
Secretary of Commerce or designee; (3) one shall be the chairman of
the West Virginia Parkways, Economic Development and Tourism
Authority or designee; and the Governor shall appoint with the
advice and consent of the Senate; (4) one representative of the
Tamarack Foundation; (5) one representative of the Tamarack Artisan
Advisory Board; (6) one representative of the investment banking
community; (7) and one representative of the national retail
community. In addition, the President of the Senate or designee and
the Speaker of the House of Delegates or designee shall serve as ex
officio nonvoting members of the commission.
(c) The Governor or designee shall serve as chairperson and
the Secretary of Commerce or designee shall serve as the vice chairperson. The commission shall appoint a secretary who need not
be a member of the commission and who shall keep records of its
proceedings.
(d) Four members of the commission shall constitute a quorum
and the affirmative vote of at least the majority of those members
present shall be necessary for any action taken by vote of the
commission.
§5B-7-3. Compensation and expenses of members; expenses of the
commission.
(a) The members of the commission shall be reimbursed for all
of their reasonable and necessary travel and other expenses
incurred in connection with carrying out their duties as members of
the commission, which expenses shall be paid in the manner and form
prescribed by law or by any rule. The expenses shall be paid from
the Governor's Civil Contingency Fund upon approval of the
Governor.
(b) Other expenses of the commission, which shall be in an
amount not to exceed $500,000, including any fees, salaries, wages
and other expenses, shall be paid from the appropriations made to
the Governor's Civil Contingency Fund, upon approval of the
Governor.
(c) Members of the commission may receive no other
compensation for their services on or with the commission.
§5B-7-4. Powers and duties of the commission.
The commission has the following powers and duties:
(a) Conduct a comprehensive and detailed examination of Tamarack including, the best method of financing Tamarack, the best
method of transferring the financing of Tamarack away from the West
Virginia Parkways, if necessary, and whether a public-private
partnership is feasible and desirable;
(b) Determine the best way for West Virginia to utilize its
resources to become an attractive location for the nation's best
artisans to locate and establish businesses in West Virginia;
(c) Draft legislation necessary to carry out the above
objectives;
(d) Employ legal, technical, investigative, clerical,
stenographic, advisory and other personnel as necessary and to fix
the reasonable compensation of persons;
(e) Perform any other act necessary or effectuate the
provisions of this article; and
(f) Meet no less than once a month to effectuate the
provisions of this article.
§5B-7-5. Reports of the commission.
The commission shall report its findings and conclusions,
along with any recommendations and legislation, it deems
appropriate, to the Joint Committee on Government & Finance and the
Governor on or before January 1, 2011.
§5B-7-6. Termination of commission.
The commission shall terminate July 1, 2011.
NOTE: The purpose of this bill is to create a Governor's
commission on the reorganization of Tamarack. The purpose of the
commission would be to determine the ideal method of financing and
operating Tamarack and to draft legislation that would achieve such
purpose.
Article 7 is new; therefore, strike-throughs and underscoring
have been omitted.